3/25/2003 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON APRIL 8, 2003
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING March 25, 2003
The City Council of the City of Orange, California convened on March 25, 2003 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 David Daniel, Calvary Chapel
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Girl Scouts of Orange
1.3 ROLL CALL
PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Proclamation honoring Girl Scout Week, March 9-15, 2003, was presented to Jamie
Fingal, Association Chair of Orange Association of Girl Scouts.
Certificate of Appreciation to Ricoh Electronics for their involvement in the restoration
of Santiago Creek was presented to Kim Kline, Manager, Corporate Communications and
External Affairs. A Certificate of Appreciation was also presented to Ricoh Corporation
[rom the Santiago Creek Greenway Alliance.
Resolution No. 9705 was presented to Mark Paone, expressing appreciation for his years
of dedicated service on the Design Review Committee.
Proclamation honoring Orange County Reads One Book, March 23 - April 12, 2003; was
presented to Charlene Baldwin, Chapman University; Alice Ho, Santiago Canyon
College; and Nora Jacob, City of Orange.
The following employees received Service Awards:
Dennis Gomez - Police; Chuck Glass - Public Works; Yolanda Moreno - Library
2. PUBLIC COMMENTS - None.
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CITY COUNCIL MINUTES
March 25, 2003
3.
CONSENT CALENDAR
TAPE 750
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 March 25, 2003 at Orange Civic Ceuter, 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.
3.2 Request Council Confirmation of warrant registers dated March 6 and 13, 2003.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, March 11,2003.
ACTION:
Approved.
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 February 28,
2003.
ACTION:
BIDS
Received and File.
3.6 Approve specifications and authorize advertising for bids for the annual Asphalt
Replacement contract at various locations for fiscal year 2003-04. (S4000.S.7)
SUMMARY: Specifications have been completed for the annual Asphalt Replacement
Contract at various locations. The project is ready to be advertised for bids. The
Engineer's estimated construction cost is $220,000.00.
ACTION: Approved specifications and authorized advertising for bids for the Annual
Asphalt Replacement Contract.
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CITY COUNCIL MINUTES
March 25, 2003
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: No funding is requested from current year 2002-2003 budget.
Funding at time of award will be requested from fiscal year 2003-2004 budget Account
No. 600-8041-474501, Transmission and Distribution Mains.
3.7 Project No. SP-3434; CDBG Project - Americans with Disabilities Act (ADA)
Wheelchair Access Ramps at Various Locations 2002-03. Approval of plans and
specifications, and request for authorization to advertise for bids. (S4000.S.3.2)
SUMMARY: Plans and specifications have been completed for the ADA Wheelchair
Access Ramps at Various Locations 2002-03 project and they are ready to advertise for
bids. The estimated construction cost is $138,000.
ACTION: Approved plans and specifications and authorized advertising for bids for the
CDBG ADA Wheelchair Access Ramps at Various Locations 2002-2003.
FISCAL IMP ACT: Funds are budgeted and are available in the Capital hnprovement
Program in the following account: Community Development Block Grant (CDBG) _
ADA hnprovements 310-9645-483300-1328 $ 150,000
3.8 Project No. SP-3435; Slurry Seal at Various Locations 2002-03. Approval of plans
and specifications, and request for authorization to advertise for bids. (S4000.S.7)
SUMMARY: Plans and specifications have been completed for the annual street
maintenance slurry seal at various residential streets and parking facilities. The project is
ready to be advertised for bids. The estimated construction cost is $650,000.
ACTION: Approved plans and specifications and authorized advertising for bids for the
Slurry Seal at Various Locations 2002-03.
