HomeMy WebLinkAbout10_23_2001 - Council MinutesAPPROVED BY THE CITY COUNCIL ON NOVEMBER 13, 2001
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING October 23, 2001
The City Council of the City of Orange, California convened on October 23,2001 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 Reverend Joseph Magliato, Son Light Christian Center
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Slater
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS The following
employees received Employee Recognition Awards:Victoria Makshanoff -
Finance (not present); Marti Hein - Police; Claudio Aguilar -CommunityServices; Sean O'Toole -
Police; Arthur Lobato - Community Services;Keith Wagerle - Fire (not present); Kathleen Wilson -
Police; Richard Alarcon - Fire not present); Philip Lemke - CommunityServices; William Wagner - Water (not
present); Robert Dotson (not present) - Fire; Thomas Martin - Fire (not present); David
Smith-Fire Mayor Murphy announced:Communitycelebration on Veteran'sDay, November 11, 2001,
Depot
Park, 2:00
pm Orange Police Department's Youth Services Bureau was recognized for receiving a
special
Community-Oriented Police Award by the Orange County Human Relations Cornmission
on October 17, 2001.Treats through the Streets, October 25,
2001 from 4:00 to 7:
00 pm in the Old Towne Plaza area. Participants are encouraged to bring a can to help
scare away hunger while enjoying a fun and family event.Recognition of Lieutenant Jim
Hudson who will be leaving the City to
become a Captain with the City of Alhambra Police Department.PAGE 1
CITY COUNCIL MINUTES October 23,2001
2. PUBLIC COMMENTS
Sally and Rick Cryder, 307 S. Wrightwood, displayed their Angel Memorial Project which they
are taking to New York to present to the families of firefighters, police officers, crew members
and passengers from the September 11 th tragedy. They presented 2 angels to Mayor Murphy
along with a sample letter and asked Mayor Murphy to send the angels to Mayor Giuliani asking
for their help to get firefighter and police officers miniature badges in order to place on the
angels. They also need to contact American and United Airlines for their miniature badges to
personalize angels for the crew members who died. They have a sympathy card and if anyone
wants to write a note, these cards will go out to all victims families which is about 7,000 cards.
Mrs. Cryder further indicated they want a memorial in the City of Orange before they send the
angels.
Mr. Cryder indicated the County had a pipe band and they would be willing to attend the City's
November 11 th celebration. Mayor Coontz invited Mr. Cryder to the celebration and display the
angel memorial project and solicit volunteers.
Mayor Murphy indicated he would put together a letter to Mayor Giuliani and see if there were
people that would be willing to assist in the project. Anyone that can volunteer on this project is
more a reward for the person involved that can be imagined. It's an extraordinary project.
3. CONSENT CALENDAR
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 October 23, 2001 at Orange Civic Center, Main
Library at 101 N. Center Street, Police facility at 1107 North Batavia, the
Eisenhower Park Bulletin Board, and summarized on Time-
Warner Communications, 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 October 4 and 11,
2001.ACTION:
Approved.REMOVED AND HEARD
SEPARATELY)3.3 Request approval of City Council Minutes, Adjourned Regular Meeting of
October 2, 2001 and Regular Meeting of October 9,
2001.PAGE
CITY COUNCIL MINUTES October 23,2001
3. CONSENT CALENDAR (Continued)
MOTION - Murphy SECOND -
Alvarez AYES - Slater,
Alvarez, MayorMurphy, Coontz, Cavecche ACTION: Moved to
continue the minutes of the Regular Meeting of October 9, 2001 and approve the
Adjourned Regular Meeting of October 2,2001.3.4 Consideration
towaive reading in full of all ordinances on the Agenda.ACTION:Approved.3.
5 Receive
and file the City Treasurer's Report, period ending September 30, 2001.ACTION:Approved.AGREEMENTS
3.6
An
agreement with a private building plan check firm to temporarily continue on-site plan checks
and related public counter services for the Building Division.A2100.0 AGR-
3375.A)SUMMARY: The
goal of the Building Division is to provide quality plan checking services at
the public counter throughout the business day. The Department continues to experience a
staff shortage, which makes it difficult to meet that goal. This new agreement will
provide for a continued, but temporary, augment of our existing staff with the use
of an on-site plan check consultant.ACTION:
Approved agreement with CSG Consultants to temporarily continue on-site
plan checks and related public counter services for the Building Division not to exceed
50,000 and authorized the Mayor and City Clerk to execute a new agreement.
FISCAL IMPACT: Funding for this type of contractual service has been requested and
approved with the fiscal year 2001-2002 budget. $50,000 from line item
100-6033-427800-0000 Other Contractual Services
will be used.3.7 First Amendment to Consultant Services Agreement with
Sidawi & Associates for professional engineering services at Serrano Pump Station
and Lower Serrano Pump Station. (A2100.
