HomeMy WebLinkAbout7_25_2000 - Council MinutesAPPROVED BY THE CITY COUNCIL ON AUGUST 8, 2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING July 25, 2000
The City Council of the City of Orange, California convened on July 25, 2000 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 Harry Thomas, Director of Public Works
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Slater
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Mayor Coontz
announced:On July
18th the City of Orange welcomed a visit by Mexican Consul Miguel Isidro who hasrecentlymovedtoOrange) and Alfredo Cruz from the Santa Ana Office.The Community
Service Programs, Inc. Drug Court Graduation, July 20th.Mayor Coontz
gave the keynote address at the graduation and participated in the program honoring
individuals who have worked their way through the rigorous program and
are now beginning substance-free productive lives.Concerts
in the Park are held every Wednesday evening at 7:00 p.m. through the summer
at Hart Park with a variety of music each week.Employee
Recognition Service Awards. The following employees received Service Awards: (C2500.J.4.18)Jim
Bisetti - Public Works; Josie Kauo - Finance; Brad Beyer - Police;Sandy Taylor - Police; Oswaldo
Bernal- Public Works; Phillip Casto - Police;Victor Steele - Police; David Allenbach - Public
Works; Buddy Madden, Jr. - Public Works; Angela Scherer - Community Services/Library; Frank Frasz - Fire;
Jerry Burgess - Police; Jack Nanigian - Police; Richard Eggers - Fire;Daniel Graupensperger -
Fire.PAGEl
CITY COUNCIL MINUTES
July 25, 2000
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Continued
Tom Groseclose, Fire Marshall, was recognized as the recipient of the NationalManagementAssociation (NMA), City of Orange Chapter, Manager of the Year 2000Award. Finalists Linda Berquist and Police Captain Robert Gustafson were alsointroduced. (C2500.E)
The Orange County Chapter of the American Planning Association recently honored theCityofOrangeforitsnewplanningguidelinesaimedatprotectinghistoricresourcesandstreamliningtheenvironmentalreviewprocess. The City's "Local CEQA (CaliforniaEnvironmentalQualityAct) Guidelines for Historic Resources" won the Focused IssuePlanningAward. Ben Pruett, Planning Commissioner; Robert Chattel, HistoricPlanningConsultant; Fred Gillette, President of the Old Towne PreservationAssociation; Vern Jones, Planning Manager; John Godlewski, Principal Planner; andDanRyan, Sr. Planner were recognized for their efforts in obtaining this award.
2. PUBLIC COMMENTS
Carole Walters (address on file) reported, I) the Orange Emblem Club recently deliveredtoystoCHOCHospitalandplanstohaveapancakebreakfastasafundraiser; 2) sincetheCityhasnoticedtheOrangeCafetoputtheirtablesandchairsinsidetheirrestaurant,the City should also notice all restaurants in Old Towne and the rest of the City; and 3)she visited with former Police Chief John Robertson recently who was in town for aspecialoccasion.
Councilman Alvarez stated he had talked with the owner of the Orange Cafe and theCity's Code Enforcement Division was still working on this issue. Mayor CoontzinstructedtheCityManagertorelaythecorrectinformationonthisissuetoMs. Walters.
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motionapprovingtherecommendedactionlistedontheAgenda. Any member of the CityCouncil, staff or the public may request an item be removed from the Consent Calendarfordiscussionorseparateaction. Unless otherwise specified in the request to remove anitemfromtheConsentCalendar, all items removed shall be considered immediatelyfollowingactionontheremainingitemsontheConsentCalendar.
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Councilagendaofanadjournedregularmeeting, July 25, 2000 at 3:30 p.m. and a regularmeetingofJuly25. 2000 at Orange Civic Center, Main Library at 101 N. CenterStreet, Police facility at II07 North Batavia, the Eisenhower Park Bulletin Board,and summarized on Time-Warner Communications, all of said locations beingintheCityofOrangeandfreelyaccessibletomembersofthepublicatleast72hoursbeforecommencementofsaidregular
meeting.3. CONSENT CALENDAR
Continued PAGE
CITY COUNCIL MINUTES July 25, 2000
3. CONSENT CALENDAR Continued
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 July 6,11, and 13,2000.
