HomeMy WebLinkAbout4_24_2001 - Council MinutesAPPROVED BY CITY COUNCIL ON MAY 8, 2001
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING April 24, 2001
The City Council of the City of Orange, California convened on April 24, 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 Helen Walker, Soroptimist International of Orange
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Murphy
1.3 ROLL CALL
PRESENT - Slater, Alvarez, Mayor Murphy, Coontz ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS The following
employees received Employee Service Awards:David Marks -
Police; Jerry Graham - Fire; Bryan Hagan - Fire; Keith Houk - Fire;William Lawson - Fire; Jonathan Osterkamp - Fire;
David Sherman - Fire;Susan Campbell- Finance; LaureySword - Police; Larry Goldsmith - Police;
Donald LockIidge - Police; Michael Streed - Police.John Sibley, new Assistant City
Manager, was introduced.Orange Library Volunteers were recognized
and a proclamation announcing National Library Volunteer Week,
April 22-28, 2001, was presented to Nora Jacob, City
Librarian and Rosanne Miller, Children's Services Senior Librarian. Arlene Minor, Friends of
the Orange Public Library Bookstore Director, presented a check for $15,000 to
the Orange Public Library. The Mayor introduced Kay Massa and Carolyn Cavecche, Orange Public
Library Board Trustees and Gaddi Vasquez, Library Foundation Board Member.Proclamation honoring
Occupational Therapy Month will be mailed due to the recipient
not being present.Certificates were awarded to members and coaches of the
El Modena Hills
Girls All-Star team, regional and national winners of the National Junior Basketball 4th
Grade Tournament; Norval Dickson, Head Coach. Chris Hurtado, Assistant Coach, was present
with the members to accept the certificates.PAGE 1
CITY COUNCIL MINUTES April 24, 2001
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
Mayor Murphy announced:
The City received approval of an EPA Brownfield Grant for $200,000 for the Cerro
Villa and railroad properties. This will help fund an analysis of both parcels which
will eventually lead to increased park acreage.
Rotary International will hold a "Polio Plus Partners Rally" on Friday April 27 at the
Orange Mall as part of their efforts to eradicate polio around the world.
The Orange Public Library will hold a Family Fiesta on Friday, April 27.
Christmas in April" Day is Saturday, April 28. An organization of volunteers work
to repair and rehabilitate houses of low-income homeowners, particularly the
elderly and people with
disabilities.Paint the Towne 2001" starts on Saturday, April 28 and extends through May
5.Outdoor artists will paint some of the City's historical homes and buildings and
their artwork will be displayed at Depot Park on Sunday, May
6.Dash for Dare was held Saturday, April 21. The Mayor thanked the many
volunteers who participated in this
event.Arbor Day was held Saturday, April 21. Trees were planted in the City and
the Mayor thanked the boy scouts and volunteers for their
efforts.2.PUBLIC COMMENTS TAPE
820 Mark Burkhardt, 3447 Ruth Place, asked for support of the McPherson
Neighborhood Preservation
Committee.Councilmember Alvarez directed the City Clerk to agendize under
Councilmember Reports for the May 8th Council meeting a discussion to create a
McPherson Neighborhood Committee. He will talk with the neighbors in this area, draft a report
and present it to the Council for the next
meeting.Jeannine Lawrie, 2512 Shady Forest Lane, President of the Orange Dog
Park Association, presented a video to each Councilmember which depicts the various
dog parks throughout the County. The Association has raised over $22,000 since last
August towards the park fencing at the proposed park at Yorba and Chapman. They plan to
have a booth at the Street Fair this year to help raise funds and are selling T-shirts
for $15.They are in the process of establishing a web site, but can be contacted through
E-mail at scakot@earthlink.net. She asked for an estimate from the City as to when
the
park would
CITY COUNCIL MINUTES April 24, 2001
2. PUBLIC COMMENTS (Continued)
Mayor Murphy stated that until the engineering plans are complete, the City can not
determine an opening date. He thanked the many volunteers of the Dog Park Association
for their active participation.
Councilmember Coontz suggested the Association communicate more with the
community regarding their ongoing events and activities, as there is a great deal of
interest in the proposed dog park.
