HomeMy WebLinkAbout2_12_2002 - Council MinutesAPPROVED BY CITY COUNCIL ON FEBRUARY 26,2002
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING FEBRUARY 12,2002
The City Council of the City of Orange, California convened on February 12,2002 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 Roy Schlobohm, First Presbyterian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Boy Scout Troop 241
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS TAPE 120 Proclamation was
presented to Mike Schaub, Director of Outreach, Social Model Recovery Systems
Inc. on their 10th Anniversary providing treatment for alcohol and other drug
addictions for teenagers in the City of Orange.Proclamation was
presented to Orange North Rotary Club, Kenneth Caplin, President,honoring Rotary
International World Understanding and Peace Week, February 17-23,2002.
The Mayor announced the City of Orange and our sister city Queretaro, Mexico will
be conducting a flag exchange and flying each others flag on February 23rd.Proclamation
was presented to ll-year old Miguel Quinonez, commending him for his
heroic efforts during a house fire.
Presentation was given by Mayor pro tern Mike Alvarez recogmzmg Rory Patrick
Mahony, who represented the City of Orange in the Olympic torch relay for the Winter
Olympics in Salt Lake City. Rory Mahony relayed his experience of how he submitted
an essay to be given the privilege of running in this relay. The Mayor presented Rory
with a banner from the 1991 City of Orange Olympic Festival.
PAGE 1
1
CITY COUNCIL MINUTES February 12,2002
2.PUBLIC COMMENTS TAPE 750
The following people spoke against Measure W on the March 5th Orange County ballot relating
to the great park:
Larry Root, 1210 Polaris, Newport Beach
Barbara Lichman, 2603 Main Street, Irvine
Norm Ewers, 47 Seton Road, Irvine
Kathleen Voshall, 20002 Santiago Canyon, Orange
Bill Kearns, 3350 California, Costa Mesa
Richard Taylor, 4340 Campus, Newport Beach
George Margolin, 1701 Irvine, Newport Beach
Shirley Conger, P.O. Box Ill, Corona del Mar
Arlen Craig, 3402 E. Vine, spoke on reconciliation of zoning and land use issues and urged the
City Council not to lose perspective on environmental concerns and establish a plan for open
space on Santiago Creek.
Mel Vernon, 363 N. Lincoln, requested a formal appeal hearing of the Fire Department's
decision regarding a fire hydrant at his property in East Orange. He asked the Council to appoint
an Appeal Board as outlined under Code guidelines.
3.CONSENT CALENDAR TAPE 1670
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 February 12, 2002 at Orange Civic Center, Main
Library at 101 N. Center Street, Police facility at 1107 North Batavia, the
Eisenhower Park Bulletin Board, summarized on Time-Warner
Communications,and available on the City's Website www.cityoforange.ore, 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 January 17, 24, 31,
2002.ACTION:
Approved.PAGE
2
CITY COUNCIL MINUTES February 12,2002
3. CONSENT CALENDAR (Continued)
3.3 Request approval of City Council Minutes, Regular Meeting January 22, 2002 and
Adjourned Regular Meeting, January 29, 2002.
ACTION:Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
AGREEMENTS
3.5 Amendment No. 3 to Cooperative Agreement No. C-94-664 between the
City of Orange and the Orange County Transportation Authority regarding
time extension on Route 55
Freeway improvements.SUMMARY: Amendment No.3 extends the expiration date of
Cooperative Agreement No. C-94-664 through December 31, 2004, allowing the
completion and final accounting of the design, right-of-way acquisition, and
construction of Katella Ave. ramps, LaVeta Ave. and Meats Ave. over crossings, and Chapman
Ave. at Yorba St. turn lane.ACTION: Approved Amendment No.3
to Cooperative Agreement No. C-94-664 and authorized the Mayor and
City Clerk to
execute on behalf ofthe City.FISCAL IMPACT: None.3.6 Award of Professional
Services Agreement for Quality Control Inspections for the
Taft Branch Library Remodel and Grijalva Park Improvements.SUMMARY: This
agreement authorizes the consultant to provide quality control inspection services for the
Taft Branch Library Remodel and Grijalva Park Improvements to ensure that
construction is proceeding according to plans and specifications.ACTION: 1) Approved
agreement with Construction Testing and Engineering Inc., in the amount of $80,000 and authorized the Mayor
and the City Clerk to execute on behalf of the City; 2) Transferred funds in
the amount of $12,909 from Account 500-2001-
481105-9900 (Main Library Renovation) to Account No. 500-2001-481105-9918 for
construction cost of Taft Branch Library; 3) Appropriated funds in the amount of
83,522 from unreserved fund balance
in Fund 725 (Building Improvements to Account 725-2001-481105-9918 for
Taft Library construction (SP-3375).
FISCAL
IMPACT:
Funds are
budgeted in
the Capital Improvement
Program and are available
in the
following
CITY COUNCIL MINUTES February 12,2002
3. CONSENT CALENDAR (Continued)
3.7 Award of Professional Services Agreement for Special Inspections and Material
Testing for the Taft Branch Library Remodel and Grijalva Park Improvements.
SUMMARY: This agreement authorizes the consultant to provide special inspections and
material testing for the Taft Branch Library Remodel and Grijalva Park Improvements.
ACTION: Approved agreement with Twining Laboratories of Southern California, Inc.,
in the amount of $40,000 and authorized the Mayor and the City Clerk to execute on
behalf of the City.
