HomeMy WebLinkAbout7_23_2002 - Council MinutesAPPROVED BY THE CITY COUNCIL ON AUGUST 13, 2002
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING July 23, 2002
The City Council of the City of Orange, California convened on July 23, 2002 at 4:30 p.m. in a
Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Pastor Philip Struyk, Plaza Bible Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Alvarez
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Resolution No.
9633 was removed from the Consent Calendar and heard separately.RESOLUTION NO.
9633 A Resolution
of the City Council of the City of Orange honoring William R. "Bill"Warne for
six years of dedicated service on the Orange Public Library Board of Trustees.MOTION - Alvarez
SECOND - Murphy AYES -
Slater, Alvarez, Mayor
Murphy, Coontz, Cavecche Moved to approve Resolution No.
9633.Resolution No. 9633 was presented
to William Warne.Nora Jacob, new Library Director,
was introduced.Proclamation was presented to Gary
Wann, Community Services Director, in recognition of his outstanding services for
the past nine years as Director of both Community and Library Services.The following employees
received Employee
Service Awards: Serena Cryar - Police not present); Christine Ludlow - Finance.PAGE
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CITY COUNCIL MINUTES July 23, 2002
1.4 PRESENT A TIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
Presentation given by Larry Dick, Division 2 Director of Municipal Water Districts of
Orange County, of a commemorative poster celebrating 50 years of service to its member
agencies.
Mayor pro tern Alvarez announced Mayor Murphy had a birthday on July 20th and Mayor
Murphy announced former Mayor pro tern Fred Barrera celebrated his 80th birthday on
July 22nd.
2.PUBLIC COMMENTS TAPE 720
Dan Swoish, 6121 E. Mabury, Mabury Ranch Homeowners Association Board Member,
expressed concern about the grading being done by Fieldstone Company on the Sully
Miller property north of the creek; and stated other options need to be put forth for
development ofthis property.
Susan Obermayer, 6219 E. Shenandoah, Mabury Ranch Homeowners Association Board
Member, thanked the City and City Council for responding to their concerns about the
recent grading on the Sully Miller property and asked they be notified in the future when
this type of work is done.
Jack Sprouls, 6049 E. Mabury, expressed concern about possible damage to the creek as
a result of recent grading because of dirt being pushed into the creek on the Sully Miller
property; and asked that other alternatives be explored for this property.
Rick Cryder, 307 S. Wrightwood, displayed angels which have been made in memory of
the New York Police and Fire personnel as well as the victims of the airline flights and
Pentagon from the September II th tragedy. He invited the City Council and citizens to a
memorial event, Saturday, July 27'h
at 10:00 a.m. on the steps at Memorial Hall at
Chapman University.
Council Discussion
Councilmember Cavecche asked about the impacts of the recent grading by the
Fieldstone Company on the Sully Miller property.
It was reported that both Public Works and Community Development have been involved
and have been in contact with the Regional Water Quality Board, who was concerned
about erosion from those areas that have been cleared, and the Army Corps of Engineers
and the State Fish and Game Departments, all of whom have the ability to fine if certain
violations occur. Fieldstone has been required to provide the City with an erosion control
plan.
Councilmember Cavecche asked at what point would a permit be required in the grading
process and how much dirt can be moved before the City requires a Storm Water
Pollution Prevention Plan be in place.
PAGE 2
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CITY COUNCIL MINUTES July 23, 2002
2. PUBLIC COMMENTS (Continued)
The Public Works Director stated the developer can do geologic exploration which would
include pioneering access roads into those areas without a permit. They can also do cuts
and fills oflimited height without a permit; but any dirt movement of more than 50 cubic
yards per lot would require a grading permit. At this point there is no evidence that
Fieldstone has violated any of the exemption provisions and any possible violations are
of other regulations. A Storm Water Pollution Prevention Plan is required if there is a
grading permit, but as long as they come under the exemptions the City has no basis for
requiring this Plan.
The City Manager pointed out that if the contractor is not required to pull permits, it is
difficult for the City to notify the neighborhood; but that the property is being watched
closely by the City and no development will occur until all plans are approved by the
City.
3.CONSENT CALENDAR TAPE 1310
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda. Any member of the City
Council, staff or the public may request an item be removed from the Consent Calendar
for discussion or separate action. Unless otherwise specified in the request to remove an
item from the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar.