0 AGR-3544.1)SUMMARY: This contract amendment is for additional
survey services
performed by Sidawi & Associates.ACTION: Approved the first amendment to Consultant
Services Agreement with Sidawi Associates and authorized the Mayor and City Clerk to execute on
behalf of the City.FISCAL IMPACT: Funds are budgeted and available for the
contract amendment in the following account: 601-8011-484102-
8223 Serrano
CITY COUNCIL MINUTES October 23, 2001
3. CONSENT CALENDAR (Continued)
3.8 First Amendment to Consultant Services Agreement with Richard Slade &
Associates for professional hydrogeological services at Well No. 26.
A2100.0 AGR-3651.
1)SUMMARY: This contract amendment is for additional survey services performed
by Richard Slade & Associates for quality control inspection during several phases of
Well No. 26
construction.ACTION: Approved the first amendment to Consultant Services Agreement
with Richard Slade & Associates and authorized the Mayor and City Clerk to execute
on behalf of the
City.FISCAL IMPACT: Funds are budgeted and available for the contract amendment in
the following account: 601-8011-484101-8118 Water Well No.
26 $2,220.00 3.9 First Amendment to Legal Services Agreement with the
law firm of Woodruff,Spradlin & Smart for tort litigation services. (A2100.0
AGR-2886.V.A.l)SUMMARY: the City has retained Woodruff, Spradlin &
Smart to provide legal services in connection with matters related to tort liability. The
City Attorney is requesting that the Agreement be amended to increase the not to exceed
amount from $
100,000 to 350,000.ACTION: 1) Appropriated $165,000 from
SelfInsurance Fund umeserved fund balance to account 740-0301-426100 and 2) Approved
and authorized the Mayor and City Clerk to execute the First Amendment to
the Agreement with Woodruff, Spradlin & Smart on behalf of the City for
an amount not to exceed $350,000.FISCAL IMPACT: Funds to be
appropriated from umeserved funds
to
the Legal Services Account No. 740-0301-426100.APPROPRIATIONS 3.10 Appropriation
from Federal Asset Forfeiture funds to upgrade the budgeted replacement
often Kawasaki motorcycles to ten BMW motorcycles. (C2500.K)SUMMARY: The
Police Department is scheduled to replace ten Kawasaki motorcycles in FY 2001-02.
The Department is proposing to upgrade these replacements to BMW motorcycles due
to increased safety features, reliability and performance. The cost to purchase ten BMW's is $190,780.
There is $98,570 budgeted to cover the cost of replacing ten Kawasaki's.
The additional $
92,210 will be budgeted from Federal Asset Forfeiture funds.
ACTION: 1) Appropriated $92,210 to Account 355-4041-491200 (Federal Asset
Forfeiture - Traffic Services - Transfers) for transfer to Fleet Services Vehicle Replacement Fund
to upgrade the budgeted replacement of ten Kawasaki motorcycles
to BMW
CITY COUNCIL MINUTES October 23,2001
3. CONSENT CALENDAR (Continued)
Replacement - Fleet Services - Motor Vehicle Replacements) for the expenditure. 3)Authorized the
purchase of the BMW motorcycles from A & S BMW Motorcycles under the California
Highway Patrol contract.FISCAL IMPACT:
Umeserved fund balance is available in the Federal Asset Forfeiture account to
fund this appropriation.BIDS 3.
11
Police Department Locker Room Expansion Project. Approval of plans and specifications, and
request for authorization to advertise. (C2500.K)SUMMARY: Plans
and specifications have been completed for the Police Department Locker Room
Expansion project. The project is ready to be advertised. The estimated construction cost
is $75,000.ACTION: Approved
plans and specifications and authorized advertising for bids for the Police Locker
Room Expansion project.FISCAL IMPACT:
There is $79,509 budgeted in account 725-4011-481200-2313 (
CIP Improvements-Police Department Locker Room Expansion) for
this project.3.12 Arterial Highway Rehabilitation Program - Orange-Olive
Road Pavement Rehabilitation from Glassell Street to Meats Avenue (SP-3330);
Approval of Plans and Specifications and Advertising for Bids. (
S4000.S.7)SUMMARY: Plans and Specifications have been completed for
the Orange-Olive Road rehabilitation project from Glassell Street to Meats Avenue. The project
is ready to be advertised. The estimated construction
cost is $405,800.ACTION: 1) Approved plans and specifications and
authorized advertising for the Orange-Olive Road Rehabilitation Project from Glassell
Street to Meats Avenue. 2)Appropriated $113,
892 to account number 550-5011-483300-3205.FISCAL IMPACT: Funds are
available in the Fiscal Year
01-
02
Capital
Improvement Program
in the
following accounts:
550-5011-
483300-3205
500-5011-483300-3205
934-9821-
483300-3205 Total Funds 113,
892 116,454 156,
648 386,994 Arterial Highway Rehabilitation Program City Funds Northwest Project Area Tax Exempt
REMOVED AND HEARD SEPARATELY)3.13 A proposal to approve plans and
specifications and authorize advertising for bids
for the
CITY COUNCIL MINUTES October 23,2001
3. CONSENT CALENDAR (Continued)
SUMMARY: Plans and specifications have been completed for the curb and gutter and
sidewalk replacement project at various locations. The project is ready to be advertised
for bids. The estimated construction cost is $190,000.