FISCAL IMPACT: Upon appropriation of funds as requested on the Agenda for the
quality control inspection agreement, funds will be available in the following accounts:
510-7021-485100-0149 $30,000
Grijalva Park Improvements 725-2001-481105-9918 $
10,000 Taft Branch Library Remodel 3.8 Award of Contract - Bid No. 012-22 to
McMurray Stern for shelving and furniture
for the Taft Library Renovation Project.SUMMARY: New furniture and shelving are
part of the Taft Library Renovation Project. The remodeled library will provide
a greatly improved environment
for the public and staff alike.ACTION: Awarded Bid No. 012-22 to
McMurray Stern, 15511 Carmenita Rd., Santa Fe Springs, CA 90670-5609 in the amount of $73,
960 for furniture and shelving for the Taft Library Renovation Project; and authorized
the Mayor and City
Clerk to execute on behalf of the City.FISCAL IMP ACT: Funds
are budgeted and available in the
Capital Improvement Program in the following account: 725-2001-481105-9918.
3.9 Approve Amendment No.1 to Utility Agreement No. 12-
UT-302.SUMMARY: Amendment No. I to Utility Agreement No. 12-UT-302 provides
for reimbursement to the City, for work performed by city
forces needed to facilitate the construction work on a portion of the
SR-55 Freeway project.ACTION: Approved Amendment No. I to Utility Agreement with
the State and authorized the Mayor and City Clerk to execute on behalf of the
City.FISCAL IMPACT: Reimbursement to the City will be in the amount of $
7,923.36 credited to revenue account No. 601-263100 following approval of Amendment
No. I
CITY COUNCIL MINUTES February 12,2002
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY) TAPE 1710
3.10 Sewer Agreement with the City of Anaheim: Request by SunCa1 Developers to
connect a portion of the Serrano Heights Development to the City of Anaheim
sewer.
SUMMARY: SunCal Developers, owners of the Serrano Heights residential
development, have requested that the City of Orange enter into a sewer agreement with
the City of Anaheim to allow a portion of Tract 14360 to connect to the Anaheim sewer
system.
Discussion
Tom Anderson, East Orange resident, spoke on a condition of the Serrano Heights
Development. At the extreme northeast end of the tract, there was to be an underpass at
Serrano Avenue with a trail connection to the northern portion of Santiago Oaks Park.
The trail connection has been roughed out but is in the wrong place. He asked staff to
redirect the trail and if a condition could be put on this agreement to relocate the trail to
where it was originally promised.
Mayor Murphy stated the developer needs to be held accountable for any original
condition that was promised.
The City Attorney concurred if the location of the trail is on the original map, the City
has the authority to hold them accountable. However, that particular item is not related to
this agreement and should not be tied into it.
Councilmember Cavecche asked about the proposed park in this area and at what point
can a project be stopped to make sure things that were promised are in compliance.
The Community Development Director stated they have met with the County regarding
the trail. The trail that was put in place did go through a review process by the County,
and agreed that where the trail leads is not specifically to a trail that the County had
reviewed and approved as part of the grading plan. They will go back to see if they have
any recourse on it. The City inspected the portion in the City to be sure it followed the
agreed upon alignment, but there are still some problems to be worked out. Regarding
the park, this is going through the planning process and the developer is working with
staff in terms of improvements to the park.
Mayor Murphy asked what the mechanics are to fix the trail alignment; and directed the
Community Development Director to provide an assessment by the end of the week as to
how it got to this point and where the City needs to be.
The Community Development Director reiterated they have asked the County to see if
they can go back to the developer to get them to realign the trail. Beyond that, the
Developer has met the conditions regarding compliance with the grading plan. Planning
is still working with the County and the developer to resolve the issue further.
PAGE 5
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CITY COUNCIL MINUTES February 12,2002
3. CONSENT CALENDAR (Continued)
Councilmember Coontz spoke on the Master Plan of Recreational Trails and asked if
there were any issues on this trail before now.
The Assistant City Manager stated they have just been made aware of this and will be
looking into it.
Councilmember Coontz stated with regard to the Master Plan of Recreational Trails,
there are a number of issues involving the County and staff needs to pin these issues
down with the County on a permanent basis so they do not continue to happen. It is not
always clear on who to go to and there has not been resolution on some of the issues. She
appreciated the help from staff.
MOTION - Alvarez SECOND -
Murphy AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Approved the
sewer agreement between the City of Orange and the City of Anaheim and authorized
the Mayor and the City Clerk to execute this Sewer Service Agreement on behalf
of the City.FISCAL IMPACT: None.