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of July 23, 2002 at Orange Civic Center, Main Library
at 101 N. Center Street, Police facility at 1107 North Batavia, the Shaffer Park
Bulletin Board, summarized on Time-Warner Communications and available on
the City's Web site www.cityoforange.org, all of said locations being in the City
of Orange and freely accessible to members of the public at least 72 hours
before commencement of said regular
meeting.ACTION: Accepted Declaration of Agenda Posting and authorized its retention as
a public record in the Office of the City
Clerk.3.2 Request Council Confirmation of warrant registers dated June 20, and 27,
2002 continued from 7/9/02) and July 3, 9,11,
2002.ACTION:
Approved.3.3 Request approval of City Council Minutes, Regular Meeting, June 25,
2002 continued from 7/9/02) and Regular Meeting of July 9,
2002.
ACTION:
corrected.Approved June 25, 2002 Minutes. Approved July 9, 2002 Minutes
as PAGE
CITY COUNCIL MINUTES July 23,2002
3. CONSENT CALENDAR (Continued)
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
3.5 Receive and file the City Treasurer's Report for the period ending June 30, 2002.
ACTION:Approved.
AGREEMENTS
3.6 Water Quality Ordinance Implementation Agreement D02-082, with the County
of Orange. (A2100.0
AGR-4059)SUMMARY: The Water Quality Ordinance Implementation Agreement
D02-082, with the County of Orange, will name the County of Orange as an
authorized inspector for NPDES (National Pollutant Discharge Elimination System) under
current City ordinance.ACTION: Approved Water Quality Implementation Agreement
D02-082 with the County of Orange and authorized the Mayor and City Clerk to execute
on
behalf of the City.FISCAL IMPACT: Funds are available in Sanitation
Contractual
Services Account No.220-5022-427100.
REMOVED AND HEARD SEPARATELY) TAPE 1360 3.7 Thirteenth Amendment
to Information Services Partnering Agreement with Affiliated Computer Services for Upgrade to
the Civic Center
Network. (A2100.0 AGR-0978.B.13)Note: Mayor Murphy abstained on this item due
to
an employment conflict and left the dais.SUMMARY: The City's computer
network equipment needs to be upgraded. Affiliated Computer Services (ACS) has
reviewed and made recommendations for improvements to the network, and the replacement of certain
network devices. The upgrade to the network requires an amendment to the
City's existing Information Services Partnering Agreement with ACS. The total amount of the amendment is $196,
248.
00 over a two year period.Discussion Mayor pro tern Alvarez asked about the
amount of money being spent, the required upgrades, why this contract was not sent out to
bid, who monitors ACS and asked about possible conflicts with ACS being the
ones who compile the list for upgrades.The Assistant City Manager reported the proposal is
to upgrade the City's network. The infrastructure is aging and this upgrade was
included in the 2000 Strategic Plan. The network upgrade will replace components that
are currently ending their useful life and will reduce and eliminate network
issues and provide additional capacity for current applications, which
are essential
upgrades
to
CITY COUNCIL MINUTES July 23, 2002
3. CONSENT CALENDAR (Continued)
The current contact with ACS gives the City the ability to amend the contract without
going out to bid. Prices were reviewed by the City's Purchasing Office and it was found
that this pricing could not be matched even compared with the State contracts.
ACS is a sub contractor and is monitored through the City Manager's Office.
The City Manager pointed out that upgrades are driven by department needs and an inter-
departmental committee reviews ongoing demands and sets priorities.
Councilmember Coontz stated the City used to have its own system and it was not up to
the standards the City has today. ACS is an extremely large organization and can
probably purchase equipment much cheaper than anyone the City can deal with.
MOTION - Cavecche SECOND -
Coontz AYES - Slater,
Alvarez, Coontz, Cavecche ABSENT - Mayor Murphy
ACTION: Approved the Thirteenth
Amendment to the Information Services Partnering Agreement with Affiliated Computer
Services (ACS) and authorized the Mayor to execute, and the City
Clerk to attest, on behalf of the City.FISCAL IMPACT: The cost
for the network upgrade in FY 2002-03 is $182,067.00,with an additional $
14,181.00 in FY 2003-04 for system maintenance. Sufficient funds are available
in account 790-1601-481303-9640 (MIS - Computer Replacement).
