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HomeMy WebLinkAbout9_10_2002 - Council MinutesAPPROVED BY CITY COUNCIL ON SEPTEMBER 24, 2002 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING September 10, 2002 The City Council of the City of Orange, California convened on September 10, 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 Sister Marie Jeanne Gaillac, Sisters ofSt. Joseph 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by U. S. Army Captain Jeff Sibley 1.3 ROLL CALL PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS TAPE 150 Mayor pro tern Alvarez announced an event commemorating September II, Orange Remembers, will take place on September II, 2002 7:30 p.m. in the Plaza..Councilmember Coontz announced the American Legion will conduct a flag retirement ceremony for old, tom or dirty flags on Saturday, September 21,2002 at 11:00 a.m. at the American Legion Headquarters, 143 S. Lemon.Mayor Murphy announced:September is Library Card Sign Up Month and suggested residents stop by the Library to sign up for library cards and also look at all the resources the Library has to offer. Children who sign up for a card will receive a cool prize.A new Miss Orange, Tia Swatzell, was selected Saturday, September 7th.The tot lot equipment at EI Modena Park was dedicated on Sunday, September 8th.2.PUBLIC COMMENTS TAPE 230 Arlen Craig, address on file, spoke on the need for funding for environmental issues, such as trails, parks, greenways and a recreation center; and that the budget needs to be prioritized for these items.PAGE 1 J CITY COUNCIL MINUTES September 10, 2002 2. PUBLIC COMMENTS (Continued) Patty Boardman, 536 Priscilla Way, Anaheim, representing the Living History Alliance, invited everyone to attend an event entitled All Around the Old Courthouse, a celebration of Orange County history, on Saturday, October 19th. This is a fundraising effort to support programs to teach local history in schools. Sue Craig, address on file, invited everyone to attend a Watershed Clean Up Day on Saturday, September 21 st, to clean up sites along Santiago Creek. Mary Dargatz, 2534 E. Burly, thanked Park Commissioner Lisa Blanc, the entire Park Planning and Development Commission and the Community Services Department for removing the poles at Yorba Park. She also asked for assistance with the block wall surrounding the La Veta tract homes which is in need ofrepair after graffiti was removed from the walls. Tom Andersen, address on file, thanked the City for their sponsorship of the Sixth Annual Watershed Clean Up Day. Bob Bennyhoff, 10642 Morada Drive, congratulated the Council for their efforts in developing park sites throughout the City; stating this Council has done more than any other Council in this effort. 3.CONSENT CALENDAR TAPE 620 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 September 10, 2002 at Orange Civic Center, Main Library at 101 N. Center Street, Police facility at 1107 North Batavia, the 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.PAGE CITY COUNCIL MINUTES September 10, 2002 3. CONSENT CALENDAR (Continued) 3.2 Request Council Confirmation of warrant registers dated August 22 and 29, 2002. ACTION:Approved. 3.3 Request approval of City Council Minutes, Regular Meeting, August 27, 2002. ACTION:Approved. 3.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION:Approved. AGREEMENTS 3.5 Cooperative Agreement No. C-95-986 Amendment No. 3 between the City of Orange and the Orange County Transportation Authority as a formal recognition of Semi-Annual Review adjustments to the Combined Transportation Funding Program allocations and project scheduling. (A2100. 0 AGR-2397.3)SUMMARY: Semi-annual reviews ofproject allocations and schedules between the City of Orange and Orange County Transportation Authority staff result in needed adjustments and project scheduling which accommodate project delay and accelerations.Cooperative Agreement No. C-95-986 Amendment No. 3 formalizes the agreed upon adjustments bi-annually as indicated on the attached schedule.ACTION: Approved Cooperative Agreement No. C-95-986 Amendment No. 3 and authorized the Mayor and City Clerk to execute on behalf of the City Council.FISCAL IMPACT: No impact on the budget. Adjustments to projects and schedules did not create any impact on the City of Orange budget.BIDS 3.6 Finish and install electrical equipment for Well No. 26. Approval of plans and specifications and authorize advertising for competitive bids. (C2500.M)SUMMARY: Plans and specifications have been completed to furnish and install electrical equipment for Well No. 26. The project is ready to be advertised. The estimated cost is $195,000.ACTION: Approved plans and specifications and authorized advertising bids to furnish and install electrical equipment for Well No. 26.FISCAL IMPACT: Funds are budgeted and available in