All connection and use fees will be paid by the developer.REMOVED AND HEARD
SEPARATELY) TAPE 2040 3.11 Amendment
No.2 to Consultant Services Agreement with KFM Engineering for Professional Engineering Services
for Santiago Creek Trail from City of Orange/City of
Santa Ana Boundary line to SR-55 at Palmyra Avenue.SUMMARY: This
contract amendment is needed to allow the consultant, KFM Engineering, Inc.,
to provide additional engineering services to complete the environmental documents
required by Caltrans, prepare legal description, and attend permit agency
meetings and coordinate the development of the additional technical study for the
Santiago Creek Trail Project. Additional engineering services will increase the consultant contract
cost by $77,596, from $109,565 to $187,161 in contingencies on an as needed basis
as approved by the City Manager and the Public Works Director. Adequate funding is
available.Discussion Tom
Anderson,
East Orange resident, stated this project seems to be involving a huge amount of
money and asked what happened to the original Santiago Creek Trail project.He spoke
on the need for increased park and open space with interconnecting trails.Councilmember Coontz
noted the Master Plan of Recreational Trails is different from the Bicycle Trails
and is of the understanding they will be put together. She suggested Mr.Anderson look
at the map that has been put together on existing and potential trails; and appreciates the
idea of combining all the trails into one program.PAGE 6
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CITY COUNCIL MINUTES February 12,2002
3. CONSENT CALENDAR (Continued)
The Assistant City Manager stated staff has been meeting on the Master Plan of Bike
Trails and Master Plan of Riding and Hiking Trails and is formulating a map which will
be brought to the Council for review. The plan is to develop some segments of the trail
that can be implemented, as they recognize the priority of trails and open space.
Councilmember Cavecche noted this contract amount seems like a huge amount of
money for a short section of the creek and asked what is raising the amount.
The Public Works Director reported the amount is being raised due to the requirements
imposed by Cal Trans as a condition ofreceiving federal funds, such as a hydraulic study,
and the scope of the environmental review.
MOTION - Alvarez SECOND -
Slater AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Approved Amendment
No.2 to KFM Engineering, Inc., to include an increase in the
amount of $77,596 plus $18,716 in contingencies and authorized the Mayor to execute
and City Clerk to attest on behalf of the City.FISCAL IMPACT: Funds
are budgeted in available in the
following accounts:245-5011-486700-
6099
245-
5012-
486700-6099 271-5011-486700-
6099 the
Capital Improvement
Program and
85,500 21,500
48,500 AB 2766
Air Pollution)
AB 2766 Air Pollution)Gas Tax)
REMOVED AND HEARD SEPARATELY) TAPE 2360 3.12 Agreement for the Annexation
of Unincorporated County Territory between the County of
Orange and the City of Orange.SUMMARY: Pursuant to a request by the County of
Orange, the City and the County negotiated an agreement for the annexation
of 13 unincorporated islands of territory located
within the
City's corporate boundaries.Council Discussion Councilmember Coontz stated she had received
inquiries from residents on these parcels being considered for annexation and asked for clarification.
She stated in the past there has been confusion as to what would happen to the
County islands when brought into the City with regard to delivery of services
and upgrades to streets and sidewalks The Assistant City Manager stated this is the result of
a two year process. The Local Governmental Reorganization Act states that those
cities that have County islands which are completely surrounded by the City and are less than 75
acres can be annexed to the City. An agreement has been negotiated with the
County for annexation of the County islands into the City and includes revenue to bring
these islands
up
CITY COUNCIL MINUTES February 12,2002
3. CONSENT CALENDAR (Continued)
This does not approve the annexations - it merely begins the process. This is an involved process
which includes filing and processing of maps and legal descriptions, prezoning requirements
and a public outreach program by LAFCO and the City and an opportunity for
public hearings.It
was further stated the agreement with the County includes approximately $2 million to be
used for flood control purposes, curbs and gutters and infrastructure improvements to bring
them up to City standards which will be consistent with existing neighborhoods.Some
County residents already receive City services such as street sweeping and fire and police
services through mutual aid agreements. The areas of Orange-Olive, El Modena
and Orange Park Acres are not included in this proposed annexation process.
Mayor Murphy asked about the map of Orange Park Acres which was included in the
staff report.
The Assistant City Manager noted only a .67 acre parcel at the southern tip of that map is
being considered.
Councilmember Slater stated he is glad to see the City moving forward with this, that
there are still areas to be considered in the future, but this is definitely making progress.
He asked about the County islands offFairhaven.
The Assistant City Manager noted the Fairhaven islands are not completely surrounded
by Orange and, therefore, are not included.
Speakers
Erica Lyon, 18231 Fairhaven, spoke against her property being annexed to the City and
asked what it means to be brought up to City standards.
Mayor Murphy noted the properties on Fairhaven are not included in this process, but
that the public will be given an opportunity to voice opinions at public hearings. He also
noted City standards are different depending on the surrounding area of each County
island.
Councilmember Coontz, stated that during the original attempt to bring the Fairhaven
islands into the City of Orange, the intent was not to upgrade the curbs and gutters. Some
of the residents did not want that, and there are different viewpoints on this.
Mel Vernon, 363 N. Lincoln, spoke on how codes are applied differently in various
jurisdictions.
PAGE 8
CITY COUNCIL MINUTES February 12, 2002
3. CONSENT CALENDAR (Continued)
MOTION - Slater SECOND -
Alvarez AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: I) Approved
the Agreement for the Annexation of Unincorporated County Territory and authorized
the Mayor and City Clerk to execute on behalf of the City; and 2) Authorized the
City Manager to carry out and implement the agreement and to administer the City'
s obligations, responsibilities and duties to be performed thereunder.FISCAL IMPACT: There
is no significant cost other than the administrative costs of completing the annexation
process through LAFCO. Revenues include the transfer of 2,000,000
in Road funds from the County to the City and approximately $92,000 in property taxes annually.
