7/23/2002 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON AUGUST 13, 2002
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING July 23, 2002
The City Council of the City of Orange, California convened on July 23, 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 Philip Struyk, Plaza Bible Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Alvarez
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Resolution No. 9633 was removed from the Consent Calendar and heard separately.
RESOLUTION NO. 9633
A Resolution of the City Council of the City of Orange honoring William R. "Bill"
Warne for six years of dedicated service on the Orange Public Library Board of Trustees.
MOTION - Alvarez
SECOND - Murphy
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Resolution No. 9633.
Resolution No. 9633 was presented to William Warne.
Nora Jacob, new Library Director, was introduced.
Proclamation was presented to Gary Wann, Community Services Director, in recognition
of his outstanding services for the past nine years as Director of both Community and
Library Services.
The following employees received Employee Service Awards: Serena Cryar - Police
(not present); Christine Ludlow - Finance.
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CITY COUNCIL MINUTES
July 23, 2002
1.4 PRESENT A TIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
Presentation given by Larry Dick, Division 2 Director of Municipal Water Districts of
Orange County, of a commemorative poster celebrating 50 years of service to its member
agencies.
Mayor pro tern Alvarez announced Mayor Murphy had a birthday on July 20th and Mayor
Murphy announced former Mayor pro tern Fred Barrera celebrated his 80th birthday on
July 22nd.
2.
PUBLIC COMMENTS
TAPE 720
Dan Swoish, 6121 E. Mabury, Mabury Ranch Homeowners Association Board Member,
expressed concern about the grading being done by Fieldstone Company on the Sully
Miller property north of the creek; and stated other options need to be put forth for
development ofthis property.
Susan Obermayer, 6219 E. Shenandoah, Mabury Ranch Homeowners Association Board
Member, thanked the City and City Council for responding to their concerns about the
recent grading on the Sully Miller property and asked they be notified in the future when
this type of work is done.
Jack Sprouls, 6049 E. Mabury, expressed concern about possible damage to the creek as
a result of recent grading because of dirt being pushed into the creek on the Sully Miller
property; and asked that other alternatives be explored for this property.
Rick Cryder, 307 S. Wrightwood, displayed angels which have been made in memory of
the New York Police and Fire personnel as well as the victims of the airline flights and
Pentagon from the September II th tragedy. He invited the City Council and citizens to a
memorial event, Saturday, July 27'h at 10:00 a.m. on the steps at Memorial Hall at
Chapman University.
Council Discussion
Councilmember Cavecche asked about the impacts of the recent grading by the
Fieldstone Company on the Sully Miller property.
It was reported that both Public Works and Community Development have been involved
and have been in contact with the Regional Water Quality Board, who was concerned
about erosion from those areas that have been cleared, and the Army Corps of Engineers
and the State Fish and Game Departments, all of whom have the ability to fine if certain
violations occur. Fieldstone has been required to provide the City with an erosion control
plan.
Councilmember Cavecche asked at what point would a permit be required in the grading
process and how much dirt can be moved before the City requires a Storm Water
Pollution Prevention Plan be in place.
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CITY COUNCIL MINUTES
July 23, 2002
2. PUBLIC COMMENTS (Continued)
The Public Works Director stated the developer can do geologic exploration which would
include pioneering access roads into those areas without a permit. They can also do cuts
and fills oflimited height without a permit; but any dirt movement of more than 50 cubic
yards per lot would require a grading permit. At this point there is no evidence that
Fieldstone has violated any of the exemption provisions and any possible violations are
of other regulations. A Storm Water Pollution Prevention Plan is required if there is a
grading permit, but as long as they come under the exemptions the City has no basis for
requiring this Plan.
The City Manager pointed out that if the contractor is not required to pull permits, it is
difficult for the City to notify the neighborhood; but that the property is being watched
closely by the City and no development will occur until all plans are approved by the
City.
3.
