9/24/2002 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON OCTOBER 8 2002
,
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING September 24, 2002
The City Council of the City of Orange, California convened on September 24,2002 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 Dr. Allan Stark, Orange North Rotary Club
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Cavecche
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS
Employee Service Awards presented:
Victoria Beatley - City Treasurer; Monica Vazquez - Personnel; Ladenna Menke -
Police (not present); Douglas Keys - Public Works; Kenneth Adams - Police; Derek
Cook _ Police; Robert Austin - Water; Richard Hurtado - Water; Ray Baxter - Police;
William Kralich - Water; Art Romo - Police.
Recognition was given to Teen Volunteers for their outstanding service to the Orange
Public Library during the annual Summer Reading Club.
Mayor Murphy announced the newly remodeled Taft Library will re-open Saturday,
October 5th, with a dedication and ribbon cutting ceremony at noon.
Mayor Murphy announced a wood bench commissioned from the 105 year old fallen
Ficus tree on East Chapman is complete and will be placed in the Main Library to
commemorate the Flippen Family Ficus Tree.
Councilmember Coontz announced the September 22nd Race for the Cure. She
introduced some of the 28 walkers who represented the City of Orange who raised $2,000
for breast cancer research and education. It was also noted there are City teams forming
for the Alzheimer Walk on October 5th and the Heart and Sole Walk on October 27th.
An energy update was presented by Mr. Eddie Marquez, Region Manager, Public Affairs,
Southern California Edison. In response to questions by Councilmember Slater, he noted
the structure of the energy companies should not change in the future and will remain
deregulated.
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CITY COUNCIL MINUTES
September 24, 2002
2. PUBLIC COMMENTS
The following people spoke against the current Recreational Vehicle Ordinance, asking
for modifications to the Ordinance:
Ken Klein, 543 S. Shasta Way
Mil Thornton, 1243 E. Trenton
Stephen Heilman, 1429 E. Oakmont
Lois Barke, address on file
Karen Finn, 1029 W. Sycamore
Mayor Murphy announced he has agendized a discussion on the Recreational Vehicle
Ordinance for the October 8th Conncil meeting at the 4:30 p.m. Session, in order to make
recommendations and propose a redraft of the current Ordinance. This would be sent to
the Planning Commission with recommendations and ultimately return to the Council for
a public hearing.
Councilmember Coontz stated there are problems with the Ordinance, which was adopted
as part of the entire Zoning Ordinance; and suggested staff and the City Attorney look at
various Ordinances to correct any conflicts.
Mayor pro tern Alvarez suggested the Planning Commission receive the same
presentation the Council received several months ago, which included pictures of
neighborhoods and how they relate to existing codes.
3.
CONSENT CALENDAR
TAPE 1260
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 Conncil
agenda of a regular meeting of September 24, 2002 at Orange Civic Center, Main
Library at 101 N. Center Street, Police facility at 1107 North Batavia, 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.
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CITY COUNCIL MINUTES
September 24, 2002
3. CONSENT CALENDAR (Continued)
3.2 Request Council Confirmation of warrant registers dated September 5 and 12, 2002.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, September 10, 2002.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
(REMOVED AND HEARD SEPARATELY)
3.5 Receive and file the City Treasurer's Report for the period ending August 31, 2002.
Councilmember Coontz asked for more clarification on the term SWEEP, suggesting
these types of terms be explained more fully for the benefit of the public.
The Finance Director explained this term is connected to the City's checking account;
that when there is an excess balance in a checking account, it is swept into a money
market fund to maximize interest earnings. In response to questions, she further
explained that more money will be put back into LAIF funds, as recent legislation has
made these accounts more secure.
MOTION - Coontz
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION:
Approved.
AGREEMENTS
3.6 Sewer Service Agreement - Request by Allen Denson & Marsha Denson to connect
their property to City of Orange sewer. (A2100.0 AGR-4124)
SUMMARY: Allen Denson & Marsha Denson, owners of residential real property
located at 20291 East Acre Place in an unincorporated area of the County of Orange,
have requested to connect their house sewer lateral to the City sewer main in Acre Place.
They have executed a Sewer Service Agreement with the City of Orange and are
requesting City Council approval.
ACTION: Approved the connection request from Allen Denson & Marsha Denson and
authorized the Mayor and the City Clerk to execute this Sewer Service Agreement on
behalf of the City.
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CITY COUNCIL MINUTES
September 24, 2002
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: None. The property owners will pay all connection fees prior to the
sewer connection.
3.7 2002-03 Animal Control Services Contract with the County of Orange (A2100.0
AGR-0135.0)
SUMMARY: The City of Orange contracts with the County of Orange for animal control
field and shelter services. The term of this annual renewal is July I, 2002 through June
30,2003. The contract amount is $362,675.