the following CITY COUNCIL MINUTES September 10, 2002 3. CONSENT CALENDAR (Continued) 3.7 CLAIMS (C3200.0) The City Attorney recommends that the Orange City Council deny the following Claim(s) for damages: a. Victoria Cardona b. Jim Chiapuzio c. Maria Galindo d. Jeanne L. Reho e. David and Reva Sanchez f. Melanie Ann Steffens g. Janrose Thompson ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.8 Final Acceptance of Bid 001-41; SP-3362; Annual Service Contract for Concrete Replacement at Various Locations 2001-2002 and authorization to file Notice of Completion with the County Recorder (No staff report required).SUMMARY: Bid 001-41; SP-3362; Annual Service Contract for Concrete Replacement at Various Locations 2001-2002. Contractor: Elite Bobcat Services. Staff recommends acceptance of improvements.ACTION: Accepted public work improvement, authorized release of Great American Insurance Company of Ohio, Bond No. 3419099, in the amount of $193,940.00, and authorized the Mayor and City Clerk to execute the Notice of Completion.FISCAL IMP ACT: None.3.9 First Amendment to contract between City of Orange and Shaw Contract Flooring Services, Inc., dba Spectra Contract Flooring, for carpet replacement for the City's Fire Department Headquarters Building. (A2100.0 AGR-4048.1)SUMMARY: The First Amendment to Contract with Shaw Contract Flooring, d.b.a.Spectra Contract Flooring, will allow all of the carpeting in the Fire Department Headquarters to be replaced for a not-to-exceed amount of$21,910.ACTION: Approved First Amendment to Contract with Shaw Contract Flooring Services, Inc., dba Spectra Contract Flooring, 11411 Valley View Street, Cypress, CA 90603, in the amount of$21,910, and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: Sufficient funds are available in CITY COUNCIL MINUTES September 10, 2002 3. CONSENT CALENDAR (Continued) DONATIONS 3.10 Accept donation from Orange resident for use in the Fire/Rescue Paramedic Program. (C2S00.H) SUMMARY: An Orange resident has donated a check in the amount of $500.00 to be used to support the Fire Department's FirelRescue program. ACTION: Accepted this donation in the amount of $500.00 and appropriated the funds to Account No. 100-3021-446500 ( Fire Equipment).FISCAL IMPACT: The $500.00 donation will augment the FirelRescue Paramedic budget. FACILITIES USAGE 3.11 Request to open and use the Main Library for a free pnblic training event on how to read aloud to children, on Thnrsday evening, November 14, 2002. ( C2S00.I)SUMMARY: Orange Public Library, in partnership with Chapman University and the Junior League of Orange County, seeks Council authorization to open and use the Main Library from 7:00 p.m. to 8:30 p.m. Thursday, November 14, 2002, for training open to the public free of charge on how to read aloud to children.ACTION: Approved request to allow use of the Main Library from 7:00 p.m. to 8:30 p.m. Thursday, November 14, 2002, for a free public training event on how to read aloud to children.FISCAL IMPACT: The cost of 1.5 hours electrical power usage at the Main Library is the only direct fiscal impact involved. Indirectly, five staff members - e.g., theLibraryDirector, the Senior Librarians of Children' slBranch Services and Adult Services, a Reference Librarian, and a Circulation Clerk - will adjust their work schedules so they can be present that evening; no overtime will be charged. No library supplies are involved. FEES 3.12 Request approval of Emergency Transport Fee Changes. (C2S00.H) SUMMARY: Emergency Ground (transportation) Ambulance rates for Orange are consistent with those approved by the Orange County Board of Supervisors. The Supervisors approved new rates effective July I, 2002 and the City Council needs to take similar action approving rates for the City of Orange. PAGE 5 CITY COUNCIL MINUTES September 10, 2002 3. CONSENT CALENDAR (Continued) ACTION: Approved the rate schedule for emergency (transportation) ambulance services adopted by the Orange County Board of Supervisors on July 16, 2002 with an effective date ofJuly 1, 2002. FISCAL IMP ACT: The transportation fee changes will result in an approximate revenue increase of$110,396.00. PURCHASES 3.13 Purchase of print and non-print materials for Orange Public Library facilities from Baker & Taylor, Inc., in the amount of $170,000. (C2500. I)SUMMARY: This is a request that the City Council authorize a $170,000 purchase order with Baker & Taylor, Inc., for print and non-print materials (i.e., books, videos, compact disks, computer software, etc.) for the Main Library, and the Taft and El Modena Branch Libraries.ACTION: Approved purchase of print and non-print materials for Orange Public Library facilities from Baker & Taylor, Inc. in the amount of $170,000.FISCAL IMPACT: Sufficient funds exist in account 100-2001-443101-0000 - Library Books - $170,000.RESOLUTIONS