3.CONSENT CALENDAR TAPE 1160
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 April 24, 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 AprilS and 12,
2001.ACTION:
Approved.3.3 Receive and file the City Treasurer's Report, period ending March 31, 2001. (C2500.
F)ACTION:
Approved.3.4 Request approval of City Council Minutes, Adjourned Regular Meeting, April
9 2001 and the Regular Meeting April 10,
2001.ACTION:
Approved.3.5 Consideration to waive reading in full of all ordinances on the
Agenda.ACTION:
Approved.PAGE
CITY COUNCIL MINUTES April 24, 2001
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.6 Second Amendment to Agreement with City Manager. (A2100.0 AGR-3501.B.
2)SUMMARY: The proposed amendment would increase the compensation paid to
the City Manager at the same 4% granted to other City employees under the
Top Management Memorandum of
Understanding.ACTION: Approved Second Amendment to Agreement with City Manager
and authorized Mayor and City Clerk to execute on behalf ofthe
City.FISCAL IMP ACT: The amendment would result in an increase of approximately $2,
244 in general fund expenditures during the 2000-2001 fiscal year. For the
2001-2002 fiscal year general fund expenditures would increase by approximately $
6,732. Sufficient funds are available in the City
Manager's budget.3.7 License Agreement Between the Metro Cities Fire Authority and
County of Orange for Communications Facility at Signal Peak. (A2100.
0 AGR-1637.B)SUMMARY: The Metro Cities Fire Authority, which the City of
Orange is a member,provides joint fire dispatching services for seven member agencies.
As part of their communications infrastructure, the Authority
maintains communications equipment at the County's Signal Peak Communications Facility. In order for
the Authority to renew its communications license agreement with the County, the
City Councils for each member agency must
consent to the agreement.ACTION: Authorized the City of Orange representative on
the Metro Cities Fire Authority Board of Directors to approve the License
Agreement and future License Agreements between the County of Orange and
the Authority for communications equipment at the
Signal Peak Communications Facility.FISCAL IMPACT: No additional fiscal impact. The
License Agreement fees are included in the City's annual contribution to the Metro
Cities
Fire Authority operating
budget.APPROPRIATION OF FUNDS 3.8 Re-appropriation of funds for the purchase and installation
of LED units at traffic signals
citywide. (S4000.S.3.3)SUMMARY: The City Council previously approved
the replacement of existing traffic signal indications throughout the City with LED units,
using a rebate program available through the Southern California Edison Company. Funds in
the amount of $530,000 were appropriated for purchase of the materials, and a contractin
the amount of $72,414 was awarded for installation. It is proposed to modifY the
source of advance funding for this project in order to conform to the recently issued
guidelines for use
of Transportation
CITY COUNCIL MINUTES April 24, 2001
3. CONSENT CALENDAR (Continued)
ACTION: 1) Canceled the appropriation from Fund 340 to Account 340-
5032-483100-6464 in the amount of $602,414; 2) Appropriated $602,414 from
Fund 272 Unappropriated Reserves) into Account No. 272-
5032-483100-6464 (LED Replacement Program) to be used for the purchase and installation of the
LED units; and 3) Amended Revenue Budget Fund 272 for receipt of Edison
LED Grant Reimbursement monies in
the amount of$462,250.FISCAL IMPACT: Funds for this project will be
available in Account Nos. 550-5032-483100 (LED Replacement
Program) and 272-5032-483100 (LED Replacement Rebate Program) following the City Council'
s action. The materials purchase portion of this project, less sales tax, will be
reimbursed from the SCE Rebate Program if
the installations are completed by June 1, 2001.3.9 Appropriation of Federal Asset
Forfeiture funds to purchase a walk-in freezer for the
Police Department's property and evidence room. (C2500.K)SUMMARY: The existing
walk-in freezer in the property and evidence room was damaged several years ago
during a severe rainstorm. The damage resulted in a freezer that will not operate
below 200 Fahrenheit. The passing of SB 1342 grants any defendants convicted of a felony (
and currently serving a term in prison) the right to motion for DNA testing
on applicable evidence. This evidence should be stored at a temperature lower than
the capability of the
existing freezer, hence the request to purchase a new unit.
