HomeMy WebLinkAbout9_24_2002 - Council MinutesAPPROVED BY THE CITY COUNCIL ON OCTOBER 8 2002
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING September 24, 2002
The City Council of the City of Orange, California convened on September 24,2002 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 Dr. Allan Stark, Orange North Rotary Club
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Cavecche
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche ABSENT -
None 1.4
PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS Employee Service
Awards presented:Victoria Beatley -
City Treasurer; Monica Vazquez - Personnel; Ladenna Menke -Police (not present); Douglas Keys -
Public Works; Kenneth Adams - Police; Derek Cook _ Police; Robert Austin - Water; Richard Hurtado -
Water; Ray Baxter - Police;William Kralich - Water; Art Romo - Police.Recognition was given to
Teen Volunteers for their outstanding service to the
Orange Public Library during the annual Summer Reading Club.Mayor Murphy announced the
newly remodeled Taft Library will re-open Saturday,
October 5th, with a dedication and ribbon cutting ceremony at noon.
Mayor Murphy announced a wood bench commissioned from the 105 year
old fallen Ficus tree on East Chapman is complete and will be placed
in the Main Library to commemorate the Flippen Family Ficus Tree.Councilmember Coontz announced the September
22nd Race for the Cure. She
introduced some of the 28 walkers who represented the City of
Orange who raised $2,000 for breast cancer research and education. It was also noted there
are City teams forming for the Alzheimer Walk on October 5th and the Heart and
Sole Walk on October 27th.An energy update was presented by Mr. Eddie Marquez, Region Manager,
Public Affairs,Southern California Edison. In response to questions by Councilmember Slater, he
noted the structure of the energy companies should not change in the
future and will remain deregulated.PAGE 1
CITY COUNCIL MINUTES September 24, 2002
2. PUBLIC COMMENTS
The following people spoke against the current Recreational Vehicle Ordinance, asking
for modifications to the Ordinance:
Ken Klein, 543 S. Shasta Way
Mil Thornton, 1243 E. Trenton
Stephen Heilman, 1429 E. Oakmont
Lois Barke, address on file
Karen Finn, 1029 W. Sycamore
Mayor Murphy announced he has agendized a discussion on the Recreational Vehicle
Ordinance for the October 8th Conncil meeting at the 4:30 p.m. Session, in order to make
recommendations and propose a redraft of the current Ordinance. This would be sent to
the Planning Commission with recommendations and ultimately return to the Council for
a public hearing.
Councilmember Coontz stated there are problems with the Ordinance, which was adopted
as part of the entire Zoning Ordinance; and suggested staff and the City Attorney look at
various Ordinances to correct any conflicts.
Mayor pro tern Alvarez suggested the Planning Commission receive the same
presentation the Council received several months ago, which included pictures of
neighborhoods and how they relate to existing codes.
3.CONSENT CALENDAR TAPE 1260
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 Conncil
agenda of a regular meeting of September 24, 2002 at Orange Civic Center, Main
Library at 101 N. Center Street, Police facility at 1107 North Batavia, Shaffer Park,
summarized on Time-Warner Communications and available on the City's
Website www.cityoforange.org, all of said locations being in the City of Orange and
freely accessible to members of the public at least 72 hours before commencement of
said regular
meeting.ACTION: Accepted Declaration of Agenda Posting and authorized its retention as
a public record in the Office of the City
Clerk.PAGE
CITY COUNCIL MINUTES September 24, 2002
3. CONSENT CALENDAR (Continued)
3.2 Request Council Confirmation of warrant registers dated September 5 and 12, 2002.
ACTION:Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, September 10, 2002.
ACTION:Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
REMOVED AND HEARD SEPARATELY)
3.5 Receive and file the City Treasurer's Report for the period ending August 31, 2002.
Councilmember Coontz asked for more clarification on the term SWEEP, suggesting
these types of terms be explained more fully for the benefit of the public.