ACTION: Approved the proposed contract for animal control services between the City
of Orange and the County of Orange in the amount of $362,675 and authorized the
Mayor and 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 100-4011-427100-2350 (Administration-Contractual Services-Animal
Control).
BIDS
3.8 Request authorization to advertise the purchase and installation of fifty (50)
uninterrupted power service (UPS) devices for traffic signals also known as battery
backup systems (BBS). (S4000.S.3.3)
SUMMARY: In anticipation of emergency and random electrical power outages, staff
has identified 50 intersections for UPS/BBS installation. The installation of UPS/BBS
units will provide for full traffic signal operation during blackout conditions, thus
improving safety and enhanced traffic flow. In order to implement such a system, 50
specially designed cabinets, housing both the UPS/BBS unit and batteries must be
purchased and installed.
ACTION: Approved the specifications and authorized advertising of bids.
FISCAL IMPACT: I) Funds for this project are available utilizing TSIP Area B funds in
the Uninterruptible Power Supply Account No. 284-5032-483100-6466 in the amount of
$125,000.00; and 2) The City applied for and was approved to receive $129,640.00
funding through The Battery Backup Systems (BBS) Funding Program administered by
the California Energy Commission. $125,000 of funding is budgeted for this project.
$129,640 of grant funding will be appropriated at time of award of contract.
CONTRACTS
3.9 Award of Contract - Bid No. 012-55 - Wanda Road Rehabilitation from Katella
Avenue to Santiago Boulevard (SP-3376). (A2100.0 AGR-4125)
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CITY COUNCIL MINUTES
September 24, 2002
3. CONSENT CALENDAR (Continued)
SUMMARY: The bids were opened on September 6,2002. Nine (9) bidders responded
to the invitation for bids. The apparent low bidder is Ruiz Engineering Company of Long
Beach for $175,586.50. The Engineer's Estimate is $221,398.00, which is 20.69% higher
than low bid.
ACTION: Awarded the contract in the amount of $175,586.50 to Ruiz Engineering
Company, 1344 Temple Avenue, Long Beach, CA 90804 and authorized the Mayor and
City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are available in Fiscal Year 2002/2003 Capital Improvement
Project in the following accounts:
500-5011-483300-4021
550-5011-483300-4021
550-5011-483300-4021
Capital Proj ects
AHRP
Villa Park
$140,000
$182,132
$107.136
$429,268
Total
(REMOVED AND HEARD SEPARATELY)
3.10 Contract Change Order No.1; Bid No.
Community Park. (A2100.0 AGR-3965)
TAPE 1365
012-27; Project No. SP-3373, Grijalva
SUMMARY: Contract Change Order No. I authorizes payment for extra work at agreed
prices. The amount of Contract Change Order No.1 is $152,980.71.
Discussion
Mayor pro tern Alvarez expressed concern about the amount of the proposed change
order and asked about the item in the change order which adds a sports equipment storage
facility. He asked to see the plans for this storage facility as he was concerned about the
design and its proximity to surrounding neighborhoods. He did not want a repeat of the
problems at the McPherson Athletic Field with the snack bar which is close to the
neighboring homes.
The Community Services Director explained this storage facility was part of the original
alternative bid package and will be used to store equipment for the youth sports teams. It
is a block structure with no roof and will not be adjacent to any neighborhood.
Councilmember Coontz confirmed that the cultured stone outlined in the change order
was an upgrade and the amount is within the limits established for change orders.
Councilmember Slater stated that because this structure was designed by the original
architect to be aesthetically pleasing, will not be near any homes and has no roof, he was
in support of the change order.
The discussion was continued for a few minutes in order for staff to obtain the plans for
the Council to review.
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CITY COUNCIL MINUTES
September 24, 2002
3. CONSENT CALENDAR (Continued)
TAPE 2040
Staff provided the plans, and reported the storage facility will be on the west side of the
property, approximately 150 feet from any neighborhood. The stone enclosure will
provide a fayade for a metal storage bin and will also help prevent vandalism. The
facility will be 9-1/2 feet high, 25 feet wide and 34 feet deep, with no roof.
Councilmember Coontz asked about any potential conflict of interest for Mayor pro tern
Alvarez who lives in the area.
The City Attorney stated that Mayor pro tern Alvarez believes he lives further than 500
feet from this area, and therefore, would not pose a conflict of interest.
MOTION - Alvarez
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved Contract Change Order No. I in the amount of $152,980.71 to
Consolidated Construction Services, Inc. for the extra work.