ACTION: Appropriate $15,000 to account 355-4034-471301 (Federal Asset Forfeiture-Lab/
Property - Equipment) and authorize the
purchase of a walk-in freezer from Commercial Cooling Par Engineering, Inc.
FISCAL IMPACT: Unreserved fund balance
is
available in the Federal Asset Forfeiture account to fund this appropriation.BIDS 3.10
Project No. D-135; CDBG Project - Shaffer Street Storm Drain Improvements from
Walnut Avenue to 200-feet south of Everett Place. Approval of plans
and specifications, and request for authorization to advertise for bids. (C2500.M.
17)SUMMARY: Plans and specifications have been completed for the Shaffer Street Storm
Drain Improvement project and they
are ready to advertise for bids. The estimated construction cost is $180,
000.ACTION: Approved plans and specifications and
authorized advertising for bids for the CBDG Shaffer Street
Storm Drain Improvement Project.FISCAL IMPACT: Funds
are budgeted
CITY COUNCIL MINUTES April 24, 2001
3. CONSENT CALENDAR (Continued)
3.11 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Victor L. Dees
b. Florentine Kukler
c Matthew D. Mataya
d. Robert L. Miller
e. Kevin Pearson
FISCAL IMP ACT: None.
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.12 Second amendment to Berryman Henigar contract in the amount of $3,500 for
GASB 34 Infrastructure Valuation Services. (A2100.0 AGR-3581.
2)SUMMARY: The City has previously contracted with Berryman Henigar for
the completion of a pavement condition survey to be completed throughout the entire
City.This amendment would require additional services to place a valuation upon
additional City facilities including streetlights and traffic signals in order to meet the
requirements of Governmental Accounting Standards Board (GASB) Statement Number
34.ACTION: Approved the second amendment for Pavement Management
Consulting Services to Berryman Henigar in the amount of$3,
500.FISCAL IMPACT: Funds are available in account number
100-5001-426700 Department of Public Works Administration-Contractual Services)
in the
amount of
9,800.FUNDING PROGRAMS 3.13 Approve the submittal of an application for funding through
the Safe Routes To School Program administeredby Caltrans. (
S4000.S.3.2)SUMMARY: Public Works is seeking Council approval to submit
an application to the State's Safe Routes to School Program. The application is for
the installation of sidewalk on the east side of Nohl Ranch Rd., from Rustic Gate Way to
Nohl Canyon Road. The estimated cost of the project is $70,000. The Safe Routes
to School funding program
requires a 10% match.ACTION: Approved the submittal of the proposed sidewalk
improvement project to the Safe Routes to School funding program for
Fiscal Year 2001/02.FISCAL IMPACT: The 10% match for this project is $7,000.
00 and can be accommodated in
Fund 262
CITY COUNCIL MINUTES April 24, 2001
3. CONSENT CALENDAR (Continued)
LIBRARY CLOSURE
3.14 Request for closure ofEI Modena Branch Library, May 14 to June 2, 2001. (C2500.I)
SUMMARY: Closure of the EI Modena Branch Library is requested to allow the
performance of work essential to resolving communications equipment problems and
preparing the facility's electrical/cabling infrastructure for future growth.
ACTION: Approved closure ofthe El Modena Branch Library, May 14 to June 2, 2001.