REMOVED AND HEARD SEPARATELY)3.14 RESOLUTION NO. 9651 ( S4000.0)TAPE 640 A Resolution of the City Council of the City of Orange temporarily closing Shaffer St.from Chapman Avenue to Almond Avenue from 6:00 a.m. to 10:00 p.m. on Saturday,October 19,2002, for a special event at St. John's Lutheran Church. Annual Family Fall Festival Discussion Shirley Gower, St. John's Lutheran Church, submitted a request that Shaffer Street be closed beginning Friday, October 18, at 4:00 p.m. The festival has been expanded with larger rides, and the carnival company needs additional time to set up the rides and booths.Mayor pro tern Alvarez asked if this event could be included in the annual list of street closures CITY COUNCIL MINUTES September 10, 2002 3. CONSENT CALENDAR (Continued) It was suggested that staff work with the applicant to determine if this could be included in the annual list, as the church would have to submit an application a year ahead of time, and the event does not always fall on the same weekend every year. In response to questions by Councilmember Cavecche, the Assistant City Engineer noted the barriers would be the same for the extended closure. MOTION - Alvarez SECOND - Coontz AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Approved with revised times - from 4:00 p.m. on Friday, October 18, 2002 to 10:00 p.m. on Saturday, October 19, 2002.MOTION - Alvarez SECOND - Coontz AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Item 3.14 was removed and heard separately. Allother items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR MURPHY 4.1 Consideration of appointments to the following committees:Community Development Block Grant Program Committee Mayor Murphy asked that this appointment be continued to a later date.Community Video Advisory Board MOTION - Murphy SECOND - Alvarez AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to appoint Nancy Weed to the Community Video Advisory Board, term to expire June 30,2003.PAGE 7 CITY COUNCIL MINUTES September 10, 2002 4. REPORTS FROM MAYOR MURPHY (Continued) Design Review Committee MOTION - Murphy SECOND - Coontz AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to appoint Craig Wheeler and Jon Califf to the Design Review Committee, terms to expire June 30, 2003.5.REPORTS FROM COUNCILMEMBERS TAPE 870 5.1 Mayor pro tern Alvarez to present the following reports:a. Recent trip to Orange's Sister City, Orange, New South Wales, Australia.Mayor pro tern Alvarez suggested this item be continued to a time when a representative of the Sister City Association can be present at the Council meeting.b. Latino roundtable discussion on August 23, 2002 with President Bush on his "No Child is Left Behind" Act regarding education in Orange County.Mayor pro tern Alvarez reported he was given the honor of representing the City at the Latino Roundtable with President Bush on August 23'd. The Council had given him input on what he should discuss with the President and he reviewed the education challenges Orange has encountered and the Council's commitment in support ofretaining good teachers in Orange and implementing the President' s programs.Mayor pro tern Alvarez spoke on the President's commitment to education and literacy and also his commitment to the direction the country is going after the September 11 attacks, in which the President noted the September 11 tragedy should not deter the type of Americans we are and what we stand for. Mayor pro tern Alvarez stated it was an honor to represent the City and to meet President Bush. Non-Agenda Item Councilmember Coontz - stated she had been asked by various people about the timing of certain hearings. She stressed the importance of having upcoming issues and events calendared ahead of time for the benefit of the Council and the public, so that they know when these issues will be coming before the Council. There are many issues, including the Chapman University Specific Plan, Master Plan of Recreation Trails, Santiago Creek Trail, Tustin Branch Trail, the dog park, Sully Miller development, R.I. Noble development, emergency preparedness,recreational vehicle parking and Sanitation Fees. It is also important for the sake of the Planning Commission, Design Review Committee, Park Planning and Development Commission and all the different committees that might be involved in these issues; as well as for the public who speak on these issues under Public Comments at Council meetings.PAGE 8 CITY COUNCIL MINUTES September 10, 2002 5. REPORTS FROM COUNCILMEMBERS (Continued) The City Manager stated the Council currently receives a schedule of advertised public hearings, but he will provide them with a more diverse master planning calendar with tentative dates. It was suggested this calendar also include issues coming before the Design Review Committee, Planning Commission and Parks Commission, which will help in establishing a time frame for various issues; and also include schematics of best and worst case scenarios. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 1350 6.1 Annual Cable Report presented by Pat Buttress, President of the Community Video Advisory Board (ORI800.0.28) Pat Buttress, Community Video Advisory Board President, summarized the Annual Report and submitted a new logo designed for the Board. The Board is trying to do more advertising and programming and encouraged citizens to become more involved for better programming on Channel 6. Councilmember Coontz asked the Board to consider a program on the annual Veterans Memorial event on November 11; and also asked about the problems with Channel 6, which gets stuck on one channel mostly on weekends. Linda Johnson, Time Warner Communications, stated the most recent problems were with the software and they were taken care of. She stated there was also a small problem with human error as it is not monitored at all times, and suggested that any problems be brought to her attention, even on the weekends, as they do have 24 hour service available. Mayor pro tern Alvarez asked about programming for one-time only events and what the protocol was for handling service complaints.Linda Johnson reported routine complaint calls are handled through their office. However, if the City or Council receives a call, those calls should go directly to her and she will report back on the resolution of the problems. She noted the number of complaints are down considerably as a recent upgrade has made their equipment more reliable.Councilmember Cavecche noted the City needs to get requests to the Community Video Advisory Board as soon as possible, to ensure there is adequate funding available for the requests.MOTION - Coontz SECOND - Cavecche AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Received and Filed.PAGE 9 CITY COUNCIL MINUTES September 10, 2002 7. ADMINISTRATIVE REPORTS 7.1 Report from Personnel Director on City of Orange Police Associations salary adjustments, effective June 30, 2002. (C2S00.J.4.2) SUMMARY: Per Resolutions No. 9386 and 9385, which identify salary and benefits for the City of Orange Police Management Association and the City of Orange Police Association, a salary increase of two percent (2%) is required based upon the results of a recently completed salary survey of 11 pre-selected cities. The total cost for this salary adjustment for fiscal year is 360, 000.Mike Harary, Personnel Manager, provided a summary of the report.Mayor pro tern Alvarez asked about the salary survey of II cities and why Newport Beach,Westminster, Brea and Garden Grove were included, as they did not seem to be comparable cities.Mr. Harary stated these 11 cities were recommended as being fairly comparable with Orange and that the survey is a contract negotiation issue.Mayor pro tern Alvarez stated Orange is a larger city with other issues and he wanted to ensure that Orange is ranked comparably and asked staff to take a closer look at the cities included in future surveys.MOTION - Slater SECOND - Alvarez AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Authorized the Finance Department to implement these salary increases in the amount of 2% retroactive to June 30, 2002. Additionally, authorized a budget transfer in the amount of $ 250,000 from 100-0000-410000 (Non-Departmental) and appropriate $110,000 from the umeserved fund balance in the General Fund to the appropriate Police Department salary accounts.FISCAL IMP ACT: Funds totaling $250,000 have been previously budgeted in Non-Departmental and are available for this transfer. Adequate funds are also available in the General Fund Unreserved Fund Balance for the $110,000 appropriation.8. REPORTS FROM CITY MANAGER - None. PAGE 10 CITY COUNCIL MINUTES September 10,2002 9.LEGAL AFFAIRS TAPE 1845 9.1 ORDINANCE NO. 8-02 (SECOND READING) (A2500.0 Transportation Demand Mgt Program)An Ordinance of the City Council of the City of Orange deleting Chapter17.40 of the Orange Municipal Code and adding Chapter 10.83 amending the City's Transportation Demand Management Program.MOTION - Alvarez SECOND - Coontz AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance No. 8-02 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 MOTION - Murphy SECOND - Alvarez AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to find the matter ofNieupointe vs. City of Orange arose after the posting of the Agenda and there is a need to take immediate action in Closed Session.The City Council recessed at 5:45 p.m. to closed session:a. 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 - Alvarez SECOND - Murphy AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche The City Council adjourned at 6:45 p.m. The next regular Council meeting is scheduled for September 24, 2002.Y PAGE 11 I .----~~~- .