The Finance Director explained this term is connected to the City's checking account;
that when there is an excess balance in a checking account, it is swept into a money
market fund to maximize interest earnings. In response to questions, she further
explained that more money will be put back into LAIF funds, as recent legislation has
made these accounts more secure.
MOTION - Coontz SECOND -
Alvarez AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION:Approved.AGREEMENTS
3.6
Sewer
Service Agreement - Request by Allen Denson & Marsha Denson to connect their property to City
of Orange sewer. (A2100.0 AGR-4124)SUMMARY: Allen Denson &
Marsha Denson, owners of residential real property located at 20291
East Acre Place in an unincorporated area of the County of Orange,have requested to
connect their house sewer lateral to the City sewer main in Acre Place.They have executed
a Sewer Service Agreement with the City of Orange and are requesting City Council
approval.ACTION: Approved the
connection request from Allen Denson & Marsha Denson and authorized the Mayor
and the City Clerk to execute this Sewer Service Agreement on behalf of the
City.PAGE 3
CITY COUNCIL MINUTES September 24, 2002
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: None. The property owners will pay all connection fees prior to the
sewer connection.
3.7 2002-03 Animal Control Services Contract with the County of Orange (A2100.
0 AGR-
0135.0)SUMMARY: The City of Orange contracts with the County of Orange for
animal control field and shelter services. The term of this annual renewal is July I, 2002
through June 30,2003. The contract amount is $
362,675.ACTION: Approved the proposed contract for animal control services between
the City of Orange and the County of Orange in the amount of $362,675 and
authorized the Mayor and City Clerk to execute the agreement on behalf of
the City.FISCAL IMPACT: There are sufficient funds budgeted for Fiscal Year
2002-2003 in Account number
100-
4011-
427100-2350 (Administration-Contractual Services-Animal Control).BIDS 3.8 Request authorization to
advertise the purchase and installation of fifty (50)uninterrupted power service (UPS)
devices for traffic signals also known as
battery backup systems (BBS). (S4000.S.3.3)SUMMARY: In anticipation
of emergency and random electrical poweroutages, staff has identified 50 intersectionsfor
UPS/BBS installation. The installation of UPS/BBS units will provide for
full traffic signal operation during blackout conditions, thus improving safety and enhanced traffic flow.
In order to implement such a system, 50 specially designed cabinets, housing both
the UPS/BBS
unit and batteries must be purchased and installed.ACTION:
Approved the specifications and authorized advertising of bids.FISCAL IMPACT: I) Funds for this project
are available utilizing TSIP Area B funds in the Uninterruptible Power
Supply Account No. 284-5032-483100-6466 in the amount of 125,000.00; and 2) The
City applied for and was approved to receive $129,640.00
funding through The Battery Backup Systems (BBS) Funding Program administered by the California
Energy Commission. $125,000 of funding is budgeted for this project.129,640 of
grant
funding will be appropriated at time of award of contract.CONTRACTS 3.9 Award of
Contract - Bid No. 012-55 - Wanda Road Rehabilitation
from Katella
CITY COUNCIL MINUTES September 24, 2002
3. CONSENT CALENDAR (Continued)
SUMMARY: The bids were opened on September 6,2002. Nine (9) bidders responded
to the invitation for bids. The apparent low bidder is Ruiz Engineering Company of Long
Beach for $175,586.50. The Engineer's Estimate is $221,398.00, which is 20.69% higher
than low bid.
ACTION: Awarded the contract in the amount of $175,586.50 to Ruiz Engineering
Company, 1344 Temple Avenue, Long Beach, CA 90804 and authorized the Mayor and
City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are available in Fiscal Year 2002/2003 Capital Improvement
Project in the following accounts:
500-
5011-
483300-
4021 550-5011-
483300-
4021 550-
5011-483300-
4021 Capital
Proj ects
AHRP VillaPark
140,000 182,132
107.136 429,268 Total REMOVED AND HEARD SEPARATELY)
3.10 Contract Change Order
No.1;
Bid No.Community Park. (A2100.
0 AGR-3965)TAPE 1365 012-27; Project No. SP-3373, Grijalva SUMMARY:
Contract Change Order No. I authorizes payment for extra work at agreed prices.