FISCAL IMPACT: Funds are budgeted in the Capital hnprovement Program and are
available in the following accounts:
262-5021-483300-3120 $500,000
500-5021-481105-4997 $195,000
Local Street Maintenance
Municipal Parking Lot Maintenance
3.9 CLAIMS (C3200.0)
SUMMARY: The following claim(s) have been received and investigated by the City
Attorney's Office and/or the Risk Manager. After a thorough investigation with the
involved departments, it is the recommendation of the City Attorney's Office that the
claim(s) be denied.
a. Robert Blackstone
b. Jeremy Briggs
c. Phil Glasgow
d. Lenard R. Horton
e. Robert J. Hutchison
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March 25, 2003
3. CONSENT CALENDAR (Continued)
f. Brent Omeste
g. Abraham Segovia (removed)
ACTION: Removed Item g and denied Claim(s) for damages, as corrected with the
deletion of (g), and referred to City Attomey and Adjuster.
CONTRACTS
3.10 Final Acceptance of Bid 012-27; SP-3373; Grijalva Community Park Project, and
authorization to file Notice of Completion with the County Recorder (No staff
report required). (Continued from March 11,2003)
SUMMARY: Bid 012-27; SP-3373; Grijalva Community Park Project. Contractor:
Consolidated Contracting Services, Inc. Staff recommends acceptance of improvements.
ACTION: Accepted public work improvement, authorized release of American Casualty
Company of Reading, Pennsylvania, Bond No. 929236806 in the amount of
$2,476,212.00, and authorized the Mayor and City Clerk to execute the Notice of
Completion.
FISCAL IMPACT: None.
3.11 Contract Change Orders No.1, 2 and 3 to Bid No. 012-52, Well No.8 Pump and
Motor Repair. (A2100.0 AGR-4061)
SUMMARY: Contract Change Orders No.1, 2 and 3 authorize payment for extra work
at agreed prices. The total amount of the change orders is $34,981.00.
ACTION: Approved Contract Change Orders No.1, 2 and 3 in the amount of
$34,981.00 toGeneral Pump Company for extra work.
FISCAL IMPACT: Funding for this project is budgeted and available as follows:
Account No. 600-8011-425100 $34,981.00 Maintenance of Wells
3.12 Final Acceptance of Bid No. 012-52; Well No.8 Pump and Motor Repair, and
authorization to file Notice of Completion with the County Recorder (No staff
report required).
SUMMARY: Bid No. 012-52, Well No. 8 Pump and Motor Repair. Contractor:
General Pump Company. Staffrecommends acceptance of improve men Is.
ACTION: Accepted public work improvement, authorized release of Travelers Casualty
and Surety Company of America, of Connecticul, Bond No. 103849598 in the amounl of
$44,563.60, and authorized the Mayor and City Clerk to execute the Notice of
Completion.
FISCAL IMP ACT: None.
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CITY COUNCIL MINUTES
March 25, 2003
3. CONSENT CALENDAR (Continued)
3.13 Contract Change Order No. 2 to Pacific Tank & Construction, Inc. for the
construction of City of Orange Water Reservoir No. lOA, Bid No. 001-02, W-593.
(A2100.0 AGR-3641)
SUMMARY: In 2000, the City entered into a contract with Pacific Tank & Construction,
Inc. for the construction of City of Orange Water Reservoir No. lOA located in East
Orange. Additional landscaping work is requested by the developer to complete the
project.
ACTION: 1) Appropriated $41,000 from Water Capital Fund 601 Unappropriated
Reserves into Account No. 601-8041-484201-8318; 2)Amended the revenue budget,
Account No. 601-8041-292100-8318, to reflect the receipt of $40,000 from SunCal
Companies; 3) Approved Contract Change Order No.2 in the amount of $40,942.89 to
Pacific Tank & Construction, Inc. for additional work.
FISCAL IMPACT: The SunCal Companies have paid the City of Orange $40,000.00
toward this work. Upon appropriation sufficient funds will be available in the Reservoir
No. lOA Account No. 601-8041-484201-8318.
FUND TRANSFER
3.14 Fund Transfer for Santiago Canyon College Soccer Field Lighting. (C2500.N)
SUMMARY: The City completed the field lighting project at Santiago College in June,
2002. As part of the project, the project required Division of State Architect (DSA)
approved inspection services and support for which the Rancho Santiago Community
College District, on behalf of the City, obtained the inspection services and absorbed the
costs. The City agreed to reimburse the College District for the inspection costs in the
amount of$12,175. Since no funding exists in the project account for the light project, a
fund transfer in the amount of$12,175 from the Belmont Park Improvements to the Field
Lighting/Santiago College account is requested.