Councilmember Slater asked if a gutter would be installed at the comer of Magnolia and
Maple Street as part of this project and when will it take place. Also, how are the older
curbs in the downtown area that are crumbling going to be identified for repair.
The Director of Public Works reported the cross gutter at Magnolia and Maple is part of
this project and will be underway within 60 days. The downtown area curbs are repaired
on an as needed basis based on drainage issues and the number of locations that have
deteriorated.
Councilmember Slater asked if there were additional funds in the contract so that if a
curb was identified for repair a request could be made. The Director of Public Works
reported the contract could be expanded through a change order process. At this point
this is the funding budgeted and is for specific locations, but there is some flexibility to
add additional locations.
Councilmember Coontz indicated the criteria is based first on drainage and then on public
calls. The Director of Public Works indicated the primary criteria is safety and
secondarily drainage and responding to other calls as funds are available.
Councilmember Coontz indicated on Shaffer Street north of the Library the curbs are
deep and some have deteriorated. The Director of Public Works indicated they try to
track the calls from the public.
MOTION - SlaterSECOND -
Murphy AYES - Slater,
Alvarez, MayorMurphy, Coontz, Cavecche ACTION: Approved plans
and specifications and authorized advertising for bids for the 2001-02 Concrete
Replacement Program.FISCAL IMPACT:
Funds are budgeted in the Capital Improvement Program and are available in
the following account: 262-5021-427100 (Measure M) $190,000
REMOVED AND HEARD SEPARATELY)
3.14 Re-advertise for bids on the Mechanical lift at the Edward's House and
ADA Handrails at the Police Headquarters. (C2500.M.
5)SUMMARY: The Edward's House currently utilizes a wooden ramp for rolling
book carts and other items from the ground to the raised first-floor entrance. This
project will replace the ramp with an electric-powered mechanical lift.
The Police Headquarters ADA access ramp does not have handrails. This project will
install approved handrails.The original bids received exceeded the budget
for the
CITY COUNCIL MINUTES October 23, 2001
3. CONSENT CALENDAR (Continued)
Councilmember Cavecche asked if the mechanical lift would be more expensive than the
existing ramp? The Director of Public Works reported the ramp has deteriorated and is
steeper than is allowed under ADA requirements. The lift has been used successfully at
the Ainsworth House for ADA access and it was felt this was a good solution making it
easier to move the book carts in and out of the Edwards House. It will also provide better
handicapped access than the ramp and probably be cheaper.
Councilmember Coontz asked about the location of the ramp. The Director of Public
Works commented the wood ramp would be removed and replaced by the lift and used
by the Library. It will also have public access for handicap purposes with direct access to
the parking lot.
MOTION - CaveccheSECOND -
Coontz AYES - Slater,
Alvarez, MayorMurphy, Coontz, Cavecche ACTION: Authorized re-
bidding this project.FISCAL IMP
ACT: There are Community Development Block Grant Funds allocated for this project
in the following account:310-9645-
485100-1329 (ADA Retrofit - City Buildings) $23,924
3.15 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Michael Bollerud
b. Estate of James Anthony Hall
c. Magni Management/Val Verde Estates MHP
d. Leo Paulsen, Jr.
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.16 Award of Professional Services Contract - Surveying and preparation of base plans for
water main replacements. (A2100.0 AGR-3879)
SUMMARY: The contract authorizes the Consultant to provide field surveying, research
underground utilities, and prepare base plans.
ACTION: Awarded the contract in the amount of $39,121.00 to Joseph C. Truxaw &
Associates, 265 S. Anita Drive, Suite Ill, Orange, CA 92868, and authorized the Mayor
and the City Clerk to execute on behalf of the City.
PAGE 7
CITY COUNCIL MINUTES October 23,2001
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds are budgeted and available in the following account:
600-8011-426200 Engineering Services $39,
121.00 3.17 Award of Contracts - Bid No. 012-13; Project No. SP-3327-
1, Plaza Grinding and
Overlay. (A2100.0 AGR-3880)SUMMARY: Construction will include pavement grinding of the
roadwayto a depth of 2Y:z inches below the present finish surface; placement of
1 inch leveling course with pavement reinforcing fabric, 2 inch thick asphalt
concrete overlay; and traffic striping.ACTION: Awarded a Contract in the amount of $65,
598.71 to Premier Contractors,1401 N. Batavia, #204, Orange, CA 92502 for The
Plaza Grinding and Overlay project.NOTE: Mayor pro tem Alvarez abstained on this
item due to property interests.FISCAL IMPACT: Funds are budgeted and are
available in the Capital Improvement
Program in the following account:500-
7021-485100-9875 Capital Projects $65,598.71 3.18 Final Contract Change
Order; Bid No. 001-32; Walnut Avenue Storm
Drain Improvements D-
135 and Walnut Avenue Sewer Improvements S-195.A2100.0 AGR-3764)
SUMMARY: This Final Contract Change Order authorizes payment for the extra work at agreed
prices. The total contract cost for this project is $864,698.16.ACTION: Approved a
Final Contract Change Order in the amount of $
23,587.76 to Pipeline Equipment Rental, Inc. for the extra work.