Note: Mayor Murphy returned to the dais.
3.8 Agreement with the City of Villa Park to provide for slurry sealing of Cerro Villa
Drive in Orange. (A2100.0 AGR-
4060)SUMMARY: The City of Villa Park intends to slurry seal that portion of Cerro
Villa Drive within the City of Villa Park between Valley Drive and Canyon Drive. A
portion of that stretch of Cerro Villa Drive is located within the jurisdictional boundaries of
the City of Orange. The City of Villa Park has agreed to cooperate with the City of
Orange by including the portion ofCerro Villa Drive that is within the City of Orange in its
scope of work, subject to reimbursement by the City of
Orange.ACTION: 1) As a responsible agency under the California Environmental Quality
Act CEQA), find that the project is categorically exempt from the provisions of
CEQA pursuant to Section 15300 of the State CEQA Guidelines; and 2) Approved
the Agreement with the City of Villa Park and authorized the Mayor to execute, and the
City Clerk to attest, said
Agreement.PAGE
CITY COUNCIL MINUTES July 23, 2002
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: The funds for this project are budgeted in account number 262-
5021-483300 (Local Street Maintenance). It is anticipated that the City's proportionate
share of the cost will be $4,
691.
BIDS 3.9 Project No. D-138; Orange County Sanitation District (OCSD)
Cooperative Project Hartman Street/Fletcher Avenue Storm Drain Improvements from
Hartman Street to Fletcher Retarding Basin. (C2500.
M.17)SUMMARY: Plans and specifications have been completed for
the Hartman Street!Fletcher Avenue Storm Drain Improvements project. The project is
ready to advertise for bids. The estimated construction cost is $623,000
including contingencies and
construction engineering.ACTION: Approved plans and specifications and authorized advertising for
bids the OCSD Hartman Street!Fletcher Avenue Storm Drain
Improvements project.FISCAL IMPACT: Funds are budgeted and available in the CIP in
the following accounts for the Hartman St./Fletcher Ave. Storm Drain
Improvements (
D-
138):
530-5011-
483300-5339
530-5011-
483400-5339
550-5011-483300-
5339 Drainage Districts
Drainage Districts OCSD
Reimbursable Total Funds
98,000.00 202,000.00 301.000.00 601,000.00
3.10 Project No. D-137; Orange County Sanitation District (
OCSD) Cooperative Project Sacramento Street Storm Drain Improvements
between Katella
Avenue and Garfield Avenue east of the SR-55 Freeway. (C2500..
M.17)SUMMARY: Plans and specifications have been completed for the Sacramento Street
Storm Drain Improvements project. The project is ready to advertise
for
bids. The estimated construction cost is $93,000 including contingencies and construction
engmeenng.ACTION: Approved plans and specifications and
authorized advertising for bids for the OCSD Sacramento Street Storm Drain Improvements project.
FISCAL IMPACT: Funds are budgeted and available in the
CIP
in
the following
accounts for
the Sacramento
Street Storm Drain
Improvements (D-137):
530-5011-483300-
5340 550-
CITY COUNCIL MINUTES July 23, 2002
3. CONSENT CALENDAR (Continued)
3.11 Project No. S.P. 3376; AHRP Project - Wanda Road Rehabilitation from Katella Avenue
to Santiago Boulevard. (S4000.S.7)SUMMARY:
Plans and specifications have been completed for the Wanda Road Rehabilitation
from Katella Avenue to Santiago Boulevard. The project is ready to be advertised.
The estimated construction cost is $254,607.00 ACTION:
Approved plans and specifications and authorized advertising for bids for the AHRP
Wanda Road Rehabilitation project.FISCAL
IMP ACT: Funds are budgeted and available in the CIP in the following accounts
for the Wanda Road Rehabilitation project:550-
5011-
483300-
4021
550-5011-
483300-
4021 550-5011-483300-
4021 Capital
Projects AHRP City
of Villa Park
Total Funds 140,
000.00 182,
132.00 107.136.00
429,268.00 3.12 CLAIMS (C3200.0)The City Attorney recommends
that the Orange City
Council deny the following
Claim(s) for damages:a. Chris A. Cruz ACTION: Denied Claim(s) for
damages
and referred to City Attorney and Adjuster.CONTRACTS 3.13 Award of Contract - Bid No. 012-
52; Well No.