ACTION: Transferred an appropriation of funds allocated to the Park Acquisition and
Development Fund, Account No. 510-7021-485100-0750 (Belmont Park Improvements)
in the amount of $12,175, to Account No. 510-7021-485100-9996 (Field
Lighting/Santiago College).
FISCAL IMP ACT: No fiscal impact. After the fund transfer is executed, there will be
sufficient funds to pay for this project in the proper accounts after the appropriate journal
entries are processed.
PURCHASE
3.15 Purchase of a Portable Emergency Power Generator through a cooperative
purchasing agreement. (C2500.M)
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3. CONSENT CALENDAR (Continued)
SUMMARY: The proposed Trailer Mounted Emergency Power Generator will have the
capability to independently supply temporary emergency power for extended periods of
time to City water wells, pump stations and other municipal facilities. The unit can be
relocated on short notice to critical areas of need.
ACTION: Authorized purchase of a Portable Emergency Power Generator from
Generator Services Company, Upland, CA., in the amount of $91,070.60 through a
cooperative purchasing agreement.
FISCAL IMPACT: Sufficient funds in the amount of $100,000 are budgeted and
available in Account No. 601-8041-484201-8925, Emergency Generator.
3.16 Purchase of 3 Thermal Imaging Cameras on a sole source basis. (C2500.H)
SUMMARY: This is a request that the City Council authorize purchase of 3 Thermal
Imaging Cameras on a sole source basis in the amount of$31,516.88. When researching
sources for the thermal imager, the Fire Department found that ISG Thermal Systems
USA, Inc. is the sole source provider in the Southern California region. Therefore, ISG
Thermal Systems USA, Inc. is the only available source for the thermal imager, which
justifies the sole source acquisition.
ACTION: Authorized purchase of 3 Thermal Imaging Cameras from ISG Thermal
Systems USA, Inc. in the amount of$31,516.88.
FISCAL IMPACT: Sufficient funds will be available in Account No. 100-3021-471301-
2522.
RESOLUTIONS
3.17 RESOLUTION NO. 9706 (C2500.H)
A Resolution of the City Council of the City of Orange expressing appreciation to
Richard Alarcon of the City of Orange Fire Department and commending him for twenty-
nine years of loyal and dedicated service.
(Continued from March 11,2003)
ACTION: Approved as corrected.
3.18 RESOLUTION NO. 9707 (C2500.H)
A Resolution of the City Council of the City of Orange expressing appreciation to Mike
Chenier of the City of Orange Fire Department and commending him for thirty-one years
ofloyal and dedicated service.
(Continued from March 11, 2003)
ACTION: Approved as corrected.
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CITY COUNCIL MINUTES
March 25, 2003
3. CONSENT CALENDAR (Continued)
3.19 RESOLUTION NO. 9708 (C2500.H)
A Resoiution of the City Council of the City of Orange expressing appreciation to John
Jordan of the City of Orange Fire Department and commending him for more than
twenty-four years ofloyal and dedicated service.
(Continued from March 11,2003)
ACTION: Approved as corrected.
3.20 RESOLUTION NO. 9709 (C2500.H)
A Resolution of the City Council of the City of Orange expressing appreciation to Doug
Mochizuki of the City of Orange Fire Department and commending him for thirty years
ofloyal and dedicated service.
ACTION: Approved as corrected.
3.21 RESOLUTION NO. 9710 (C2500.H)
A Resolution of the City Council of the City of Orange expressing appreciation to Tom
Thies of the City of Orange Fire Department and commending him for thirty-four years
ofloyal and dedicated service.
(Continued from March 11,2003)
ACTION: Approved as corrected.
3.22 RESOLUTION NO. 9711 (C2500.H)
A Resolution of the City Council of the City of Orange expressing appreciation to Ralph
Ybarra of the City of Orange Fire Department and commending him for twenty-nine
years ofloyal and dedicated service.
(Continued from March 11,2003)
ACTION: Approved as corrected.