REMOVED AND HEARD
SEPARATELY) TAPE 2810 3.13 Agreement
with Robert Kiley and Associates to serve as Consultant for the City of Orange Community Foundation,
Inc. and the City of Orange Public Library Foundation Inc.SUMMARY:
During Fiscal
Year 2000-01, Robert Kiley and Associates (RKA) assisted staff in
establishing the Orange Community and Orange Public Library Foundations.The continued
use of the services ofRKA are required through June 30, 2002 in order to further enhance
the growth and financial development of the City's two 50Ic(3)incorporated Community
and Library Service foundations.Discussion Councilmember
Coontz
stated she was pleased with the progress of the Foundations, but asked what
the work plan is for the remainder of the contract term with Robert Kiley.She noted
the Foundations have brought in $30,000 so far, and asked how much Kiley has been
paid.The Community
Services Director reported the original plan was to retain Kiley for two years to
assist with the formation of the two Foundations, and he has been instrumental in assisting staff
in establishing the membership. After the term of his agreement, which is July I,
2002, he will be dealing directly with the Foundations and not the City. The contract totals $
48,000; and the goal of the Foundations is to raise $50,000 prior to July I st.
Mayor Murphy
noted it was his understanding that Kiley was retained for his expertise to establish these
Foundations and create something that was self sustaining. His services would then
be phased out and the Foundation members would take over and continue the growth process.
PAGE 9
CITY COUNCIL MINUTES February 12,2002
3. CONSENT CALENDAR (Continued)
Councilmember Coontz agreed it is difficult to raise money but did not want to see the
money that has been raised going to a consultant, as the Foundations would not be
moving forward. That is why she is asking for the goals. This is not a criticism of Kiley,
but in going after grants, they have to look at the money that's coming in and focus on
the goal of fundraising.
Mayor pro tern Alvarez noted it was made clear early on that it was going to take work to
establish these Foundations and they need to look at the long term commitment in trying
to produce income and fund their projects. The Foundations give the City a vehicle so
people can donate directly to a project and there may be other opportunities where a
foundation can act on behalf of a City.
Mayor Murphy stated the Council has been very supportive of the idea of putting these
Foundations together, but agreed they need a plan for the future as they want to see the
results achieved.
Councilmember Cavecche suggested Council receive a breakdown after July 1st on what
this additional $17,000 was used for, which would help the Foundations make future
decisions.
MOTION - Murphy SECOND -
Coontz AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Approved the
agreement between the City and Robert Kiley and Associates in the amount of $
17,000 and authorized the Mayor and City Clerk to execute the Agreement on behalf
of the City; with a breakdown to be provided after July 1st on what this $17,000
was used for.FISCAL IMPACT: Sufficient
funds are budgeted for FY 2001-02 in the following account: 100-
7001-426700 (Other Professional and Consulting Services) $17,000
APPROPRIATIONS
3.14 Police Department Sergeant's Office/Report Writing RoomlEquipment Room
Relocation CIP Appropriation and Funds Transfer.
SUMMARY: This request is for an appropriation of $70,297 ofFY 01-02 CLEEP
funds to Account No. 100-4011-481301-
2254 (General Fund-Police Administration-State Grants-CLEEP High Technology Grant) and a
transfer of $100,000 from account 100-4011-424101 (
General Fund-Police Administration-Repairs to
Building) to
CITY COUNCIL MINUTES February 12,2002
3. CONSENT CALENDAR (Continued)
Improvements-Police Report Writing/Sgts. Office/Equipment Room). The
appropriation and transfer is requested to consolidate the existing Report Writing Room and Sergeant'
s Office to one large Report Writing Room; consolidate existing Mailbox area
and Equipment Room into a new Sergeant's Office; and relocate the Equipment Room to
the
garage.ACTION: I) Appropriated $70,297 of FY 01-02 CLEEP funds to Account
No. 100-4011-481301-2254; 2)Transferred $100,000 from
account 100-4011-424101 to account 100-4011-481200-2107
to fund the
Sergeants Office/Report Writing Room/Equipment Room Relocation CIP.FISCAL IMPACT: The City has
received $70,297 in FY 01-02 CLEEP funds and 100,000 is available in
the
Repairs
to Building Account to cover the appropriation and transfer.BIDS 3.15 Bid Number
012-10 - Rejection of Bids, ADA Improvements to City Facilities SUMMARY: The
City received I bid in excess of the budgeted amount.ACTION:
Rejected the bid received for the construction of the project.
FISCAL IMPACT: Funds are budgeted and available
in account 310-9645-485100-1329 ADA Improvements to City Facilities. (CDBG Funds)3.16
Traffic Signal Improvements at 4 locations (Bid No.
012-32) - Approval of plans and specifications and permission to
advertise for bids.SUMMARY: Plans
and specifications have been completed for traffic
signal improvements at the following locations:Katella Ave.
at Cambridge St. Signal Modification Main St. at Palmyra
Ave. New Signal Installation Serrano Ave. at Mt.
McKinley Blvd. New Signal Installation Serrano Ave. at Yellowstone Blvd. New Signal
Installation ACTION: 1) Approved plans and specifications and authorize advertising for bids. 2)
Approved purchase of signal equipment necessary to complete the project in the amount
of $58,000.00 from US Traffic Corp., as a sole source
purchase.FISCAL
IMPACT: Funds
CITY COUNCIL MINUTES February 12,2002
3. CONSENT CALENDAR (Continued)
TSIP B - Katella Ave. at Cambridge St. 284-5032-
485100-6119 TSIP B - Main St. at Palmyra Ave.
284-5032-483100-6060 TSIP C - Serrano Ave. at Mt.