FISCAL IMPACT: Funds are budgeted
or are available in the
following
accounts:Community Development Block
Grant (
CDBG)Walnut Avenue
Storm DrainImprovements
310-9645-483400-5386-
16132
Walnut Avenue Sewer Improvements 310-9645-483200-5550-16133 14,206.38 9,381.38
Total: $23,587.76 GRANTS
3.19 A grant from Southern California Edison (SCE) to use
LEDs for traffic signal indicators. (S4000.S.3.3)SUMMARY: Southern California Edison (SCE) is providing
a light emitting diode installation (LED) grant to the City of Orange in the
amount of
CITY COUNCIL MINUTES October 23, 2001
3. CONSENT CALENDAR (Continued)
ACTION: 1) Authorized staff to apply for LED Traffic Signal Rebate grant from SCE
in the amount of $22,000.00; 2) Authorized expenditure of approximately $60,000 for
the purchase of the additional LED units and appropriate equipment.
FISCAL IMPACT: Funds for this project are available in Account No. 272-
5032-483100-6464 (LED Replacement Rebate Program). This account will
be reimbursed 22,000 upon receipt of payment
from
SCE.RESOLUTIONS 3.20 RESOLUTION NO. 9528 (A2100.
0 AGR-3729)A Resolution of the City Council of the City of Orange finally
accepting the completion of a certain public work and improvement; Bid No. 001-25;
Construction of
Water Well
No. 26.ACTION: Approved.3.21 RESOLUTION NO. 9530 (C2500.
M.16.1 LLN-2001-13)A Resolution of the City Council of the City
of Orange approving Lot Line Adjustment LL 2001-13 adjusting lot lines of certain real
property situated at 384 and 394 North Rancho Santiago Boulevard in the City of
Orange, County of Orange, State of California.Owners: The
Torres Family
Trust Dated December 15, 1987 ACTION: Approved.3.
22 RESOLUTION NO. 9531 (A2100.0 AGR-3764)A Resolution of the City Council of
the City of Orange finally accepting the completion of a certain public work and
improvement; Bid No. 001-32; Walnut Avenue Storm
Drain Improvements
D-
135 and Walnut Avenue Sewer Improvements S-195.ACTION: Approved.TRAFFIC 3.
23 Progress report on speed
humps for the Residential Neighborhood Traffic Management Program. (S4000.S.6)SUMMARY: This report provides
the City Council with a brief update on the use of speed
humps as
a traffic calming tool for
the Residential
NeighborhoodTrafficManagement Program.
CITY COUNCIL MINUTES October 23,2001
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funding for the installation of test speed humps at the City's
Corporation Yard is provided in the department's operating budget utilizing Gas Tax
Exchange Funds in the Contractual Services Account No. 273-
5032-427100.URGENTITEM - RESOLUTION NO.
9538 MOTION - Coontz
SECOND - Alvarez AYES -
Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to
add Resolution No. 9538 to the Consent Calendar as an urgency item.RESOLUTION NO.
9538 A Resolution
of the City Council of the City of Orange temporarily closing Atchison Street between
Chapman Avenue and Maple Avenue on Sunday - November 11, 2001 for a Special
Event.ACTION: Approve.MOTION -
Alvarez SECOND -
Slater AYES -
Slater, Alvarez, Mayor
Murphy, Coontz, Cavecche Items 3.13 and 3.14
were removed and heard separately; Resolution No. 9538 was added to the Consent Calendar as an
urgent item; Mayor pro tem Alvarez abstained from Item 3.17; and all remaining items
on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 4. REPORTS
FROM MAYOR MURPHY - None
5. REPORTS FROM COUNCILMEMBERS 5.1 Mayor
pro tem Alvarez - Discussion
of Commissioner Richard Yarger of the City Traffic Commission.Mayor pro tem Alvarez remarked the
City Attorney
advised him that if Councilmembers were going to ask people serving on commissions or
committees to step down there was a procedure.The City Attorney recommended the proper way is
to place this item on the Agenda under Councilmember Reports for discussion with a follow up
action to re-agendize it as an action item for the following Council meeting.PAGE 10
CITY COUNCIL MINUTES October 23,2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
Mayor Murphy announced all Councilmembers had received a letter from Mr. Yarger who was
on vacation and requested this item be continued so he could participate. Mayor Murphy
indicated this should be considered first.
Mayor pro tem Alvarez commented because it was a two step process, agendizing the first step at
this meeting and the second step at the first Council meeting in November, this would allow Mr.
Yarger an opportunity to address the Council at that time.
The City Attorney clarified the current procedure. According to the ordinance, when Council
has an item that comes under Reports from Councilmembers, the policy is that no action is to be
taken. At that time, it can be determined if the Council is interested in taking action, and if so,
ask for direction to place the matter under Boards, Committees and Commissions at the next
Council meeting for action.