FISCAL IMPACT: There is no fiscal impact to closing the library. Funds are sufficient
to cover the two activities to be carried out. Electrical upgrading and conduit installation
will cost $22,750. Data/phone cabling installation will cost $9,700. Contracts for the
electrical and cabling work have already been issued. Funding for this work comes from
two sources: 1) Remaining Main Library Information Technology Center funds
previously approved for use on this EI Modena Branch Library upgrade of the network
and electrical system (500-2004-485100-9318); and 2) Funds within
the library's current FY 00/01 budget for Technology &
Support Services (
100-2004-426700-0000).PERMIT PARKING 3.15 Approval of No Fee parking permits in
Municipal Parking Lot J (South Orange Street) for the Assistance League of
Orange (10), and FirstUnited MethodistChurch (
2). (S4000.S.3.1.2)SUMMARY: The Assistance League of Orange
and First United Methodist Church are requesting issuance of No Fee parking
permits to accommodate their charitable medical and community activities. This request is
reviewed annually by the City Council.NOTE: Councilmember Alvarez abstained on this
item due to a property ownership conflict
of interest
at 131 S. Glassell.ACTION: Approved.FISCAL IMP ACT: Loss of $
1,440
annual parking permit fees.PROPERTY PURCHASE 3.16 Purchase of5-foot wide strip ofland at
1916 W. Chapman Avenue. (A2100.0 AGR-3751)SUMMARY: This is one of
the parcels necessary for the West Chapman Avenue Widening Project. Offer was
made and accepted by Carpenters Local Union 2361.ACTION: Authorized Mayor and City
Clerk to execute all escrow papers and related documents for the purchase of a 5 foot wide
strip of land located at 1916 W. Chapman Avenue. Purchase price is $
30,320.
CITY COUNCIL MINUTES April 24, 2001
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds in the amount of 30,320.00 are available in the Chapman
Avenue Widening Project - Account No. 550-5011-483300-4038-(
Measure
M-MPAH).RESOLUTIONS 3.17 RESOLUTION NO. 9434 (C2500.M.
16.1) LLN-2001-2 A Resolution of the City Council of the City of
Orange approving Lot Line Adjustment LL 2001-2 adjusting lot lines of certain real property situated
at 495, 477, 461, 462 N.Carlisle Place in the City of Orange,
County of Orange,
State of
California.Owner: George Adams ACTION: Approved.3.18
RESOLUTION NO. 9435 (A2100.0 AGR-3682)A Resolution of the City Council of the
City of Orange finally accepting the completion of a certain public work
and improvement; Bid No. 001-07; SP-3333;
Ranco Corporation;
ADA Ramp Improvements - Citywide (year 2000-01).
ACTION: Approve.3.19 RESOLUTION NO. 9436 (A2100.AGR-3633)A Resolution of the City
Council of the City of Orange finally accepting the completion of a
certain public work and improvement; Bid No. 001-09; SP-
3265; Trugreen
Landcare; Orange Fire Station No.8 Landscape
and Irrigation Improvements.ACTION: Approved.3.20 RESOLUTION NO. 9437 (S4000.SA)A Resolution of
the City Council of the City of Orange authorizing the temporary closure of and removal
of on-street parking on Grand Street from Almond Avenue
to 124-142
S.Grand
Street, for a special event on May12, 2001.Fire
Services Day ACTION: Approved.3.21 RESOLUTION NO. 9438 (C2500.M.16.1) LLN-2001-
05 A Resolution of the City Council of the City of Orange approving Lot
Line Adjustment LL 2001-05 adjusting lot lines of certain real property situated at One
City
Boulevard West and 3510 Metropolitan Drive in the City of
Orange, County
of Orange,
CITY COUNCIL MINUTES April 24, 2001
3. CONSENT CALENDAR (Continued)
3.22 RESOLUTION NO. 9439 (C2500.P.3)
A Resolution of the City Council of the City of Orange determining that there is a need to
continue the rehabilitation of Water Wells 23 and 24 in response to an emergency.
Water Well 23 is located at 3142 E. Walnut Avenue, adjacent Santiago Creek.
Water Well 24 is located at 2930 E. Collins Avenue, next to Fire Station No.2.
ACTION: Approved.