McKinley Blvd. 285-5032-483100-6192 Serrano CFD - Serrano
Ave. @ Yellowstone Blvd.594-5017-485100-6075 TSIP
C -
Serrano Ave. at
Yellowstone Blvd. 285-
5032-483100-6075
TOTAL 55,300.
00 105,300.
00 110,000.
00 71,500.
00 38,500.00 380,600.00 3.17 CLAIMS The City
Attorney recommends that the
Orange City Council deny
the following Claim(s)
for damages:a. Marijo A. Miller b. PBe Pavers, Inc.ACTION: Denied Claim(
s)
for damages and referred to City Attorney and Adjuster.CONTRACTS 3.18 Final Acceptance of
Plaza Grinding and Overlay and authorization to file
Notice of Completion with County Recorder. (No staff report required).SUMMARY:
Project No. SP-3327-1; Bid No. 012-13, Plaza Grinding and
Overlay.Contractor: Premier Contractors, 1401 N. Batavia Suite 204, Orange,
CA
92867. Job Location: Intersection of Chapman and Glassell. Staff recommends acceptance of improvements.
Note: Mayor pro tern Alvarez abstained on this item due
to property interest.ACTION: Accepted on-site improvements, authorized release of Fidelity and Guaranty
Insurance Company ofIowa, Bond No. FC910600022, in the amount of$65,598.
71, and authorized
the Mayor and City
Clerk to execute the Notice of Completion.FISCAL IMPACT: None.REMOVED
AND HEARD SEPARATELY)3.19 Award of Contract - Bid
No. 012-
28, SP-
3386; TCRF Program, Phase 1, FY 2001102 - Miscellaneous City Streets.TAPE 3340 Street Rehabilitation SUMMARY:
The bid opening was held on January 17, 2002. Ten (10) formal bids were received
for this project ranging from $531,344.00 to $606,872.00. Silvia
Construction was the apparent low bidder. This project will rehabilitate miscellaneous City streets
at various locations throughout the City. The work will include the placement
of asphalt concrete overlays and total reconstruction, removal and replacement of failed areas of
concrete curbs and gutters, and all appurtenant work as required. This project is
being funded through the Traffic Congestion Relief Fund Program
for assistance
CITY COUNCIL MINUTES February 12,2002
3. CONSENT CALENDAR (Continued)
Discussion
Councilmember Slater asked about the right-of-way at 150 Grant Place as it is
the only residence on this street with no curb
and gutter.The Public Works Director stated the City does not have the right- of-way
in front ofthat property. However, they will be researching this to see ifthey can get
an improvement
at that property.Mayor Murphy pointed out the streets in Orange are in good shape
compared to other cities, especially
for motorcycle riders.
MOTION - Slater SECOND -
Cavecche AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSTAINED - Coontz Councilmember
Coontz abstained due to a property interest on Palmdale Avenue.ACTION:
1) Appropriated $1,281,309.00 from Fund 340 to Account 340-5011-
483300-3116.2) Awarded a contract in the amount of $531,344.00 to Silvia Construction
Inc.9007 Center Avenue, Rancho Cucamonga, CA 91730 and authorized the Mayor and
City Clerk to execute on behalf of the City; and if possible, improve that portion of the
street at 150 Grant
Place.FISCAL IMPACT: After the appropriation funds will be available in the
following
account:340-5011-483300-3116 1,281,309
Traffic Congestion Relief Funds 3.20 Award of Contract - Bid No. 012-29,
SP-3387; TCRF Street Rehabilitation Program, Phase 2, FY
2001102 - Miscellaneous City Streets.SUMMARY: The bid opening was held on January 17,2002. Nine (
9) formal bids were received for this project ranging from $438,927.00 to $517,
449.50. Silvia Construction was the apparent low bidder. This project will rehabilitate
miscellaneous City streets at various locations throughout the City. The work will include
the placement of asphalt concrete overlays and total reconstruction, removal and replacement
of failed areas of concrete curbs and gutters, and all appurtenant work as required.
This project is being funded through the Traffic Congestion Relief Fund Program for
assistance to Cities and County Agencies for maintenance and
reconstruction of public streets.ACTION: Awarded a contract in the amount of $438,927.00
to Silvia Construction Inc.9007 Center Avenue, Rancho Cucamonga, CA 91730 and authorized
the Mayor and City Clerk to execute on
behalf of
CITY COUNCIL MINUTES February 12,2002
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds are budgeted In the Capital Improvement Program and
available in the following account:
340-5011-483300-3116 1,281,309 Traffic
Congestion Relief Funds 3.21 Award of Contract - Bid No. 001-23, Purchase of Ductile Iron
Pipe and Fittings.SUMMARY: The purchase of the 30 inch ductile iron pipe and fittings
are needed in order to relocate the water transmission main at the Hewes St. and
Rancho Santiago Blvd.intersection, thereby clearing the way for construction ofthe Hewes
St. Widening Project
S.P. 3179).ACTION: Awarded contract in the amountof $41,661.12 to Wells
Supply, 1313 E.Hunter Ave., Santa Ana, CA 92705, the lowest responsible bidder;
and authorized the Mayor and City Clerk to execute on behalf
of the City.FISCAL IMPACT: Funding for this project is proposed in FY 2001/02
budget in
the following account:600-8041-474501 41,661.