FISCAL IMPACT: Funds are budgeted or are available in the following account:
510-7021-485100-0149 $152,980.71 (Grijalva Community Park)
PURCHASES
3.11 Approval of purchase of wireless CDPD (Cellular Digital Packet Data) modems
from Leap Communications, installation of modems by L & E Mobile Mounts, and
monthly network access from AT&T. (C2500.K)
SUMMARY: The Police Department is currently using a 9600 baud RF wireless data
service for its data communications to the patrol cars. The service is currently provided
by the City of Brea. Recent testing proved that CDPD far exceeds current mobile data
service performance standards with the average time between message and receipt of
message at less than 3 seconds. It is the department's intention to immediately move
toward CDPD for provision of reliable data transmission to field personnel.
ACTION: Approved purchase of modems from Leap Communications in the amount of
$42,510; installation of modems by L & E Mobile Mounts in the amount of$5,000; and
annual network access from AT&T in the amount of$23,520.
FISCAL IMPACT: $71,030 will be available in the following accounts:
$13,090
$15,430
$42,510
355-4011-427800 (Federal Asset Forfeiture-Other Contractual Services)
100-4011-427800 (General Fund-Other Contractual Services)
355-4011-471301 (Federal Asset Forfeiture-Equipment)
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CITY COUNCIL MINUTES
September 24, 2002
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.12 RESOLUTION NO. 9656 (S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing Olive Street
from Chapman Ave. to Almond Ave. from 6:00 A.M. to 3:00 P.M. on Saturday, October
5, 2002 for a special event at the Orange Senior Center.
Motorcycle Rally
ACTION: Approved.
3.13 RESOLUTION NO. 9657 (A2100.0 AGR-4126)
A Resolution of the City Council of the City of Orange Amending Resolution No. 9562
Relating to a Retiree Health Savings Plan for the Executive Directors and Top
Management Employees.
ACTION: Approved.
3.14 RESOLUTION NO. 9660 (A2100.0 AGR-4126)
A Resolution of the City Council of the City of Orange Establishing a Retiree Health
Savings Plan.
ACTION: Approved.
3.15 RESOLUTION NO. 9658 (C2500.M)
A Resolution of the City Council of the City of Orange approving the application for
grant funds for Fiscal Year 2002-03 under the Habitat Conservation Fund Program of the
California Wildlife Protection Act of 1990 for the restoration of the natural habitat along
a portion of Santiago Creek from the boundary between the cities of Santa Ana and
Orange to Cambridge Street.
ACTION: Approved.
3.16 RESOLUTION NO. 9659 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2002-10 combining three parcels of certain real property situated at 1934-2003 East
Locust Avenue in the City of Orange, County of Orange, State of California.
Owner: Courtyard Apartments, LLC
ACTION: Approved.
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CITY COUNCIL MINUTES
September 24, 2002
3. CONSENT CALENDAR (Continued)
TRACT MAP
3.17 Tract Map No. 16218 - Request for approval. (T4000.0 TRM 16218)
SUMMARY: Tract Map No. 16218 creates a 2l-lot single family Planned Unit
Development at 1740 East Bolingridge Drive.
ACTION: Approved the Final Tract Map No. 16218, and accepted dedications of the
water and sewer systems in easements as shown on the Tract Map.
FISCAL IMPACT: None.
3.18 Serrano Heights Park Conceptual Site Plan (C2500.M.4.21)
SUMMARY: The City has approved the tentative tract map for the residential
development in Serrano Heights that included a four-acre neighborhood park. The
developer, Sun-Cal, retained a Landscape Architectural firm to prepare design and
construction documents for the park. The Park Planning and Development Commission
has reviewed the design and given input to the park design. On July 11, 2002, the
Commission recommended approval of the final site plan to the City Council.
ACTION: Approved the Final Site Plan for Serrano Heights Park.
FISCAL IMPACT: The Serrano Heights Community Facilities District No. 91-2 will
fund the cost of design, engineering and construction.
MOTION - Alvarez
SECOND - Coontz
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Items 3.5 and 3.10 were removed and considered separately. All other items on the
Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR MURPHY - None.
5.
REPORTS FROM COUNCILMEMBERS
TAPE 1600
5.1 Councilmember Cavecche - Vector Control- Report on West Nile Virus
Councilmember Cavecche reported there has been a diagnosed case of the West Nile Virus in
Los Angeles, and residents do need to be aware of potential problems. Standing water can attract
mosquitoes and needs to be taken care of. Residents can contact the Orange County Vector
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CITY COUNCIL MINUTES
September 24, 2002
5. REPORTS FROM COUNCILMEMBERS (Continued)
Control who will treat standing water and also provide mosquito eating fish, if necessary. She
also noted the problems with horses in the Orange Park Acres area.