Mayor pro tem Alvarez stated he had contacted Mr. Yarger and expressed his desire to have him
step down as a Traffic Commissioner. Mayor pro tem Alvarez wanted to keep his reasons
private because it was a private conversation, but he did assure Mr. Yarger, in discussions with
other members of the Council, that Council appreciated his long term in office and that he had
put in a lot of community time. Mayor pro tem Alvarez indicated when he was elected to the
Council, one of his duties was to make changes he thought would benefit the City. There have
been many personnel changes, either through the Councilor City Manager, which have elevated
the City to a new level and this was seen as following that trend. Mr. Yarger was invited to
contact other Councilmembers and the City Attorney.
Mayor Murphy recognized the following speakers who spoke in favor of Mr. Yarger remaining
on the City Traffic Commission:
Joe Fortier, 5930 San Juan Dr.
Frank Sciarra, 226 S. Craig Dr.
Bernie Dennis, 2104 Villa Vista
Council Discussion:
Councilmember Slater commented Council had held discussions on term limits for committee
members. There are great people serving on these committees. But the voters have said there
should be term limits for the Council, and with so many people in the City that want to serve on
these committees, they do not have the opportunity because of no movement on the committees.
Councilmember Slater indicated he has the utmost respect for Mr. Yarger and will be contacting
him before the next Council meeting. He will support moving this item to the next Council
meeting and suggested Councilmembers submit to the Mayor suggestions for committee
members who they feel may be time to change, with their length of service; and get a consensus
of the Council, and move forward with an overall change ifit is the will of the Council.
PAGE 11
CITY COUNCIL MINUTES October 23,2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
Councilmember Coontz cornmented a few years ago the Council decided the best way to handle
any changes on the committees would be on a two year basis. The Mayoral term is two years
which is the same term for most of the committees, but not the committees with ordinances that
set terms. This was the time to review individuals whose terms were up. Concern was expressed
that a message is being given to the community that these valuable people who give their time
are all of a sudden off a Committee. This procedure has been developed by many Mayors and
Councilrnembers over a long time. Council needs to do this with class. It was suggested the
City Attorney and City Clerk provide the past procedures and decisions for the appointment of
members to all the City's Boards, Committees and Commissions, including the foundations.
There needs to a balance with term limits which were more applicable to elected officials. The
members of the committees are doing the job for the love of their contribution.
Mayor pro tem Alvarez agreed there is no easy way to do this, but he did extend the courtesy of a
phone call to Mr. Yarger.
Councilmember Cavecche commented there are so many people that want to serve that term
limits should be discussed. It was hoped this item could have been done a better way. The
policy to wait two more weeks is preferable because she has not discussed this with Mr. Yarger.
Mayor Murphy commented Council does have term limits, but they were not retroactive, they
began in 1996. If there was to be a policy for the boards, committees and commissions, it should
be handled the same way, with an effective date that everyone is aware of. Everyone should
have an opportunity to serve on a committee if they want, but he does not agree that procedures
should be changed just for the sake of change. Mayor Murphy stated he would have liked to
have had Mr. Yarger's wishes for a continuance respected and not held the discussion today, but
in two weeks. Mayor Murphy suggested this discussion item be continued to another meeting in
order for Mr. Yarger to be able to participate. Mayor Murphy indicated he would not support
going to the next Council meeting for the final action.
Councilmember Slater commented for the record, he will make the second but is not stating
today whether or not he will ultimately agree with this decision. He would like to talk to Mr.
Yarger again.
Councilmember Cavecche commented for the record she will support the motion because it will
be discussed again at the November 13th Council meeting and that the final action is not being
taken at this meeting but in two weeks.
Councilmember Coontz requested research on what has happened III the past and the
reappointment process.
MOTION - AlvarezSECOND -
Slater AYES - Slater,
Alvarez, Coontz, Cavecche NOES - Mayor Murphy
PAGE 12
CITY COUNCIL MINUTES October 23, 2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
Moved to place this item on the November 13, 2001 agenda under the Boards, Committees and
Commissions to consider the removal of Richard Yarger from the Traffic Commission.
5.2 Councilmember Slater - Discuss policy of taking no action under Mayor and Councilmember
Reports Councilmember
Slater commented on the City Attorney's memorandum regarding Agenda policies
indicating it was good to receive a clear picture. It provided a good opportunity for the entire
Council to review the procedure of how to agendize items for Council meetings. It is understood
that the Mayor and Councilmember reports are for discussion only. Any other item that
deserves the City's attention should be discussed with the City Manager who will place it on the
agenda. For other items, the Mayor is to be notified and these can be listed under Councilmember
Reports.Councilmember
Coontz commented she had attempted that for the last few years and had wanted the
Council to discuss these procedures and issues and felt this was a good procedure. In 1992,the
City Manager indicated, through a resolution, that the Council needed to communicate with him
due to problems. The City Manager is hired to run the City, and the Council are the policy makers.
5.
3 Councilmember Coontz - Veterans Day, November 11, 2001 - update on "Day of Remembrance - United we
Stand" community celebration at Depot Park at 2:00 p.m.Councilmember Coontz remarked the
tragic events that occurred on September 11 th of this year will never be forgotten.