ACTION:Approved.
3.3 Receive and file the City Treasurer's Report, period ending June 30, 2000. (C2500F)
ACTION:Approved.
3.4 Request approval of City Council Minutes, Regular Meeting of July 11, 2000 and
Adjourned Regular Meeting of July 11, 2000.
ACTION:Approved.
3.5 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
AGREEMENTS
3.6 Agreement between the County of Orange and the City for provision of Gang
Prevention and Suppression Services. (A2lO0.0 AGR-1853.
H)SUMMARY: Since 1991, the City of Orange and County of Orange have entered
into yearly agreements that have provided the City with services of a full-
time Probation Officer specializing in gang prevention and suppression. The Probation Office
works in conjunction with the Police Department's Gang Unit to provide
supervision and enforcement of court orders for minors and adults on probation under the
existing policy of the Orange County Probation Department and Superior Court.
The proposed Agreement is for the period July I, 2000 through June
30, 2001.ACTION: Approved the Agreement between the County of Orange and the
City for Provision of Gang Prevention and Suppression Services in the amount of$86,
301; and authorized the Mayor and City Clerk to execute on behalf of
the City.FISCAL IMPACT: Funds are budgeted for Fiscal Year 2000-01
in Account Number 120-4032-426700 (Prop
I 72-
CITY COUNCIL MINUTES July 25, 2000
3. CONSENT CALENDAR Continued
REMOVED AND HEARD SEPARATELY)
3.7 Award of consultant agreement for pavement condition survey and pavement
management services. (A2JOO AGR-
3581)SUMMARY: Berryman & Henigar, an engineering consultant, has submitted
an acceptable proposal to perform a pavement condition survey and to provide
pavement management services to update and maintain the Pavement Management System for
the City of
Orange.FISCAL IMPACT: Funds are available in Account Number 262-
5021-426700 (Traffic
Improvement-Measure M-Contractual Services).Councilman Slater complimented staff on
proceeding with the Pavement Management System in order to keep up to date on the
status and maintenance ofthe streets.Councilman Slater expressed support for the continued
maintenance of the System which is
available for four more years.Mayor Coontz also complimented staff and expressed
support for the four-year continued maintenance program. Mayor Coontz
asked if the Pavement Management System included sidewalks, curbs or gutters as there have been calls
to the Mayor's Hotline lately on the condition of curbs and gutters especially in the older
sections of town; and ifit
was integrated with the GIS system.The Director of Public Works reported this System is only
for road beds, but they do have the ability to collect information during the
surveys on deterioration of curbs and gutters; and it is currently a stand-alone system
but
can be integrated with the GIS program.Council discussed the option of including
in this motion the continued support and maintenance ofthe System which is available to the City
at an additional cost of$4,634 per year for four years. The Director of
Public Works reported the continuation should be considered at a later date, as it will take a while to get
the system in place and tested. In subsequent years there will be a need to
update the system,
adding additional data and
making any modifications.