3.23 RESOLUTION NO. 9716 (C2500.J.4.1)
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 employees covered by the Orange Management Association Memorandum of
Understanding.
ACTION: Approved. Benefit is effective June 29, 2003.
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CITY COUNCIL MINUTES
March 25, 2003
3. CONSENT CALENDAR (Continued)
3.24 RESOLUTION NO. 9717 (C2500.J.4.6)
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. 9562 and amendments thereto.
ACTION: Approved.
3.25 RESOLUTION NO. 9718 (C2500.J.4.6)
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. Benefit is effective June 29, 2003.
MOTION - Alvarez
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Item 3.9(g) was removed. Items 3.17 through 3.22 were approved as corrected. All other
items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR MURPHY - None.
5.
REPORTS FROM COUNCIL MEMBERS
TAPE 770
Off Agenda Item
Councilmember Coontz reported that on Councilmember Alvarez's web site there is mention of
assistance from a County Supervisor in finding a location for a dog park. She expressed concern
that the public knew about this, but the Council had not been made aware of it; and suggested the
County Supervisor should also have been made aware this information was on a website and he
should have been asked for his permission to do this. Various locations have been discussed for
a dog park, but there is nothing definite. Councilmember Coontz asked the City Manager to
report back on the various locations that are being looked at.
The City Manager reported staff is reviewing and evaluating all potential dog park sites that
have been suggested and will provide a report back to the Council at a later date.
Councilmember Alvarez stated this website is his personal website which he pays for with his
own money; and he is just trying to get information out to the public. This information was
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CITY COUNCIL MINUTES
March 25, 2003
5. REPORTS FROM COUNCIL MEMBERS (Continued)
based on discussions he has had with other Councilmembers and is work that is being done at the
stafflevel.
Mayor pro tern Cavecche apologized for not contacting the Council with an update on the work
that is being done behind the scenes on this issue. In exploring various ideas, and in trying to
find a solution to an ongoing issue, she had called the Supervisor's office for assistance. This is
at the beginning stages of exploring these sites.
Councilmember Ambriz also expressed concern about this information being on a website, as he
has been trying to obtain information on the chronology of events on the proposed dog park. He
noted the video tape of the first meeting about the dog park several years was no longer
available, and suggested maybe these tapes be kept for a longer period of time.
Mayor Murphy noted there is a great deal of written information available and suggested the
Council allow staff to evaluate all the ideas and opportunities and then report back to the Council
within the next 60 days or so.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7.
ADMINISTRATIVE REPORTS
TAPE 1075
7.1 Report from Public Works Director/City Engineer on Water Rate Financial Plan
and Year Three Adjustment (C2500.P)
SUMMARY: On February 27, 2001, the Council approved a water rate adjustment of 9% for
each of three consecutive years and modification to the financial plan including a rate structure
to resolve existing inequities. The financial plan also included an annual adjustment of up to 6%
for "pass through" costs imposed by outside agencies. The Council requested that prior to
implementing any adjustments in years 2002 and 2003 that Council be given an opportunity to
review current conditions. The Council's desire is to be assured that the rate recommendations
made in February 2001 are still valid. Significant increases in "pass through" costs coupled with
expected increases in city operating costs necessitate implementation of the full "pass through"
adjustment this year in addition to the base rate adjustment. Accordingly, a 15% rate adjustment
effective April I, 2003 is justified.
Discussion
The Public Works Director provided a report. In response to questions from Councilmember
Ambriz, the Public Works Director reported that in comparison with other cities and agencies,
Orange has one of the lowest water rates in the County, even with the recommended increase.
Also, the water rate has two components - a service capacity charge based on the size of the
meter, which is a measure of the demand for service that is placed on the system; and a
commodity rate which is the actual water used, and which recognizes and promotes water
conservation.
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CITY COUNCIL MINUTES
March 25, 2003
7. ADMINISTRATIVE REPORTS (Continued)
Councilmember Coontz clarified the additional 6% in pass-through costs is a result of costs from
outside agencies; and commended the Water Division for a great job especially since they have
had a reduction in staff over the years and an increase in miles of water mains.
