HomeMy WebLinkAbout3_25_2003 - Council MinutesAPPROVED 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.PAGE
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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.
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.
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CITY COUNCIL MINUTES 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
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
CITY COUNCIL MINUTES March 25, 2003
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)
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.
PAGE
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 PAGE 8 1-- -
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 servicecapacity 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.PAGE
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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.PAGE1Q
CITY COUNCIL MINUTES March 25, 2003
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.PAGE "
CITY COUNCIL MINUTES 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
Awardof 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.PAGE
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CITY COUNCIL MINUTES March 25, 2003
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 variousCountyfacilitiesandhavehadnocomplaintsfromthe
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.
PAGE
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CITY COUNCIL MINUTES March 25, 2003
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.
PAGE 14
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CITY COUNCIL MINUTES March 25, 2003
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 Housingand
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 ofUrgencyOrdinanceNo. 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
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
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~1rMAYOR
PAGE 17
T