The
amount of Contract Change Order No.1 is $152,980.71.Discussion Mayor
pro tern Alvarez expressed concern about the amount of the proposed change order and asked about
the item in the change order which adds a sports equipment storage facility. He asked to see
the plans for this storage facility as he was concerned about the design and its
proximity to surrounding neighborhoods. He did not want a repeat of the problems at the
McPherson Athletic
Field with the snack bar which is close to the neighboring homes.The
Community Services Director explained this storage facility was part of the original alternative bid package and
will be used to store equipment for the youth sports teams. It is a block
structure with no roof and will not be adjacent to any neighborhood.
Councilmember Coontz confirmed that the cultured stone outlined in the change order was an
upgrade and the amount is within the limits established for change orders.
Councilmember Slater stated that because this structure was designed by the original architect to be aesthetically pleasing,
will not be near any homes
and has no roof, he was in support of the change order.The discussion was continued for
a few minutes in
order for
CITY COUNCIL MINUTES September 24, 2002
3. CONSENT CALENDAR (Continued)
TAPE 2040
Staff provided the plans, and reported the storage facility will be on the west side of the
property, approximately 150 feet from any neighborhood. The stone enclosure will
provide a fayade for a metal storage bin and will also help prevent vandalism. The
facility will be 9-1/2 feet high, 25 feet wide and 34 feet deep, with no
roof.Councilmember Coontz asked about any potential conflict of interest for Mayor pro
tern Alvarez who lives in the
area.The City Attorney stated that Mayor pro tern Alvarez believes he lives further than
500 feet from this area, and therefore, would not pose a conflict of
interest.MOTION - Alvarez
SECOND - Coontz AYES -
Slater, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Approved
Contract Change Order No. I in the amount of $152,980.71 to Consolidated Construction
Services, Inc. for the extra work.FISCAL IMPACT:
Funds are budgeted or are available in the following account:510-7021-
485100-0149 $152,980.71 (Grijalva Community
Park)
PURCHASES 3.11 Approval of purchase of wireless CDPD (Cellular Digital Packet Data)
modems from Leap Communications, installation of modems by L & E Mobile Mounts,
and monthly network access from AT&T. (C2500.
K)SUMMARY: The Police Department is currently using a 9600 baud RF wireless
data service for its data communications to the patrol cars. The service is currently
provided by the City of Brea. Recent testing proved that CDPD far exceeds current mobile
data service performance standards with the average time between message and receipt
of message at less than 3 seconds. It is the department's intention to immediately
move toward CDPD for provision of reliable data transmission to field
personnel.ACTION: Approved purchase of modems from Leap Communications in the amount
of 42,510; installation of modems by L & E Mobile Mounts in the amount of$5,000;
and annual network access from AT&T in the amount of$23,
520.FISCAL IMPACT: $71,030 will be available in the following
accounts:13,
090 15,
430 42,
510 355-4011-427800 (Federal Asset
Forfeiture-Other Contractual Services)100-
4011-427800 (General Fund-
Other Contractual
Services)
355-
CITY COUNCIL MINUTES September 24, 2002
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.12 RESOLUTION NO. 9656 (S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing Olive Street
from Chapman Ave. to Almond Ave. from 6:00 A.M. to 3:00 P.M. on Saturday, October
5, 2002 for a special event at the Orange Senior Center.
Motorcycle Rally
ACTION: Approved.
3.13 RESOLUTION NO. 9657 (A2100.0 AGR-
4126)A Resolution of the City Council of the City of Orange Amending Resolution No.
9562 Relating to a Retiree Health Savings Plan for the Executive Directors and
Top Management
Employees.ACTION:
Approved.3.14 RESOLUTION NO. 9660 (A2100.0
AGR-4126)A Resolution of the City Council of the City of Orange Establishing a
Retiree Health
Savings Plan.