Rather than divide us, the acts of terrorism have strengthened our bond as a Nation. Since
September 11 th, a number of individuals
have asked what the City is planning to do to honor
the heroes and victims of this national tragedy and also our service personnel across the nation and
the world.In response to the
community and with the entire Council's approval, she has been working with staff to plan a
special "Day of Remembrance event at the Veterans Memorial at Depot Park. As chair of the Veterans
Memorial Committee last year, it was overwhelming with the support shown by the entire
community at the memorial dedication. There were over 800 people attending a wonderful community
celebration.The City is continuing
to plan an event larger event this year as we come together and stand tall as American. We will
honor our veterans, our heroes and those in uniform across the nation and the world on Sunday,
November 11,2001 at 2:00 p.m. at Depot Park at Atchison and Chapman.The program will include
patriotic music by the Orange Community Choir and Band, an inspirational message delivered by
Lt. Col. Joe Ruthenberg, USMC, Retired; a patriotic art show by the Orange Art
Association, a wonderful display depicting the history of our flag and all fifty State flags.PAGE 13
CITY COUNCIL MINUTES October 23,2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
In attendance will be a number of community groups. To date, that includes local scouts in
uniform, the Orange High School Marine Junior OTCs and our local veterans. Free refreshments
will be provided by Cask and Cleaver Restaurant. Downtown merchants will be giving away
American flag decals and the American Legion will be hosting a breakfast that morning.
This will be a grand event and Councilmember Coontz urged everyone to make plans to join in
on this day of remembrance and display of our love of country. In order to inform the
community, churches and service groups, the City is sending out fliers and the Mayor is also
sending out invitations along with press releases. Information can be obtained by calling Irma
Hernandez at City Hall at 744-
2205.Arthur Paris, 71 Plaza Square, Orange Masonic Lodge, expressed his gratitude to Council for
the Memorial Service of all Military
personnel.5.4 Councilmember Coontz - To discuss modification of Planning Commission
procedures so they mirror City Council procedures.
Councilmember Coontz reported as a long time former member of the Planning Commission, she
knows that the Commission is the busiest and most broadly based of all the official volunteer
groups within the City family. The Planning Commission interfaces most closely with the City
Council on land use, which often represents issues of community concern and controversy for
both the Commission and the Council.
The Planning Commission works very hard to be fair and consistent when applicants come
before them. Commissioners are involved in a great deal of homework, visits to sites,
preparatory study sessions and seminars.
It has come to her attention that there are some inconsistencies that have evolved over a period of
time with staff procedures that may have been changed without Council knowledge and do not
mirror the procedures of the City Council. Some of them are: 1) procedures as to how staff
writes their reports and recommendations and 2) procedures for resolutions, which legally
describe the actions ofthe commission.
In addition, in talking with the Planning Commission Chairman to get a better idea of the
problem, she has expressed concern about the attendance requirements of Commissioners. It has
been difficult enough operating without a full commission of five, further exacerbated by
irregular attendance, which often has placed the Commission at only three members. This does
not give the City Council a very accurate picture of decision-making at the Planning
Commission level and also brings up some legal issues according to the City Attorney affecting their
voting procedure, which needs to be
addressed.She suggested that the City Council direct the City Manager to provide the City Council
a recommended list of procedures for review by the Council. These procedures could then
be discussed and adopted at a future meeting for a standardized set of procedures for both
the PAGE
CITY COUNCIL MINUTES October 23, 2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
Commission and the Council. Of course, discussion with both the Planning Commission and
Planning staff beforehand would be appreciated.
Councilmember Coontz commented staff is to work for the commission.
Mayor Murphy observed that when he was on the Planning Commission, the Planning
Commission processed hearings, actions, signatures, etc the same way the Council did. If there
have been changes, Mayor Murphy would be interested in seeing those changes; and agreed that
Council and Commission procedures should parallel each other.
The City Manager indicated he will discuss what procedures the staff has been using and what
has been done in the past and report back to Council.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.7.
ADMINISTRATIVE REPORTS - None.8. REPORTS
FROM CITY MANAGER 8.1
Consideration of agreement for Brownfields Economic Redevelopment Initiative Grant. (A2100.