CONSENT CALENDAR
TAPE 1310
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 July 23, 2002 at Orange Civic Center, Main Library
at 101 N. Center Street, Police facility at 1107 North Batavia, the Shaffer Park
Bulletin Board, summarized on Time-Warner Communications and available on the
City's Web site 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 June 20, and 27, 2002
(continued from 7/9/02) and July 3, 9,11,2002.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, June 25, 2002
(continued from 7/9/02) and Regular Meeting of July 9, 2002.
ACTION:
corrected.
Approved June 25, 2002 Minutes. Approved July 9, 2002 Minutes as
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CITY COUNCIL MINUTES
July 23,2002
3. CONSENT CALENDAR (Continued)
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
3.5 Receive and file the City Treasurer's Report for the period ending June 30, 2002.
ACTION:
Approved.
AGREEMENTS
3.6 Water Quality Ordinance Implementation Agreement D02-082, with the County of
Orange. (A2100.0 AGR-4059)
SUMMARY: The Water Quality Ordinance Implementation Agreement D02-082, with
the County of Orange, will name the County of Orange as an authorized inspector for
NPDES (National Pollutant Discharge Elimination System) under current City ordinance.
ACTION: Approved Water Quality Implementation Agreement D02-082 with the
County of Orange and authorized the Mayor and City Clerk to execute on behalf of the
City.
FISCAL IMPACT: Funds are available in Sanitation Contractual Services Account No.
220-5022-427100.
(REMOVED AND HEARD SEPARATELY) TAPE 1360
3.7 Thirteenth Amendment to Information Services Partnering Agreement with
Affiliated Computer Services for Upgrade to the Civic Center Network. (A2100.0
AGR-0978.B.13)
Note: Mayor Murphy abstained on this item due to an employment conflict and left the
dais.
SUMMARY: The City's computer network equipment needs to be upgraded. Affiliated
Computer Services (ACS) has reviewed and made recommendations for improvements to
the network, and the replacement of certain network devices. The upgrade to the network
requires an amendment to the City's existing Information Services Partnering Agreement
with ACS. The total amount of the amendment is $196,248.00 over a two year period.
Discussion
Mayor pro tern Alvarez asked about the amount of money being spent, the required
upgrades, why this contract was not sent out to bid, who monitors ACS and asked about
possible conflicts with ACS being the ones who compile the list for upgrades.
The Assistant City Manager reported the proposal is to upgrade the City's network. The
infrastructure is aging and this upgrade was included in the 2000 Strategic Plan. The
network upgrade will replace components that are currently ending their useful life and
will reduce and eliminate network issues and provide additional capacity for current
applications, which are essential upgrades to the networking system.
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CITY COUNCIL MINUTES
July 23, 2002
3. CONSENT CALENDAR (Continued)
The current contact with ACS gives the City the ability to amend the contract without
going out to bid. Prices were reviewed by the City's Purchasing Office and it was found
that this pricing could not be matched even compared with the State contracts.
ACS is a sub contractor and is monitored through the City Manager's Office.
The City Manager pointed out that upgrades are driven by department needs and an inter-
departmental committee reviews ongoing demands and sets priorities.
Councilmember Coontz stated the City used to have its own system and it was not up to
the standards the City has today. ACS is an extremely large organization and can
probably purchase equipment much cheaper than anyone the City can deal with.
MOTION - Cavecche
SECOND - Coontz
AYES - Slater, Alvarez, Coontz, Cavecche
ABSENT - Mayor Murphy
ACTION: Approved the Thirteenth Amendment to the Information Services Partnering
Agreement with Affiliated Computer Services (ACS) and authorized the Mayor to
execute, and the City Clerk to attest, on behalf of the City.
FISCAL IMPACT: The cost for the network upgrade in FY 2002-03 is $182,067.00,
with an additional $14,181.00 in FY 2003-04 for system maintenance. Sufficient funds
are available in account 790-1601-481303-9640 (MIS - Computer Replacement).
Note: Mayor Murphy returned to the dais.