8 Pump and Motor Repair.A2100.0 AGR-4061)SUMMARY: Well No.8 is
located at the southeast corner of Katella and Struck A venues. This contract
authorizes the contractor to recondition
the existing pump and replace the motor and cable.ACTION: Awarded a contract in the
amount of $44,563.60 to General Pump Company,159 N. Acacia St., San Dimas, CA 91773
and authorized the Mayor and the
City Clerk to execute on behalf of the City.FISCAL IMP ACT: Funding for
this
project is budgeted and available in the following account:
600-8011-
CITY COUNCIL MINUTES July 23, 2002
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
REMOVED AND HEARD SEPARATELY)
3.14 RESOLUTION NO. 9633 (C2500.1.1)
A Resolution of the City Council of the City of Orange honoring William R. "Bill"
Warne for six years of dedicated service on the Orange Public Library Board of Trustees.
Note: See Item No. 1.4 for Council votes.
ACTION: Approved.
REMOVED AND HEARD SEPARATELY)
3.15 RESOLUTION NO. 9639 (A4000.0 APP-
487)TAPE
1700 A Resolution of the City Council of the City of Orange upholding Appeal No.
487 approving Major Site Plan Review 206-01 for the construction of three
new dormitory units and multi-level parking structure located on the
Chapman University Campus.
Appellant:
Chapman University Discussion Councilmember Coontz noted the importance of Resolutions
reflecting the specific actions taken at hearings. She had asked that this Resolution be
amended to more accurately reflect the actions taken previously with regard to the
parking structure height and landscape plans. She also noted the importance of making motions
more specific so they address all concerns and requested the assistance from staff in
making motions if they are not definitive enough, so that when a Resolution is drawn up,
there is no question as
to its accuracy.The Assistant City Attorney explained the original Resolution did
not make specific enough reference to the plans approved by Council at the public hearing on
June 25th, and an amended Resolution was prepared and presented to Council to
address those issues.Councilmember Cavecche pointed out the Resolution makes reference
to a landscape plan dated June 12th, but the landscape plan was changed and presented to
the Council
on June 25th.It was recommended to strike all references to
June 12'h or 13th
in the Resolution.Mayor Murphy suggested that in the future, if substantive changes are
made to a document, the Council be provided with a copy of the changes highlighted,
so they know what
changes were
made.
PAGE
8
CITY COUNCIL MINUTES July 23, 2002
3. CONSENT CALENDAR (Continued)
MOTION - Coontz SECOND -
Slater AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved to approve
Resolution No. 9639 with the changes that were requested by the Council at the
advice of the City Attorney.TIME EXTENSION 3.
16 Request
for a one-year-time extension for the approval of Conditional Use Permit 2306-
99 and Variance 2078-99 - North Orange Christian Church.
C3300.0 CUP 2306-
99)Note: Councilmember Cavecche abstained as she was not a member of the Council
when this Conditional Use Permit was originally approved and due to a shortage of time
was not able to review the
file.SUMMARY: On June 13, 2000 the City Council approved Conditional Use
Permit 2306-99 and Variance 2078-99, which allowed for the expansion of
an existing church facility with the use of tandem parking spaces, upon property located at
1001
E. Lincoln Avenue.ACTION: Approved a one-year time extension for the
approvals for Conditional Use Permit
2306-99 and Variance 2078-99.FISCAL IMPACT: The request for the time extension has
no impact on the City's budget. Implementation of the project will result
in the applicant paying all applicable fees related to site development as part of the
issuance of grading
and building permits.
MOTION - Slater SECOND - Coontz AYES - Slater, Alvarez, Mayor
Murphy, Coontz, Cavecche Items3.7, 3.14 and 3.15 were removed and heard separately.
Mayor Murphy abstained on Item 3.7. Councilmember Cavecche abstained on Item 3.16. All other
items on the Consent Calendar were
approved as recommended.END
OF CONSENT CALENDAR 4. REPORTS FROM MAYOR
MURPHY - None.
CITY COUNCIL MINUTES July 23, 2002
5.REPORTS FROM COUNCILMEMBERS TAPE 2080
5.1 Mayor pro tern Alvarez - Formation of a Committee to commemorate the one year anniversary
of September 11 tho Mayor
pro tem Alvarez submitted a written outline of ideas for a September 11 th Day
of Remembrance.