ACTION: Approved.3.15 RESOLUTION NO. 9658 (
C2500.M)A Resolution of the City Council of the City of Orange approving the
application for grant funds for Fiscal Year 2002-03 under the Habitat Conservation Fund
Program of the California Wildlife Protection Act of 1990 for the restoration of the
natural habitat along a portion of Santiago Creek from the boundary between the cities of
Santa Ana and Orange
to Cambridge
Street.ACTION: Approved.3.16 RESOLUTION NO. 9659 (C2500.
M.16.1)A Resolution of the City Council of the City of Orange approving
Lot Line Adjustment LL 2002-10 combining three parcels of certain real property
situated at 1934-2003 East Locust Avenue in the City of Orange, County
of Orange, State of
California.Owner:
Courtyard Apartments,
LLC
CITY COUNCIL MINUTES September 24, 2002
3. CONSENT CALENDAR (Continued)
TRACT MAP
3.17 Tract Map No. 16218 - Request for approval. (T4000.0 TRM 16218)SUMMARY:
Tract Map No. 16218 creates a 2l-lot single family Planned Unit
Development at 1740 East Bolingridge Drive.
ACTION: Approved the Final Tract Map No. 16218, and accepted dedications of the
water and sewer systems in easements as shown on the Tract Map.
FISCAL IMPACT: None.
3.18 Serrano Heights Park Conceptual Site Plan (C2500.M.4.21)
SUMMARY: The City has approved the tentative tract map for the residential
development in Serrano Heights that included a four-acre neighborhood park.
The developer, Sun-Cal, retained a Landscape Architectural firm to prepare
design and construction documents for the park. The Park Planning and
Development Commission has reviewed the design and given input to the park design. On July 11,
2002, the Commission recommended approval of the final site plan to the
City Council.ACTION: Approved the Final Site Plan for Serrano
Heights Park.FISCAL IMPACT: The Serrano Heights Community Facilities District No.
91-2 will fund the cost of design,
engineering and construction.
MOTION - Alvarez SECOND -
Coontz AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche
Items 3.5 and 3.10 were removed and considered separately. All other items on the
Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR MURPHY - None.5.
REPORTS FROM COUNCILMEMBERS TAPE 1600 5.
1 Councilmember Cavecche - Vector Control- Report on West Nile Virus Councilmember Cavecche
reported there has been a diagnosed case of the West Nile Virus in Los Angeles,
and residents do need to be aware of potential problems. Standing water can attract mosquitoes and
needs to be taken care of. Residents can contact the Orange County Vector PAGE 8
CITY COUNCIL MINUTES September 24, 2002
5. REPORTS FROM COUNCILMEMBERS (Continued)
Control who will treat standing water and also provide mosquito eating fish, if necessary. She
also noted the problems with horses in the Orange Park Acres area.
5.2 Mayor pro tern Alvarez - Report on recent visit to Orange's Sister City, Orange,New
South Wales, Australia.Mayor
pro tern Alvarez reported on his recent visit to Orange, Australia, noting the parallels between
the two cities. He presented gifts from Australia to John Burkhardt, President of the Sister
City Organization, which included a map of Orange, Australia's original square mile, a history
book, a magazine and a large plate, as Orange Australia is known for its pottery.Mr.
John Burkhardt, President, Sister City Organization, briefly reported on their recent trip,noting
that Orange, Australia has extended an invitation to Councilmembers, employees and citizens
to visit Australia next year for an anniversary celebration of the relationship between the two
Orange cities.6.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.7. ADMINISTRATIVE
REPORTS - None.8. REPORTS FROM
CITY MANAGER - None.9. LEGAL AFFAIRS - None.
10. RECESS TO THE MEETING
OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION
The City Council recessed at
5:50 p.m. to a Closed Session for the following purposes:a. Conference with Legal Counsel -
Anticipated Litigation. Significant exposure to litigation pursuant to Subdivision (b) of Section
54956.9: One potential case relating to the Lincoln Club's challenge to City's campaign ordinance.
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 of the matters will
not be considered in Closed Session.7:00 P.M. SESSION 12.