3.8 Agreement with the City of Villa Park to provide for slurry sealing of Cerro Villa
Drive in Orange. (A2100.0 AGR-4060)
SUMMARY: The City of Villa Park intends to slurry seal that portion of Cerro Villa
Drive within the City of Villa Park between Valley Drive and Canyon Drive. A portion
of that stretch of Cerro Villa Drive is located within the jurisdictional boundaries of the
City of Orange. The City of Villa Park has agreed to cooperate with the City of Orange
by including the portion ofCerro Villa Drive that is within the City of Orange in its scope
of work, subject to reimbursement by the City of Orange.
ACTION: 1) As a responsible agency under the California Environmental Quality Act
(CEQA), find that the project is categorically exempt from the provisions of CEQA
pursuant to Section 15300 of the State CEQA Guidelines; and 2) Approved the
Agreement with the City of Villa Park and authorized the Mayor to execute, and the City
Clerk to attest, said Agreement.
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CITY COUNCIL MINUTES
July 23, 2002
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: The funds for this project are budgeted in account number 262-5021-
483300 (Local Street Maintenance). It is anticipated that the City's proportionate share
of the cost will be $4,691.
BIDS
3.9 Project No. D-138; Orange County Sanitation District (OCSD) Cooperative Project
Hartman Street/Fletcher Avenue Storm Drain Improvements from Hartman Street
to Fletcher Retarding Basin. (C2500.M.17)
SUMMARY: Plans and specifications have been completed for the Hartman
Street!Fletcher Avenue Storm Drain Improvements project. The project is ready to
advertise for bids. The estimated construction cost is $623,000 including contingencies
and construction engineering.
ACTION: Approved plans and specifications and authorized advertising for bids the
OCSD Hartman Street!Fletcher Avenue Storm Drain Improvements project.
FISCAL IMPACT: Funds are budgeted and available in the CIP in the following
accounts for the Hartman St./Fletcher Ave. Storm Drain Improvements (D-138):
530-5011-483300-5339
530-5011-483400-5339
550-5011-483300-5339
Drainage Districts
Drainage Districts
OCSD Reimbursable
Total Funds
$ 98,000.00
202,000.00
301.000.00
$601,000.00
3.10 Project No. D-137; Orange County Sanitation District (OCSD) Cooperative Project
- Sacramento Street Storm Drain Improvements between Katella Avenue and
Garfield Avenue east of the SR-55 Freeway. (C2500..M.17)
SUMMARY: Plans and specifications have been completed for the Sacramento Street
Storm Drain Improvements project. The project is ready to advertise for bids. The
estimated construction cost is $93,000 including contingencies and construction
engmeenng.
ACTION: Approved plans and specifications and authorized advertising for bids for the
OCSD Sacramento Street Storm Drain Improvements project.
FISCAL IMPACT: Funds are budgeted and available in the CIP in the following
accounts for the Sacramento Street Storm Drain Improvements (D-137):
530-5011-483300-5340
550-5011-483300-5340
Drainage Districts
OCSD Reimbursable
Total Funds
$ 41,462.00
41.969.00
$83,431.00
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CITY COUNCIL MINUTES
July 23, 2002
3. CONSENT CALENDAR (Continued)
3.11 Project No. S.P. 3376; AHRP Project - Wanda Road Rehabilitation from Katella
Avenue to Santiago Boulevard. (S4000.S.7)
SUMMARY: Plans and specifications have been completed for the Wanda Road
Rehabilitation from Katella Avenue to Santiago Boulevard. The project is ready to be
advertised. The estimated construction cost is $254,607.00
ACTION: Approved plans and specifications and authorized advertising for bids for the
AHRP Wanda Road Rehabilitation project.
FISCAL IMP ACT: Funds are budgeted and available in the CIP in the following
accounts for the Wanda Road Rehabilitation project:
550-5011-483300-4021
550-5011-483300-4021
550-5011-483300-4021
Capital Projects
AHRP
City of Villa Park
Total Funds
$140,000.00
182,132.00
107.136.00
$429,268.00
3.12 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Chris A. Cruz
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.13 Award of Contract - Bid No. 012-52; Well No.8 Pump and Motor Repair.