0 AGR-3881)SUMMARY:
The City has been awarded federal grant funding under the Brownfields Economic
Redevelopment Initiative for the environmental assessment studies of the former Union
Pacific Railroad Property and Cerro Villa Park. Both of these properties are former landfills
for which the City will need to perform environmental and remediation assessments.The
federal grant is in the amount not to exceed $200,000.The
Cornmunity Services Manager presented the report.Mayor
pro tern Alvarez asked what this money would do for Cerro Villa Park? The Community Services
Manager reported a consultant would be hired to do an investigation of the site as a landfill,
its content and subsequently move into the analysis preparing recommendations to remediate
the site if needed.Councilmember
Slater commented he knows the President of the Homeowners Association has suggested
a proposal on some landscaping at the entrance during the interim of getting the park finished
and asked if staff hadpursued contacting the homeowners association. The Community Services
Manager recalled they received a letter a few months ago outlining a request for 17,
000 for proposed improvements to the entryway of the park site. Staff has not responded in writing,
but have made contact. At this time, because of the expense, staff has not pursued spending
any money for any improvements on that site. The second part of the letter called for fuel
modification and weed abatement and the City has agreed to make those improvements. In terms
of the permanent improvements at the entrance, there are no funds budgeted at this time.PAGE
15
CITY COUNCIL MINUTES October 23,2001
8. REPORTS FROM CITY MANAGER (Continued)
MOTION - Coontz SECOND -
Alvarez AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Ratified the
City Manager's execution of the cooperative agreement between the City of Orange and
U. S. Environmental Protection Agency for the Brownfields Economic Redevelopment Initiative Grant
in an amount not to exceed $200,000.8.2 Report
on Santiago Creek, Sand and Gravel zoned properties, and reclassification of adjacent properties
discussed at the City CounciVPlanning Commission joint Study Session of October
2, 2001.The City Manager
completed a written report which was given to Council after the Agenda was posted. It was
reported the first option Council could consider is to initiate a comprehensive planning study of
all sand and gravel zoned properties in that area. The Planning staff originally guesstimated at the
Study Session the study could cost approximately $30,000 to $40,000 with a six to nine
month time period for completion. A follow up with consultants indicated a realistic starting point would
be $75,000 for a policy level document which generally covers major issues but would not
be an implementation document. A more comprehensive study including the environmental study with
public meetings will cost approximately $300,000 with a completion time of eighteen
months.Regarding the completion
of a comprehensive study of the creek, a study of the entire creek should be undertaken
and expand the area outside of the relatively localized area of present concern and discussion
would include the area from Hart Park to Santiago Oaks Park. This study, if started
today, is a separate study and estimated to cost approximately $200,000. A similar study for
a creek study in Santa Rosa in 1992 took approximately 24 months to complete with a cost
of approximately $150,000 with much of the preliminary work done by staff.Currently a major
creek planning program is already underway by staff in partnership with the National Park Service
through the Trails and Conservation Assistance Program. Based on the work completed to
date, and the public meetings already held, as well as future meetings, staffis advising the City
Manager, this creek study should be completed in approximately twelve months. Staff advises
that hiring a consultant at this time would provide no appreciable advantage to the
City in moving this forward. This will be discussed with staff in more detail.The City Manager
cornmented it is his intent to meet with key staff members from all the involved departments on
the number of issues over the next two weeks in order to attempt a more global review
of the entire Santiago Creek Plan in conjunction with the other trails studies as the City
looks at current and future developments. The City Manager will evaluate the current status of the
current planning efforts and propose a strategy for coordination of all these trail studies and adjacent
land uses over the next few weeks.PAGE 16
CITY COUNCIL MINUTES October 23,2001
8. REPORTS FROM CITY MANAGER (Continued)
The City Manager indicated he would not recommend staff try to do a comprehensive planning
study at this time. If the issue is to look at the major sand and gravel areas, there is no way staff
could get up to speed with a consultant any quicker than the proposed time frame of the
Fieldstone project moving ahead. It was suggested staff work with that project when it comes
forward through the Planning Commission and study any environmental issues and if consultant
help is needed it be done at that time. The remaining sand and gravel areas are small amounts of
land and it does not appear at this time to be cost effective to try to do a separate study.
There were Council directives from the October 9th Council meeting - a request for a history of the
7.6 acres south of Santiago Canyon Road including related zoning issues, establish contact with
the property owner, bring back to Council a range of potential zoning classifications Council
could consider and try to obtain a copy of the OP AFieldstone Agreement with an analysis
of that agreement. The City Manager indicated he is working on those issues and had discussions
with the City Attorney on how to properly contact the property owner as to not create any
liability. Correspondence has been received from Hanson Properties which Council also has received.
Information is being compiled on the zoning and history of the site which will be presented
to Council at a subsequent meeting.The
City Manager indicated he will provide Council with a status report in two weeks which will cover
his discussions with staff and information staff can obtain from consultants already in place.