12 Water Transmission & Distribution Mains 3.22 Contract Change Order No.3; Bid No. 012-
05; Project No. SP-3179, Hewes Street Widening
from Bond Avenue to Villa Park Road.SUMMARY: This Contract Change Order
authorizes payment for extra work at agreed unit prices. The extra work consists mostly of
new sidewalk, and curb and gutter on Riverdale Avenue from Orange-Olive Road
to the Kodiak Street. The amount for
this Contract Change Order is $10,668.65.ACTION: 1) Approved a Contract Change Order No.3
in the amount of $10,668.65 to RJ. Noble Company for the extra work. 2)
Appropriated $10,668.65 from Fund 550 to 550-5011-483300-
3244 for new sidewalk, and curb and
gutter construction on Riverdale Avenue from Orange-Olive Rd. to Kodiak St.
FISCAL IMPACT: After the appropriation funds will be available
in the following
account: 550-5011-483300-3244 $10,668.65 (OCTA Reimbursable Capital Project-Riverdale Sidewalk Improvements)3.
23 Award of Bid No. 012-31, to R & M
Electrical Contracting for the Installation of Soccer Field and Parking Lot Lighting at Santiago
Canyon College.SUMMARY: Authorize award of Bid No. 012-31 to R & M Electrical Contracting
in the
amount of $
CITY COUNCIL MINUTES February 12, 2002
3. CONSENT CALENDAR (Continued)
ACTION: Approved the award of bid, No. 012-32, to R & M Electrical Contracting
in the amount of $82,950.00; and, authorized the Mayor and City Clerk to execute
the contract on behalf ofthe
City.FISCAL IMP ACT: Sufficient funds are budgeted in the following
account:510-7021-485100-9996 (Field Lighting
Improvements): $88,338.
00 PURCHASE OF PROPERTY 3.24 Purchase of a 10 foot wide strip ofIand at
2145 W. Chapman Avenue.SUMMARY: This is one of the parcels necessary for
the West Chapman Avenue Widening Project. Offer was made and accepted by
Jeffery Sangster, Kathleen
Sangster and Karen Lippnik.ACTION: Authorized Mayor and City Clerk to execute all
escrow papers and related documents for the purchase of a 10 foot wide strip ofland located
at 2145 W. Chapman Avenue. Purchase price is $77,692.00 plus
any related escrow costs.FISCAL IMPACT: Funds in the amount of $77,692.00 are
available in the Chapman Avenue Widening Project - Account No. 284-
5011-
483300-4038 (TSIP Area B).
RESOLUTIONS 3.25 RESOLUTION NO. 9545 A Resolution of the City Council of the City of Orange
authorizing the repair of the roofs of the City's Administration and Public Works
buildings at 300 E. Chapman Avenue,waiver of competitive bidding and award
of contract to Scholten Roofing Service Company
for the immediate resurfacing ofthose roofs.Approve emergency purchase order R20929 in the
amount of $35,578 to Scholten
Roofing Service
company for said work.
ACTION: Approved.REMOVED AND HEARD
SEPARATELY)3.26 RESOLUTION NO. 9559 A Resolution of the City Council of the City
of Orange temporarily closing sections of Glassell Street and Chapman Avenue immediately
abutting the "Plaza" area of the downtown
business district for approved special events.Councilmember Cavecche asked about the event dates,
noting the Rotary Car Show was
on the
CITY COUNCIL MINUTES February 12,2002
3. CONSENT CALENDAR (Continued)
The Community Development Director explained the Rotary Club starts planning this
event far in advance, so it is necessary to get an approval at this time.
MOTION - Cavecche SECOND -
Slater AYES - Slater,
Mayor Murphy, Coontz, Cavecche ABSTAIN - Alvarez Mayor
pro tern Alvarez
abstained due to property interest in the Plaza area.ACTION: Approved.3.27
RESOLUTION NO.
9562 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. 9396 and amendments thereto.ACTION: Approved.FISCAL IMPACT: $
96,650
for remainder ofFY 2001/02. Adequate funds are available in the non-departmental
activity for transfer to the appropriate departmental salary accounts.3.28
RESOLUTION
NO. 9563 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.MOTION -
Coontz SECOND -
Alvarez AYES - Slater,
Alvarez, Mayor Murphy,
Coontz, Cavecche Items 3.10, 3.11, 3.
12, 3.13, 3.19 and 3.26 were removedand heard separately. Mayor pro tern Alvarez abstained on Items
3.18 and 3.26. Councilmember Coontzabstained on Item 3.19. All other items
were approved as recommended.END OF CONSENT CALENDAR 4. REPORTS
FROM MAYOR MURPHY - None.