(A2100.0 AGR-4061)
SUMMARY: Well No.8 is located at the southeast corner of Katella and Struck
A venues. This contract authorizes the contractor to recondition the existing pump and
replace the motor and cable.
ACTION: Awarded a contract in the amount of $44,563.60 to General Pump Company,
159 N. Acacia St., San Dimas, CA 91773 and authorized the Mayor and the City Clerk to
execute on behalf of the City.
FISCAL IMP ACT: Funding for this project is budgeted and available in the following
account:
600-8011-424101
$44,563.60
Repairs to Buildings and Equipment
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CITY COUNCIL MINUTES
July 23, 2002
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
(REMOVED AND HEARD SEPARATELY)
3.14 RESOLUTION NO. 9633 (C2500.1.1)
A Resolution of the City Council of the City of Orange honoring William R. "Bill"
Warne for six years of dedicated service on the Orange Public Library Board of Trustees.
Note: See Item No. 1.4 for Council votes.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.15 RESOLUTION NO. 9639 (A4000.0 APP-487)
TAPE 1700
A Resolution of the City Council of the City of Orange upholding Appeal No. 487
approving Major Site Plan Review 206-01 for the construction of three new dormitory
units and multi-level parking structure located on the Chapman University Campus.
Appellant: Chapman University
Discussion
Councilmember Coontz noted the importance of Resolutions reflecting the specific
actions taken at hearings. She had asked that this Resolution be amended to more
accurately reflect the actions taken previously with regard to the parking structure height
and landscape plans. She also noted the importance of making motions more specific so
they address all concerns and requested the assistance from staff in making motions if
they are not definitive enough, so that when a Resolution is drawn up, there is no
question as to its accuracy.
The Assistant City Attorney explained the original Resolution did not make specific
enough reference to the plans approved by Council at the public hearing on June 25th, and
an amended Resolution was prepared and presented to Council to address those issues.
Councilmember Cavecche pointed out the Resolution makes reference to a landscape
plan dated June 12th, but the landscape plan was changed and presented to the Council on
June 25th.
It was recommended to strike all references to June 12'h or 13th in the Resolution.
Mayor Murphy suggested that in the future, if substantive changes are made to a
document, the Council be provided with a copy of the changes highlighted, so they know
what changes were made.
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CITY COUNCIL MINUTES
July 23, 2002
3. CONSENT CALENDAR (Continued)
MOTION - Coontz
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Resolution No. 9639 with the changes that were requested by the
Council at the advice of the City Attorney.
TIME EXTENSION
3.16 Request for a one-year-time extension for the approval of Conditional Use Permit
2306-99 and Variance 2078-99 - North Orange Christian Church.
(C3300.0 CUP 2306-99)
Note: Councilmember Cavecche abstained as she was not a member of the Council when
this Conditional Use Permit was originally approved and due to a shortage of time was
not able to review the file.
SUMMARY: On June 13, 2000 the City Council approved Conditional Use Permit
2306-99 and Variance 2078-99, which allowed for the expansion of an existing church
facility with the use of tandem parking spaces, upon property located at 1001 E. Lincoln
Avenue.
ACTION: Approved a one-year time extension for the approvals for Conditional Use
Permit 2306-99 and Variance 2078-99.
FISCAL IMPACT: The request for the time extension has no impact on the City's
budget. Implementation of the project will result in the applicant paying all applicable
fees related to site development as part of the issuance of grading and building permits.
MOTION - Slater
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Items 3.7, 3.14 and 3.15 were removed and heard separately. Mayor Murphy abstained
on Item 3.7. Councilmember Cavecche abstained on Item 3.16. All other items on the
Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR MURPHY - None.
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CITY COUNCIL MINUTES
July 23, 2002
5.