5.2 Mayor pro tern Alvarez - Report on recent visit to Orange's Sister City, Orange,
New South Wales, Australia.
Mayor pro tern Alvarez reported on his recent visit to Orange, Australia, noting the parallels
between the two cities. He presented gifts from Australia to John Burkhardt, President of the
Sister City Organization, which included a map of Orange, Australia's original square mile, a
history book, a magazine and a large plate, as Orange Australia is known for its pottery.
Mr. John Burkhardt, President, Sister City Organization, briefly reported on their recent trip,
noting that Orange, Australia has extended an invitation to Councilmembers, employees and
citizens to visit Australia next year for an anniversary celebration of the relationship between the
two Orange cities.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS - None.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS - None.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:50 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel - Anticipated Litigation. Significant exposure to litigation
pursuant to Subdivision (b) of Section 54956.9: One potential case relating to the Lincoln Club's
challenge to City's campaign ordinance.
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 of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12.
PUBLIC COMMENTS
TAPE 2260
Jeannine Lawrie, 2512 Shady Forest, speaking on behalf of the Orange Dog Park Association,
asked for support of a dog park at Yorba Park.
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CITY COUNCIL MINUTES
September 24, 2002
12. PUBLIC COMMENTS (Continued)
Lois Barke, 2022 Spruce, spoke in support of redrafting the Recreational Vehicle Ordinance,
noting this item has been agendized for the October 8th Council meeting at the 4:30 Session.
The following people spoke on the noise and traffic problems on East Chapman Avenue. Their
comments included problems associated with noise, traffic volumes and speed; the formation of
the East Chapman Residents Coalition (ECRC); the noise study initiated by the City; safety
concerns with ingress and egress onto Chapman; safety of using horse trails; motorcycle riders;
the need for a sound wall; and the need for the City, County, The Irvine Company and local
residents to work together on these problems.
Bobbie Bloecher, 20132 E. Chapman - submitted petition containing approximately 59 names
Joy McCormack, 20162 E. Chapman
Don Gillespie, 20031 E. Chapman
Fran Klovstad, 20131 E. Chapman
Marita Liebesman, 7318 Cambria Circle
Cathy Crair, 7117 Brighton Circle
Laurie Marine, 1290 Orange Park Boulevard
Mark Sandford, address on file
13.
PUBLIC HEARINGS
TAPE 2970
13.1 JOINT PUBLIC HEARING WITH THE REDEVELOPMENT AGENCY
PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF ORANGE, THE REDEVELOPMENT AGENCY AND THE ORANGE
HOUSING DEVELOPMENT CORPORATION - SENIOR HOUSING PROJECT
(RA2100.0 AGR-4123)
Time set for a joint public hearing with the Redevelopment Agency to consider a proposed
Disposition and Development Agreement between the City of Orange, the Redevelopment
Agency and the Orange Housing Development Corporation for the development of a six-unit
affordable senior housing project, upon property located north of La Veta Avenue between Olive
Street and Lemon Street.
(See ORA Minutes Item No. 11.1)
The Economic Development Director summarized the report, indicating an additional
appropriation is needed because recent legislation now requires that any affordable housing
project which uses HOME money must pay Davis Bacon wages, which are higher than the fair
market in Orange County.
MAYOR MURPHY OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING
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CITY COUNCIL MINUTES
September 24, 2002
13. PUBLIC HEARINGS (Continued)
Councilmember Slater spoke in support of this project as he and Mayor pro tern Alvarez are
heavily involved with the project through their Rotary Club. He also commented on the
excessive costs caused by the Davis Bacon Act.
Council Action
RESOLUTION NO. 9654
A Resolution of the City Council of the City of Orange approving a Disposition and
Development Agreement by and among the City of Orange, the Orange Redevelopment Agency
and Orange Housing Development Corporation regarding property located north of La Veta
Avenue between Olive Street and Lemon Street and making certain findings.
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Resolution No. 9654.
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to appropriate an additional $113,176 in Housing Set-Aside funds to Account No. 941-
9800-485701-9205 (Housing Set-Aside Development Loan) for the project [Agency].
MOTION - Slater
SECOND - Alvarez
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to commit an additional $127,824 in federal HOME Investment Partnership Act funds as
available Capital Outlay Development Funds in Account No. 317-9660-485100-1250 for the
project and transfer to Account No. 317-9660-485802-9205 (HOME Development Grant)
[City].
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
The City Council adjourned at 7:34 p.m.
t;~c~
E.MURP Y
DEPUTY CITY CLERK
1JJj) ;J!A~HY
MAY
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