He suggested this be a volunteer event whereby the public is invited to the Plaza for
a respectful remembrance with songs, prayers and a moment of silence.It
was noted the Plaza would not be closed for this event and that it should be a solemn and respectful
event.TAPE
2200 5.
2 Councilmember Coontz and Councilmember Slater - Veterans Day Memorial Celebration Councilmember
Coontz
reported the City was invited by the American Legion to participate in a Veterans Day
memorial celebration. She and Councilmember Slater have not met with the Legion to
discuss the specific events of this celebration, but will do so and report back at a later date. She
noted the importance of publicizing this event and that the Community Services Department will
help in the planning ofthe event.The Council
discussed the level of participation by the City and the Community Services Department and
the importance of having the Veterans Day Memorial Celebration remain as an annual City
event.6. REPORTS
FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.7.ADMINISTRATIVE REPORTS
TAPE 2490 7.1 Report
from Public Works Director on proposed League of California Cities Resolution 1-02,
related to Urban Runoff. (R1800.0.12)The Public
Works Director reported staff was asked by Councilmember Cavecche to report back on a
Resolution which has been submitted by the City of Rancho Santa Margarita to the Orange County Division
of the League of California Cities, which will be acted upon by a League Committee on
August 8th and then presented to the full League in October.In reviewing
the proposed Resolution, there is one area of disagreement, which is to base permit boundaries on
political boundaries rather than on the hydrological areas that are currently used as the boundaries
for the permits. There are nine regional boards created by the State which correspond with
those hydrologic areas, and it makes sense to handle things in that fashion.Therefore, staffrecommends
supporting this Resolution ifit is amended to reflect these boundary changes.PAGE
10
CITY COUNCIL MINUTES July 23, 2002
7. ADMINISTRATIVE REPORTS (Continued)
Councilmember Cavecche stated the League is voting on this Resolution on August 8th. The
Public Works Department has taken a lead in this issue, and she wanted their input so that the
City could make an educated vote on this. She agreed with the Public Works Director's
recommendation that the regional water boards should be split on water sheds and not political
boundaries, as it is also done this way according to State legislation.
Councilmember Cavecche suggested a No vote unless it is amended; and asked that a letter be
sent from the Mayor, by July 29th, stating the City's opinion.
Mayor Murphy stated there did not seem to be a lot of choice on the matter and agreed the City
should vote No unless it is amended.
MOTION - Cavecche SECOND -
Coontz AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved to Receive
and File.8. REPORTS FROM
CITY MANAGER - None.9.LEGAL AFFAIRS TAPE
2700 9.1 ORDINANCE NO.
10-02 (FIRST READING) (A2500.0 Parks, Commission)An Ordinance of
the City Council of the City of Orange amending Sections 2.60.050 and 10.06.040
of the Orange Municipal Code relating to fixing the dates and times for meetings of the Park Planning
and Development Commission and the City Traffic Commission by Resolution of the
City Council.MOTION - Alvarez SECOND -
Slater AYES - Slater,
Alvarez, Mayor Murphy,
Coontz, Cavecche Moved that Ordinance No. 10-02
be read by title only and same was set for second reading by the preceding vote.9.2
RESOLUTION NO. 9640
A Resolution of the City
Council of the City of Orange fixing the dates and times for meetings of the Park Planning and Development
Commission and the City Traffic Commission.MOTION - Alvarez SECOND - Coontz AYES -
Slater, Alvarez, Mayor
Murphy, Coontz, Cavecche
Moved to approve Resolution No. 9640.PAGE 11
CITY COUNCIL MINUTES July 23, 2002
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 6:00 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation:
I)
Chris Kuhlman, a minor, by and through his Guardian Ad Litem, Dana Kuhlman v. City of
Orange, et aI., Orange County Superior Court Case No. 02CCOII92 b.
To consider and take possible action upon such other matters as are orally announced by the City
Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates
any ofthe matters will not be considered in Closed Session.12.
ADJOURNMENT MOTION -
Coontz SECOND - Slater
AYES - Slater, Alvarez,
Mayor Murphy, Coontz, Cavecche The City Council adjourned
at 6:16 p.m.rJ:u"'<<~1i{'p---
A~ad ASSJI.NDRA J.
THCART, CMC CITY CLERK tlftRK :
1!u;
jf MAYORPAGE12