Mayor Murphy noted the water service is an enterprise entity, that all funds collected go back
into the system; and is an excellent example of making every dollar count.
Councilmember Alvarez noted there are still some school district sites where the City provides
water at no cost; and given the current budget constraints, this is something that needs to be
carefully looked at; and asked staff to review this.
MOTION - Coontz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz
NOES - Cavecche
ACTION: Authorized implementation of a 15% water rate adjustment effective April I, 2003 in
accordance with the Water Rate Plan adopted by the City Council on February 27,2001.
Mayor pro tern Cavecche stated, for the record, that as she did last year, her No vote simply
reflects that she disagrees with the modeling that was set up for this billing system; and looks
forward to this next year working with the Public Works Department to perhaps come up with a
modeling that she can agree with.
FISCAL IMPACT: Implementation of the new rates will result in total revenues for Year 2003-
2004 as follows:
Water Operating Fund 600
Water Capital Fund 601
Total Revenues
$ 18.88 Million
0.92 Million
$ 19.80 Million
Total operating expenditures are anticipated to be $18.84 million. Within the framework of the
plan presented in the Hilton Farnkopf & Hobson Water Rate Report of February 14, 2001
revenues will essentially match operating expenses for Fiscal Year 2003-2004.
7.2 Report from Public Works Director/City Engineer on various residential traffic
circulation issues. (C2500.S.3)
SUMMARY: The Public Works Department has reviewed traffic circulation issues at three
locations: Palmyra Avenue, Villareal Drive and Cambridge Street.
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CITY COUNCIL MINUTES
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7. ADMINISTRATIVE REPORTS (Continued)
Discussion
The Public Works Director reviewed the traffic issues at the following three locations:
Palmyra Avenue -- Staff had recently met with the McPherson Neighborhood Group about traffic
issues along Palmyra and the use of turn diverters at Prospect and Y orba. This was favorably
received; however, based upon the Residential Neighborhood Traffic Management Plan, there
needs to be a poll of the affected residents which requires a 75% affirmative response. This
polling is left to the members of the neighborhood requesting the information. There would then
be a trial period for the diverter program to evaluate its success.
Villareal Drive -- Staff will continue to review the circumstances of this area to make sure all
traffic devices are in place, especially given the grade and alignment issues on this street.
Cambridge Street. between Walnut and Collins - Staff is continuing to review traffic conditions;
noting this portion of Cambridge is not eligible for participation in the Residential Neighborhood
Traffic Management Plan because it is classified as a secondary arterial highway.
Councilmember Alvarez commended staff on a good meeting with the McPherson
Neighborhood and asked about the petitions.
The Public Works Director stated staff will provide the petitions to the neighborhood, but it is
the neighborhood's responsibility to conduct the poll.
Councilmember Coontz wanted to ensure that the affected geographical area was provided to the
McPherson Neighborhood along with the petition -- both in writing and in map form.
Mayor pro tern Cavecche suggested the Palmyra Avenue traffic issues come directly back to the
Council, and not the City Traffic Commission.
Mayor Murphy agreed the Palmyra Avenue traffic issues should come back to the Council; and
suggested that the actions subsequent to the petitions being completed and accomplishing the
75% requirement, be brought back to Council for final determination.
MOTION - Alvarez
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Receive and file; with the stipulation that the Palmyra Avenue traffic issues be
brought back to the Council for final determination.
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March 25, 2003
7. ADMINISTRATIVE REPORTS (Continued)
Off Al!:enda Item
Councilmember Coontz asked staff to investigate the 45 miles per hour speed limit along Taft
Avenue between Tustin and Glassell, especially with four churches, a public library and two
schools along that street.
TAPE 2075
7.3 Report from the Library Services Director on agreement for Library Bond Act
grant award to expand the Main Library. (A2100.0 AGR-4244)
SUMMARY: The City has been awarded $9,127,700 in a State grant through the California
Reading and Literacy Improvement and Library Construction and Renovation Bond Act of 2000
(Library Bond Act) for expansion of the Main Library. City Council action is now needed to
authorize the Mayor and City Clerk to execute the agreement on behalf of the City.