PUBLIC COMMENTS TAPE 2260 Jeannine
Lawrie, 2512 Shady Forest, speaking
on behalf of the Orange Dog Park Association,asked for support of a dog
park at Yorba Park.PAGE 9
CITY COUNCIL MINUTES September 24, 2002
12. PUBLIC COMMENTS (Continued)
Lois Barke, 2022 Spruce, spoke in support of redrafting the Recreational Vehicle Ordinance,
noting this item has been agendized for the October 8th Council meeting at the 4:30 Session.
The following people spoke on the noise and traffic problems on East Chapman Avenue. Their
comments included problems associated with noise, traffic volumes and speed; the formation of
the East Chapman Residents Coalition (ECRC); the noise study initiated by the City; safety
concerns with ingress and egress onto Chapman; safety of using horse trails; motorcycle riders;
the need for a sound wall; and the need for the City, County, The Irvine Company and local
residents to work together on these problems.
Bobbie Bloecher, 20132 E. Chapman - submittedpetition containing approximately 59 names Joy
McCormack, 20162 E. Chapman Don
Gillespie, 20031 E. Chapman Fran
Klovstad, 20131 E. Chapman Marita
Liebesman, 7318 Cambria Circle Cathy
Crair, 7117 Brighton Circle Laurie
Marine, 1290 Orange Park Boulevard Mark
Sandford, address on file 13.
PUBLIC HEARINGS TAPE 2970 13.
1 JOINT PUBLIC HEARING WITH THE REDEVELOPMENT AGENCY PROPOSED
DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF ORANGE, THE REDEVELOPMENT AGENCY AND THE ORANGE HOUSING
DEVELOPMENT CORPORATION - SENIOR HOUSING PROJECT RA2100.0
AGR-4123)Time
set for a joint public hearing with the Redevelopment Agency to consider a proposed Disposition
and Development Agreement between the City of Orange, the Redevelopment Agency
and the Orange Housing Development Corporation for the development of a six-unit
affordable senior housing project, upon property located north of La Veta Avenue between Olive
Street and Lemon Street.
See ORA Minutes Item No. 11.1)
The Economic Development Director summarized the report, indicating an additional
appropriation is needed because recent legislation now requires that any affordable housing
project which uses HOME money must pay Davis Bacon wages, which are higher than the fair
market in Orange County.
MAYOR MURPHY OPENED THE PUBLIC HEARING
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING
PAGE1Q
CITY COUNCIL MINUTES September 24, 2002
13. PUBLIC HEARINGS (Continued)
Councilmember Slater spoke in support of this project as he and Mayor pro tern Alvarez are
heavily involved with the project through their Rotary Club. He also commented on the
excessive costs caused by the Davis Bacon Act.
Council Action
RESOLUTION NO. 9654
A Resolution of the City Council of the City of Orange approving a Disposition and
Development Agreement by and among the City of Orange, the Orange Redevelopment Agency
and Orange Housing Development Corporation regarding property located north of La Veta
Avenue between Olive Street and Lemon Street and making certain findings.
MOTION - Slater SECOND -
Alvarez AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved to approve
Resolution No. 9654.MOTION - Slater SECOND -
Alvarez AYES - Slater,
Alvarez, Mayor Murphy,
Coontz, Cavecche Moved to appropriate an additional $113,
176 in Housing Set-Aside funds to Account No. 941-9800-485701-9205 (Housing Set-
Aside Development Loan) for the project [Agency].MOTION - Slater
SECOND - Alvarez AYES -
Slater, Alvarez, Mayor
Murphy, Coontz, Cavecche Moved to commit an additional $
127,824 in federal HOME Investment Partnership Act funds as available Capital Outlay Development Funds
in Account No. 317-9660-485100-1250 for the project and
transfer to Account No. 317-9660-485802-9205 (HOME Development
Grant)
City].14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
The City Council adjourned at 7:34 p.m.
t;~c~
E.MURP Y
DEPUTY CITY CLERK
1JJj) ;J!A~HY
MAY
PAGE 11