MOTION - Mayor Coontz SECOND - Slater AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to authorize the Mayor and City Clerk to execute
a consultant agreement with Berryman & Henigar for Pavement Management System services
in the amount of 70,606.00
on behalf
CITY COUNCIL MINUTES July 25, 2000
3. CONSENT CALENDAR Continued
3.8 Use of the former Bank of America parking lot as a fundraising opportunity for the
Community Services Foundation and Library Foundation during International
Street Fair. (A2100 AGR-
3580)SUMMARY: Designation of the Community Services and Library foundations as
the non-profit agencies allowed to operate a pay parking lot during the
International Street Fair and execution of a five-year agreement with these agencies outlining
the terms
of this use.ACTION: Authorized a five-year agreement with the
Community Service and Library Foundations allowing these agencies to operate a pay parking
lot during the International Street Fair in the former Bank of America parking lot located
at 345 E. Chapman Avenue, setting the price for parking at $5 per vehicle,
and providing for reimbursement to the City for staff costs
associated with this use.FISCAL IMPACT: Since the Foundations will reimburse the
City for staff costs associated with the use ofthe parking lot as a fundraiser, there
is
no fiscal impact.BIDS 3.9 Final Contract Change Order; Bid No. 990-
07; Project No. SP-3239C, Chapman Avenue Rehabilitation from Grand Street
to Cambridge Street. (A2100.0 AGR-3426)SUMMARY: This Final Contract Change
Order authorizes payment for the increase in final as-built quantities at contract
unit prices and unforeseen extra work beyond the original scope of work. The totalcontract
cost for this project is $225,205.49.ACTION: Approved a Contract Change Order No. I in
the amount of$14,825.03 to All American Asphalt for the additional quantities
at contract
unit prices and extra work at agreed price.FISCAL
IMPACT: Fundsare budgeted in the following
accounts:550-5011-483300-3208-00000 $4,
447.51 (Chapman Avenue
Rehabilitation)262-5011-483300-3208-00000 $10,377.52 (Chapman Avenue Rehabilitation)Total $
14,825.03.3.10 Final Contract Change Order; Bid No.
990-08; Project No. SP-3239D, Chapman Avenue Rehabilitation from Cambridge Street
to Tustin Street. (A200.0 AGR-3427)SUMMARY: This Final Contract Change Order
authorizes payment for the increase in final as-built quantities at contract unit prices and
unforeseen extra
CITY COUNCIL MINUTES July 25, 2000
3. CONSENT CALENDAR Continued
ACTION: Approved a Contract Change Order No. I in the amount of$12,576.1O to All
American Asphalt for the additional quantities at contract unit prices and extra work at
agreed price.
FISCAL IMP ACT: Funds are budgeted in the following account:
550-5011-483300-3207-00000 $12,576.
10 (Chapman Avenue Rehabilitation)3.
11 CLAIMS (C3200.0)The City Attorney recommends that the Orange City
Council deny the following
Claim(s) for
damages:a. Alonzo Eubanks ACTION: Denied Claim(s) for damages and referred to
City Attorney and
Adjuster.
FISCAL IMPACT: None.CONTRACTS 3.12 Projects No. 2977 & No. 2978 - Award a Professional Services Contract
for the seismic retrofit and renovation design ofthe City Fire
Headquarters. (A2100 AGR-3579)SUMMARY: This contract authorizes the design consultant
to review existing building plans, reports, conceptual architectural plans, and
structural calculations and provide structural engineering construction documents for the seismic
retrofit and renovation of the City Fire Headquarters. Remodeling of the first floor, and
re-roofing of the building will also be accomplished
with the retrofit design project.ACTION: Awarded a contract in the amount of $103,
000 to Integrated Design Services,Inc., 250 North Golden Circle Drive, Suite 105, Santa
Ana, CA 92705, and authorized the Mayor and City Clerk to
execute on behalf ofthe City.FISCAL IMPACT: Funds are budgeted or are
available in the following accounts:565-5011-
481105-2977 $372,878 (Fire Headquarters Seismic
Retrofit)550-5011-481105-2977 $277,
725 (Fire
Headquarters Seismic Retrofit)565-3021-481105-2978 $539,620 (Fire Headquarters Remodel)FUND
TRANSFER 3.13 Fund transfer
for consultant
CITY COUNCIL MINUTES July 25, 2000
3. CONSENT CALENDAR Continued
SUMMARY: The City Council previously approved a construction contract award for
the repainting of the exterior of four water tanks. The recommended action will fund the
appropriate expenditure accounts so that a contract inspection service can be retained to
inspect the work of the construction contractor.