The Library Director provided a brief report.
MOTION - Murphy
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Authorized the Mayor and City Clerk to execute the agreement on behalf of the City
for Library Bond Act funding in the amount of$9,127,700.
7.4 Award of Consultant Services Agreement to JHTM and Associates for the design
oversight and construction management for the Main Library expansion project. (A2100.0
AGR-4245)
SUMMARY: The subject project was approved for funding under the State Library Bond Act of
2000 in December 2002. This contract authorizes the design oversight consultant to review the
future design and perform construction management during the Main Library construction.
Discussion
The Library Director reviewed the selection process and information on the consultant being
recommended.
Councilmember Alvarez asked about the original plans submitted to the State during the grant
process, the final design plans, and wanted to ensure that the final design compliments the St.
John's Lutheran School building across the street, which is a good example of what he would
like to see in this area.
The Library Director stated those original plans were conceptual only and the next set of plans
will be a final design; and one of the tasks of this proposed consultant will be to develop the RFP
for that final design work and architect selection.
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7. ADMINISTRATIVE REPORTS (Continued)
Councilmember Coontz stated it is important to have an outside construction management
company as in-house construction management does not work. She also expressed concern with
the design of the roof, as she did not want a flat roof which could jeopardize the value of the
library holdings.
Mayor pro tern Cavecche appreciated the additional information provided on the proposed
consultant, as she originally had concerns about the experience of the firm, but is now
comfortable with the selection. She also clarified that the contract amount was lowered from the
original proposal because of a better definition of time required and cost per hour.
Councilmember Ambriz asked about the final contract amount and the negotiations involved in
coming to that final amount.
The City Attorney clarified the criteria under state law for the selection of professionals such as
architects and engineers; whereby cost is the last factor to be considered.
In response to questions by Councilmember Alvarez, the Library Director indicated construction
is scheduled to begin in early 2005 and completed in Fall 2006.
Mr. Sean Donnelly, Project Manager from JHTM, reported they have worked on various County
facilities and have had no complaints from the County.
MOTION -Alvarez
SECOND - Coontz
A YES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Awarded a contract in the amount of $284,533.00 to JHTM and Associates and
authorized the Mayor and City Clerk to execute on behalf of the City.
7.5 Report from the Police Chief on equipment upgrades to 9-1-1 system and purchase
and installation of furniture to accommodate new equipment. (Continued from March 11,
2003)
SUMMARY: The upgrade and enhancements that will be provided by this project is vital to the
handling of 9-1-1 calls received by the City's Public Safety Answering Points (PSAP). It will
prepare the City to address issues involved in the receipt of wireless 9-1-1 calls and allow our
dispatchers to better serve our police department, fire department, and the public in our
community.
NOTE: Staff has requested this item be continued to April 8, 2003 for further study.
MOTION - Cavecche
SECOND - Alvarez
A YES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Continued to April 8, 2003.
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8. REPORTS FROM CITY MANAGER - None.
9.
LEGAL AFFAIRS
TAPE 2940
9.1 ORDINANCE NO. 9-03 (SECOND READING) (A2500.0 Speed Limits)
An Ordinance of the City Council of the City of Orange amending Section 10.14.050 of Chapter
10.14 of the Orange Municipal Code pertaining to speed limits.
Location: Serrano Avenue from Orange Park Blvd. To San Lorenzo/Parkhurst
Serrano Avenue from San Lorenzo/Parkhurst to Kendra Drive
MOTION - Alvarez
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 9-03 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: 13 p.m. to a Closed Session for the following purposes:
a. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Property: 124-145 and 164-180 S. Water Street, Orange, CA
Agency Negotiator: Linda Boone
Negotiation Parties: City of Orange, Orange Redevelopment Agency and Orange County
Fire Authority
Under Negotiation: Price and terms of payment
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.
7:00 P.M. SESSION
TAPE 3030
12. PUBLIC COMMENTS
Mel Vernon, address on file, speaking on behalf of Keep Orange Clean, submitted photographs
ofRVs and a letter summarizing a meeting they had with City staff about RV parking codes.