The Manager will do an assessment relating to consultant contracts that cover the trail studies
and coordinate a master strategy to move this ahead so Council can have confidence all the
important issues are covered.Councilmember
Slater cornmented he is interested in what the scope of the creek study encompasses,
is it the creek and ten or twenty feet on either side or is it enough to accommodate the
trails. He is interested in all the properties adjacent to the creek from Hart Park to Santiago Oaks
Park because there are properties around Cambridge Street, some in the City, some in the County,
and asked what the vision is for the extension of Hart Park. Continuing north of Chapman,
there is the Nieupointe property. It unclear where that is at this time, but it is also adjacent
to the creek and asked what the vision is for that property. He suggested expanding the scope
of the Creek Study to find out if these adjoining parcels would be anything we could incorporate
into the creek plan, so that we have a visionary plan. As other developments come along -
what dowe want for the creek? If Council concurs, he would like to see an expansion of the Creek
Study to get more definition on what it will cover.The City
Manager indicated he will bring that information back to Council - development standards for construction,
widths, location of alignments, and what it will take to accomplish that in the
area of land which needs to be incorporated into anything the City would want to build at Grijalva or
any other development in the future.Mayor pro tern
Alvarez asked that Councilmembers be briefed during this process. The City Manager indicated he
will make sure Council is kept informed as well as the public.PAGE 17
CITY COUNCIL MINUTES October 23,2001
8. REPORTS FROM CITY MANAGER (Continued)
Councilmember Coontz referred to the Master Plan of Recreational Trails and indicated there
had already been a couple of meetings for the public. She attended the first one which was
excellent. One of the issues discussed was consideration for more than just a short distance of
the creek for horses. The project coming before Council has a horse trail that does not go
anywhere, so that should be part of the City Manager's analysis; and also suggested that the
consultant and staff are included in discussions so we do not lose track of the fact that the horse
trails are part of the recreational trail system.
Councilmember Cavecche asked what part of the creek will the study encompass, and relative to
the Fieldstone project and the EIR, perhaps one of the consultants might be willing to give
Council a briefing on the technical aspects of what will be happening to the creek.
Speaker:
Phil Bettencourt, 110 Newport Center Dr., Newport Beach, representing Fieldstone
Communities, indicated they are neither for or against the study being discussed except for the
properties that are already the subject of a comprehensive environmental document as they
believe Council needs to take a zoning action or consider land use alternatives.
Mayor Murphy indicated the Council is receiving and filing the City Manager's report.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 15-01 (SECOND READING) (A2500.0 Parcel
Maps)An Ordinance of the City Council of the City of Orange amending Chapter 16.08 of the
Orange Municipal Code to add certain form and content requirements for final parcel and tract
maps.MOTION - Alvarez
SECOND - Slater AYES -
Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Moved that
Ordinance No. 15-01 be read by title only and same was approved and adopted by the
preceding vote.9.
2 ORDINANCE NO. 16-01 (SECOND READING) (A2500.0 Claims)
An Ordinance of the City Council of the City of Orange Amending Chapter 3.16 of the Orange
Municipal Code relating to filing claims against the City.
MOTION - Alvarez SECOND -
Slater AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche PAGE 18
CITY COUNCIL MINUTES October 23,2001
9. LEGAL AFFAIRS (Continued)
Moved that Ordinance No. 16-01 be read by title only and same was approved and adopted
by the preceding
vote.9.3 ORDINANCE NO. 17-01 (FIRST READING) (A2500.
0 Purchasing)An Ordinance of the City Council of the City of Orange Amending Chapter 3.08
of the Orange Municipal Code Relating to the City's
Purchasing System.MOTION -
Coontz SECOND - Slater
AYES - Slater, Alvarez, Mayor Murphy, Coontz, Cavecche Moved
that Ordinance No. 17-01 be read by title only and same was set for second reading by
the preceding vote.
10. NOTICED HEARINGS
10.1 PROPERTY ACQUISITION BY EMINENT DOMAIN, 2345 W. CHAPMAN
AVENUE: (A2100.0 AGR-
3878)Time set for a noticed hearing on resolution of necessity to acquire a lOft. wide strip of land
for the West Chapman Avenue Widening
Project.2345 W. Chapman
Avenue Property
Owner:Assessor Parcel Number
39-371-
22 TOSCO Corporation The Director of Public Works reported there is also a temporary
construction easement that would be acquired as part of this action. There is a need to widen the roadway to
six lanes and this parcel is an essential part of the property needed to accomplish that goal.
The project has been designed to minimize the amount of right-of-way necessary
consistent with achieving a six lane facility. The property to be acquired is nominal in size and
does not create any significant private injury. An offer has been made to the owner of record
of the property pursuant to Government Code Section 7267.2. That offer was extended in April
and a settlement has not been reached. The offer of $53,060 includes paying the property owner
to relocate the sign. The original offer was $3500 less and did not include payment for
relocation of the sign. Staff recommends Council make the appropriate findings and authorize
the initiation
of an eminent domain
proceeding.There
wereno
CITY COUNCIL MINUTES October 23,2001
10. NOTICED HEARINGS (Continued)
RESOLUTION NO. 9526
A Resolution of the City Council of the City of Orange declaring the public interest and
necessity of acquiring certain real property located at 2345 West Chapman Avenue and
authorizing the acquisition thereof.
MOTION - Slater SECOND -
Cavecche AYES - Slater,
Alvarez, Mayor Murphy, Coontz, Cavecche Approved Resolution No.
9526.11. RECESS TO
THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 12. RECESS TO
CLOSED SESSION Note: The City
Council did not recess to a 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.13. ADJOURNMENT MOTION -
Mayor Murphy
SECOND - CoontzAYES - Slater,
Alvarez, Mayor Murphy,
Coontz, Cavecche The City Council adjourned at 6:
35 p.m.jMAA~(1r~~~~~CASSANDRA J. CA CART,
CMC CITY
CLERK 1k2ti~MAYOR PAGE 20