REPORTS FROM COUNCILMEMBERS
TAPE 2080
5.1 Mayor pro tern Alvarez - Formation of a Committee to commemorate the one year
anniversary of September 11 tho
Mayor pro tem Alvarez submitted a written outline of ideas for a September 11 th Day of
Remembrance. He suggested this be a volunteer event whereby the public is invited to the Plaza
for a respectful remembrance with songs, prayers and a moment of silence.
It was noted the Plaza would not be closed for this event and that it should be a solemn and
respectful event.
TAPE 2200
5.2 Councilmember Coontz and Councilmember Slater - Veterans Day Memorial
Celebration
Councilmember Coontz reported the City was invited by the American Legion to participate in a
Veterans Day memorial celebration. She and Councilmember Slater have not met with the
Legion to discuss the specific events of this celebration, but will do so and report back at a later
date. She noted the importance of publicizing this event and that the Community Services
Department will help in the planning ofthe event.
The Council discussed the level of participation by the City and the Community Services
Department and the importance of having the Veterans Day Memorial Celebration remain as an
annual City event.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7.
ADMINISTRATIVE REPORTS
TAPE 2490
7.1 Report from Public Works Director on proposed League of California Cities
Resolution 1-02, related to Urban Runoff. (R1800.0.12)
The Public Works Director reported staff was asked by Councilmember Cavecche to report back
on a Resolution which has been submitted by the City of Rancho Santa Margarita to the Orange
County Division of the League of California Cities, which will be acted upon by a League
Committee on August 8th and then presented to the full League in October.
In reviewing the proposed Resolution, there is one area of disagreement, which is to base permit
boundaries on political boundaries rather than on the hydrological areas that are currently used as
the boundaries for the permits. There are nine regional boards created by the State which
correspond with those hydrologic areas, and it makes sense to handle things in that fashion.
Therefore, staffrecommends supporting this Resolution ifit is amended to reflect these boundary
changes.
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CITY COUNCIL MINUTES
July 23, 2002
7. ADMINISTRATIVE REPORTS (Continued)
Councilmember Cavecche stated the League is voting on this Resolution on August 8th. The
Public Works Department has taken a lead in this issue, and she wanted their input so that the
City could make an educated vote on this. She agreed with the Public Works Director's
recommendation that the regional water boards should be split on water sheds and not political
boundaries, as it is also done this way according to State legislation.
Councilmember Cavecche suggested a No vote unless it is amended; and asked that a letter be
sent from the Mayor, by July 29th, stating the City's opinion.
Mayor Murphy stated there did not seem to be a lot of choice on the matter and agreed the City
should vote No unless it is amended.
MOTION - Cavecche
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to Receive and File.
8. REPORTS FROM CITY MANAGER - None.
9.
LEGAL AFFAIRS
TAPE 2700
9.1 ORDINANCE NO. 10-02 (FIRST READING) (A2500.0 Parks, Commission)
An Ordinance of the City Council of the City of Orange amending Sections 2.60.050 and
10.06.040 of the Orange Municipal Code relating to fixing the dates and times for meetings of
the Park Planning and Development Commission and the City Traffic Commission by
Resolution of the City Council.
MOTION - Alvarez
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 10-02 be read by title only and same was set for second reading by
the preceding vote.
9.2 RESOLUTION NO. 9640
A Resolution of the City Council of the City of Orange fixing the dates and times for meetings of
the Park Planning and Development Commission and the City Traffic Commission.
MOTION - Alvarez
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Resolution No. 9640.
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CITY COUNCIL MINUTES
July 23, 2002
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 6:00 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) Chris Kuhlman, a minor, by and through his Guardian Ad Litem, Dana Kuhlman v. City
of Orange, et aI., Orange County Superior Court Case No. 02CCOII92
b. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any ofthe matters will not be considered in Closed Session.
12. ADJOURNMENT
MOTION - Coontz
SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
The City Council adjourned at 6:16 p.m.
rJ:u"'<<~1i{'p---A~ad
ASSJI.NDRA J. THCART, CMC
CITY CLERK
tlftRK :1!u;jf
MAYOR
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