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12. PUBLIC COMMENTS (Continued)
Leslie Fauquet, address on file, spoke on recent traffic management plan violations at St. Paul's
Lutheran School.
13. PUBLIC HEARINGS
13.1 2003-04 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND
HOME INVESTMENT PARTNERSHIPS ACT PROGRAM, ANNUAL ACTION PLAN:
(A2100.0 AGR-3218.D / 3987.D)
Time set for a public hearing to consider the funding recommendations of the Community
Development Block Grant (CDBG) Program Committee for the City's FY 2003-04 CDBG
Program and HOME Investment Partnerships Act (HOME) Program. CDBG and HOME funds
are allocated annually to the City by the U.S. Department of Housing and Urban Development
(HUD).
Note: Staff requested a continuance of this item to April 8, 2003 in order to answer
additional questions that have arisen.
Councilmember Coontz asked the City Manager to inform the Council about what the questions
were that have been asked.
The City Manager indicated he would share any questions he receives so everybody has the
benefit of knowing what has been asked.
MOTION -- Alvarez
SECOND -- Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to continue to April 8, 2003 at 7:00 p.m..
13.2 EXTENSION OF URGENCY ORDINANCE NO. 5-02, CYBERCAFES: (A25000.0
Internet)
Time set for a public hearing on petition by the City of Orange to consider adoption of Urgency
Ordinance No. 7-03, extending Urgency Ordinance No. 5-02, adopted by the City Council on
April 23, 2002 as an urgency measure prohibiting the establishment of new cybercafes.
Staff Report
The Community Development Director reported staff is currently reviewing standards for
cybercafes, looking at ordinances in other cities and the recent legal challenges to those
ordinances. Additional time is needed to complete this review. In the best case scenario, the
PAGE1S
CITY COUNCIL MINUTES
March 25, 2003
13. PUBLIC HEARINGS (Continued)
Ordinance will be ready for Council review in late May early June. If modifications are
required, then that time schedule will be pushed back a month or two. If the new Ordinance is
approved prior to the six month extension, the new Ordinance would supercede any existing
guidelines.
Mayor pro tern Cavecche expressed concern that this is the last time Council can extend the
moratorium and suggested it be extended for the maximum time allowed, which is 10 months, 45
days, to give staff enough time to do the Ordinance correctly and have it be able to stand up to
legal challenges.
Councilmember Coontz expressed concern that existing businesses are not operating under any
guidelines and there needs to be something in place as soon as possible; and suggested an
ordinance can always be amended at a later date if needed.
Councilmember Ambriz asked about the number of cybercafes in Orange, incidences atJhese
locations that the Police have responded to; cybercafe ordinances in other locations; and
expressed concern that current cybercafe operators are operating without an ordinance. He asked
for additional information on the correlation between cybercafes and violence, as he had strong
reservations about the moratorium. He suggested a continuance for two weeks in order to obtain
this additional information.
Mayor Murphy stated the purpose of extending the moratorium is to maintain a status quo until
staff can provide a final ordinance that is legal and defensible and in the best interest of public
safety officials.
Councilmember Alvarez commented on the internet cafes in Orange, Australia, which apply
rules of retail zoning and have retail sales in addition to computer use; and also use a socially
acceptable standard for business hours.
Mayor Murphy noted that the use of personal wireless devices in the near future could possibly
change this industry completely.
Council Action
MOTION -- Murphy
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to continue to April 8, 2003 at 7:00 p.m. and incorporate Council comments in terms of
additional information required.
PAGE 16
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CITY COUNCIL MINUTES
March 25, 2003
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
The City Council adjourned at 7:45 p.m. to an Adjourned Regular joint meeting with the
Planning Commission, April 1, 2003 at 6:00 p.m. in the Weimer Room to discuss the Capital
Improvement Program for Fiscal Year 2003-04.
(]4J4~U~rf(~<~
CASSANDRA J. ~THCART, CMC
CITY CLERK
~!:u~1r
MAYOR
PAGE 17
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