PAGE 16 T
CITY COUNCIL MINUTES February 12, 2002
5.REPORTS FROM COUNCILMEMBERS TAPE 3530
Off Agenda Items
Councilmember Coontz - provided the following report on the Eastern Transportation Corridor.We
are aware of the recent gift of The Irvine Company as a huge reserve of lands to be retained in
perpetuity. However, as we begin to unwrap the package and discern the gift, there are issues and
concerns which you may not be aware of.The
City of Orange and its constituents spent many years on the development of what is called the
East Orange General Plan, one of the largest and most specific General Plans of its kind in existence
in the State of California, and that was at the request of The Irvine Company.Shortly
after the gift was announced, the City of Orange was pleased with the news that the residential
units proposed for the plan would be cut back approximately one third. I did not bring
those numbers with me - this is a quote from what I presented to the Agency, because for the corridor
agency, my message is quite basic.The announcement
did not include the information that commercial or high tech industrial, as we all had
envision, would be built. Time has passed and new plans come along. However, the proj ections
for the ADT, or average daily trips, in the traffic model for the Eastern Transportation Corridor
included the extensive build out of East Orange.No one
on the corridor agency, or the cities represented on the agency, has brought this question forward to
date in our agency meetings.I will
translate the following into questions:I. Is
the agency addressing this issue for its effect on the traffic model, which must have been tied to
the bonding proposals - they said it was. What is the significance of this drastic change in development plans? Will
this mean a re-look at the existing traffic model? How will this affect our financial
projections?I understood
this morning from the corridor agency that yes they are going to propose at the next corridor meeting
that we look at the traffic model and probably redo it.2. Development
impact fees are an integral part of the income projections, although I remember that the
Director had indicted many times that the return never materialized into what was expected. What
is the projected financial effect oflessened development and is it significant?Now some
ofthese things would be of interest to the City of Orange, and others we may not care one way
or the other, but they are important.PAGE 17
CITY COUNCIL MINUTES February 12, 2002
5. REPORTS FROM COUNCILMEMBERS (Continued)
3. The Irvine Company is in the process of proposing eliminating the MP AH, Master Plan of
Arterial Highways, designations ahead of our city actually getting down to cases to formalize our
desires in the reduced planning effort by the Irvine Company in their lands on the other side of
the corridor.
This is extremely important from my standpoint and it should be from everyone else's because
there is concern now in East Orange as to what will happen with the arterials and to what degree
will the change in designation to the MP AH affect the corridor financially; and is this, too, a
traffic modeling issue?
This is more of an issue directly affecting the City of Orange because of the concern I expressed
about what is going to happen when they take these arterials off or whatever they want to do with
them.
4. The alignment of the corridor and the inclusion of the West Leg were issues tied to the
original plan and successfully fought out by several cities and the Irvine Company.
The other tie-in was development timing. There was a financial cutback in building the
Eastern Corridor with the expectation that its ultimate width along with improvements to the
Chapman interchange would occur later when the build out of the East Orange General Plan
occurred.This is not the interchange that was proposed, it's cut
back.A seemingly small issue which was of great significance to existing nearby
neighborhoods,especially Santiago I, was the ultimate landscaping of the interchange which was due to
change,with Irvine Company assistance, from rural to urban landscaping upon build out. There
were questions as to whether that is going to
happen.I asked for answers to my concerns and questions. Apparently, most of the people on
the Corridor Agency are unaware of the fact that there was a TIO Pac - Tustin, Irvine, and Orange,
committee out of the East Orange toll road. We had to work with the Irvine Company, and
sometimes against them, over a long period of time. And that's going to be reinstituted with the
addition of the City of Anaheim. These are all the cities that are impacted by some of the
requests of The Irvine Company.
One of the ones I'm not too sure about as to why they're requesting it is that Jamboree be
widened in the Tustin area. Of course, The Irvine Company's initial goal was to not proceed
with the West Leg and use Jamboree instead. That could be a problem for everyone.
Apparently, the corridor agency and these cities are going to be talking together. That includes
OCTA, who is not fully apprised of the background of some of these issues. We hope they will
be and I have a meeting scheduled with the OCT A Director.
Mayor Murphy suggested Councilmember Coontz submit her comments In writing to the
Council.
PAGE 18
CITY COUNCIL MINUTES February 12, 2002
5. REPORTS FROM COUNCILMEMBERS (Continued)
Councilmember Cavecche - recognized Orange Police Officer Michael Streed who was recently
featured on the 20-20 television show for his work in computerized age progression. He
is an expert in this field and Orange is recognized nation wide for this program.
Mayor pro tern Alvarez - directed the City Clerk to agendize a resolution for the next Council meeting
regarding Measure V, the Peoples Initiative, which is on the March 5th ballot; and submitted
a proposed resolution. Measure V allows for citizens to fill a vacancy, should one occur,
on the Board of Supervisors.Councilmember
Coontz - noted that the A and E television station recently had a show on the Orange antique
shops.Mayor Murphy -
announced the Downtown Antique Faire is being held over Presidents Day weekend.6. REPORTS
FROM
BOARDS, COMMITTEES, AND COMMISSIONS TAPE 3900 6.1 Accept
resignation of Wes Poutsma from the City Traffic Commission and instruct the City Clerk
to begin Maddy Act regulations.Councilmember Coontz suggested
the Traffic Commission may get more membership and public involvement ifthe meetings
were held in the evenings.MOTION - Alvarez SECOND -
Murphy AYES - Slater,
Alvarez, Mayor Murphy,
Coontz, Cavecche Moved to accept, with regrets, the
resignation ofWes Poutsma form the City traffic Commission and instruct the City Clerk to
begin Maddy Act regulations.6.2 Investment Oversight Committee Second
Quarter Report for the Quarter Ending December 31, 2001. This report summarizes
the activity of the Investment Oversight Committee.The City Treasurer presented the
report.
MOTION - Slater SECOND - Alvarez AYES - Slater,
Alvarez, Mayor Murphy,
Coontz, Cavecche ACTION:
Received and Filed.PAGE 19
CITY COUNCIL MINUTES February 12,2002
7.ADMINISTRATIVE REPORTS TAPE 4040
7.1 Presentation by the City Librarian on the Library Master Plan: Update and
Development Strategy presentation by the City Librarian.