SPECIAL EVENTS
3.23 Request for temporary suspension of permit parking restrictions within 'Area A',
downtown area) for a special event. (S4000.SA)
SUMMARY: Orange High School will hold their annual Baccalaureate and Graduation
Ceremony at their campus on Sunday - June 17, 2001 and Wednesday - June 20, 2001,respectively. Due
to anticipated attendance it may be necessary to park in the surrounding residential
neighborhood which restricts on-street parking except by Permit.ACTION:
Approved.FISCAL
IMPACT: None.MOTION -
Coontz SECOND - Slater
AYES - Slater, Alvarez,
Mayor Murphy, Coontz Councilmember Alvarez abstained on
Item 3.15. All other items on the Consent Calendar was approved as
recommended.END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR
MURPHY - None.5.REPORTS FROM COUNCILMEMBERS TAPE
1185 5.1 Councilmember Slater - Consider
forming a citizens committee that would conduct a contest for the naming of
a city motto.Councilmember Slater stated that several years
ago, when discussing the need for new street signs, a suggestion was made that
this might be an appropriate place for a City motto. However,the City does not have a
motto; and in the interest of promoting City pride and spirit, he suggested this discussion for a City
motto. He volunteered to chair a committee, with members appointed by each Councilmember, to conduct
a City wide contest to establish a motto. He would like to involve all the
citizens of Orange, including school children.PAGE 9
CITY COUNCIL MINUTES April 24, 2001
5. REPORTS FROM COUNCILMEMBERS (Continued)
Councilmember Coontz reviewed some of the mottos of various Orange County cities, noting
that 14 of the cities do not have a motto. She stated that whatever motto is chosen needs to
transcend both good times and bad.
Councilmember Alvarez supported this idea, stating it is a first step in looking at a bigger picture
for the City. He suggested that an entire marking plan may be good for the City.
Mayor Murphy stated if the City can choose a motto that captures an image of what the city
should represent, it will help from an overall marketing standpoint. He supported the idea as it
will get the community actively involved.
Councilmember Slater stated with Council's concurrence, he will take the suggestions that have
been made, put together the framework and return to Council with a formal process.
Non Agenda Item
Councilmember Alvarez asked for information from the City Attorney on the action that is being
taken on the alleged financial improprieties of the Airport Working Group. The City Attorney
explained this is part of pending litigation and would provide an update to the Council through a
confidential memorandum.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 1510
6.1 Investment Oversight Committee Third Quarter Report for the Quarter Ending
March 31, 2001. This report summarizes the activity of the Investment Oversight
Committee. (ORI800.0.27.16)
The City Treasurer presented the report.
Councilmember Alvarez asked for clarification on the statement that high coupon securities were
called away from the City. The Finance Director explained that part of the City portfolio is
involved in agencies, which are almost always sold with a call provision. This means that the
interest rates are protected for a period of time, but if they fall below a certain rate, those
agencies have the option of calling those investments in. At that time the investments are
liquidated, but they are immediately reinvested.
Councilmember Coontz asked that a glossary of financial terms be provided to the Council.
MOTION - Coontz SECOND -
Alvarez AYES - Slater,
Alvarez, Mayor Murphy, Coontz ACTION: Received and
filed.PAGE 10
CITY COUNCIL MINUTES April 24, 2001
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 TAPE 1690 The City Council
recessed at 5:35 p.m. to a Closed Session for the following purposes:a. Conference with
Real Property Negotiator pursuant to Government Code Section 54956.8:Property: Parcel located
at NW corner of Spring and McPherson Negotiating Parties: Union
Pacific Railroad and City of Orange Under Negotiation: Price
and Terms of Payment b. Conference with
Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation:City of Orange
v.
Jeffrey A. Hambarian, et aI., Orange County Superior Court Case No.80-74-19 NOTE:
This
item was not discussed.c. To
consider and take possible action upon such other matters as are orally announced by the City Attorney,
City Manager, or City Council prior to such recess unless the motion to recess indicates any
of the matters will not be considered in Closed Session.Urgency Item
to be added to Closed Session MOTION - Murphy
SECOND - Slater AYES -
Slater, Alvarez, Mayor
Murphy, Coontz Moved that the need to
take action on a potential litigation item, pursuant to Government Code Section 4956.9, arose after
the posting of the agenda.PAGE 11
CITY COUNCIL MINUTES April 24, 2001
12. ADJOURNMENT
MOTION - Coontz SECOND -
Alvarez AYES - Slater,
Alvarez, Mayor Murphy, Coontz The City Council
adjourned at 6:30 p.m. to an Adjourned Regular Meeting, April 25, 2001 at 5:00 p.
m. in the Weimer Room to discuss 2001/02 Budget Revenues and Expenditures.t-UJJ~Cu-
A<<d-CASSANDRA
J C THCART, CMC CITY
CLERK ilfV{!;!:
L~MAYOR
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