Approve agreement to provide general and conceptual design services for a new Main
Library.
SUMMARY: LPA, Inc., is being recommended for selection as the consultant to provide
general and conceptual design services toward developing a new Main Library.
Discussion
Nora Jacob, City Librarian, provided a power point presentation. She reviewed the progress on
the Library Master Plan Development Strategy, noting that more space is needed to
accommodate the growth in Orange. She reviewed the State Library Bond Act opportunities and
potential projects, stating the Main Library is recommended as the City's applicant project for
bond funding. She also reported on the upcoming community meetings.
Mayor Murphy spoke on the importance of holding ourselves accountable to a design standard
for the Downtown area; and hoped the architect would look at the neighborhood and
appropriateness of the surrounding buildings and architectural styles. He encouraged the use of
State Library matching funds and also suggested sending out notices of the community meetings
to everyone who holds a library card.
Councilmember Coontz spoke on the importance of communicating with everyone in the entire
service area and not just in the Old Towne area. She complimented the City Librarian as she has
been waiting 40 years for a new Library.
Councilmember Slater stated the architecture of this proposed library is critical and hopes an
architect will be chosen with experience in historic architecture.
Councilmember Cavecche thanked the City Librarian for moving so quickly on this project. She
suggested handing out flyers about the community meetings to people as they check out books.
She also noted the importance of a library branch in East Orange.
Mayor pro tem Alvarez stated the City needs to put on a full court press in order to get available
funding from the State.
MOTION - Murphy SECOND -
Alvarez AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche PAGE 20
CITY COUNCIL MINUTES February 12, 2002
7. ADMINISTRATIVE REPORTS (Continued)
ACTION: Approved an agreement between the City and LPA, Inc., for general and conceptual
design services toward developing a new Main Library for the City of Orange, with follow
through on the recommendations of the Council, for an amount not to exceed $65,000; and
authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and available in the Capital Improvement Program in
the following account: 500-
2001-481200-9901.8.REPORTS FROM CITY
MANAGER TAPE 5100 8.1 Status Report on the John Wayne
Airport Settlement Agreement.The Assistant City Manager reported this resolution is consistent with the
meetings they have had with the County Supervisors, where support was expressed for Scenario 1. Scenario
I is the least onerous, in terms of impact, of the three alternatives being studied;
and the Supervisors have requested specificity in terms
of a resolution.Mayor pro tem Alvarez stated it was important to note that Scenario 1 does
allow for an expansion with certain limits. As a proponent of Measure W, he was at first
hesitant to support this. But they got together with the other corridor cities and expressed support
of this alternative.Councilmember Coontz noted this resolution will supercede the resolution adopted
at the last Council meeting on
this same issue.Mayor Murphy pointed out this resolution will be sent to the appropriate
agencies, including
the County Supervisors Councilmember Cavecche reported that she, too, was uncomfortable at
first in supporting anything that supports any expansion of John Wayne Airport. However, she
understands that no expansion is not an option and leaves them stuck
with this option.
RESOLUTION NO. 9564 A Resolution of the City Council of the City of Orange requesting Orange
County Board of Supervisors' Approval of an Amendment of the John Wayne
Airport Settlement Agreement consistent with Scenario 1 of Environmental
Impact Report 582.
MOTION - Murphy SECOND -
Coontz AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to adopt Resolution No. 9564.
PAGE 21
CITY COUNCIL MINUTES February 12,2002
9.LEGAL AFFAIRS TAPE 5320
9.1 ORDINANCE NO. 1-02 (SECOND
READING)An Ordinance of the City Council of the City of Orange amending Chapter 3.08 of the
Orange Municipal Code relating to amendments to public work
contracts.MOTION - Alvarez
SECOND - Slater AYES -
Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Moved that
Ordinance No. 1-02 be read by title only and same was passed and adopted by the preceding
vote.9.
2 ORDINANCE NO. 2-02 (FIRST READING)
An Ordinance of the City Council of the City of Orange amending and revising Section 3.08.590
of the Orange Municipal Code delegating certain emergency contracting authority to the City
Manager for a public facility.
In response to questions by Councilmember Cavecche, the City Attorney reported this
Ordinance gives authority only to the City Manager and only in emergency situations; and
covers any amount of money, not just up to $30,000.
MOTION - Coontz SECOND -
Alvarez AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance
No. 2-02 be read by title only and same was set for second reading by the preceding vote.
10. RECESS
TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS
TO CLOSED SESSION The City
Council recessed at 7:10 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) 99
Cents
Only Stores v. Lancaster Redevelopment Agency, Amicus Request 2) Nieupointe Enterprises,
LLC, et al. v. City of Orange, et aI., Orange County Superior Court Case No.
01CC027l2 PAGE 22
CITY COUNCIL MINUTES February 12,2002
11. RECESS TO CLOSED SESSION (Continued)
Did not discuss the following item
3) Inez Castro v. Orange County Sheriffs Department, et aI., Orange County Superior Court
Case No. 01CC03152
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.
12. ADJOURNMENT
MOTION - Cavecche SECOND -
Slater AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche The City Council
adjourned at 8:40 p.m. to an Adjourned Regular Meeting, February 19, 2002 at 5:30 p.
m. in the Council Chambers regarding the Sanitation District 301H Waiver.r7u~A~~~CASSANDRA
J. 1\
THCART, CMC CITY CLERK r
tfRlfl ~MAYOR
PAGE23