ACTION: Approved the transfer of$13,100 from Account 601-8041-
484501-8320 (1-5 Pipeline Project) to Account No. 601-
8041-
484400-8216 (Wanda Collins/Reservoir 4 Painting).FISCAL IMPACT: The 1-5 Pipeline
Project is almost complete and excess funds are available in the 1-5 Project Account.
A portion of these excess funds are recommended to be transferred to the
reservoir painting project. Total Water Capital Fund 601 expenses approved by the City Council for
budget year
2000-01 will not be
exceeded with this recommended action.RATIFICATION OF DECLARATION OF EMERGENCY 3.14 Review the need to
continue the installation of a methane gas control systemat Yorba
Park in
response
to an emergency. (C2500.M.4.I)ACTION:
Approved.RESOLUTIONS 3.15 RESOLUTION NO. 9273 (FA2100.0 AGR-235I)A Resolution ofthe City
Council of the City of Orange Approving a Transfer of
Control of
the Cable
Television Franchise Granted to Time Warner Entertainment,
AdvancelNewhouse Partnership.ACTION: Approved.3.16 RESOLUTION NO. 9311 (A2100 AGR-3426)A Resolution of
the City Council of the City of Orange finally accepting the completion of a
certain public work and improvement; Bid No. 990-07; SP 3239C;
All American
Asphalt; Street
Rehabilitation Improvement
CITY COUNCIL MINUTES July 25, 2000
3. CONSENT CALENDAR Continued
3.17 RESOLUTION NO. 9312 (A2I00.0 AGR-
3427)A Resolution of the City Council of the City of Orange finally accepting the
completion of a certain public work and improvement; Bid No. 990-08; SP 3239D;
All American Asphalt; Street Rehabilitation Improvement for Chapman A venue from
Cambridge Street to
Tustin Street.
ACTION: Approved.3.18 RESOLUTION NO. 9313 (A2100.0 AGR-
0343.A.MOI0)A Resolution of the City Council of the City of Orange approving
the execution of Program Supplement Agreement No. MOI0 to Local
Agency-State Master Agreement No. 12-5073 for Federal Aid Projects with the State of
California which will fund a portion of the Street Rehabilitation on Chapman Avenue
from
Grand Street
to Cambridge Street.ACTION: Approved.3.19RESOLUTION NO. 9314 (
A2100. AGR-0343.A.M.009)A Resolution of the City Council ofthe City
of Orange approving the execution of Program Supplement Agreement No.
M009 to Local Agency-State Master Agreement No. 12-5073 for Federal Aid Projects with
the State of California which will fund a portion of the Street Rehabilitation
on
Chapman Avenue
from Cambridge Street to Tustin Street.ACTION: Approved.3.
20 RESOLUTION NO. 9315 (FA2100.0 AGR-2351.1)A Resolution ofthe City
Council ofthe City of Orange granting to Time Warner Entertainment-
Advance/Newhouse Partnership, a
seven year
extension to
CITY COUNCIL MINUTES July 25, 2000
3. CONSENT CALENDAR Continued
3.21 RESOLUTION NO. 9316 (A4000.0 APP-
476)Resolution of the City Council of the City of Orange overruling the decision
ofthe Planning Commission and upholding Appeal No. 476, allowing a reduction in
the required front yard setback from 20 feet to 16 feet on 13 percent of the lots in
Serrano Heights Development Area 7 located east of Serrano A venue and Orange Park
Boulevard,west of Serrano A venue and Nohl Ranch
Road.Appeal No.
476 Administrative Adjustment
00-05 Applicant and Appellant: Pulte
Home Corporation
ACTION: Approved.3.22 RESOLUTION NO. 9318 (
C2500.N)A Resolution of the City Council of the City of Orange expressing appreciation
to Bob Cruz of the Community and Library Services Department and commending him
for over 34 years of loyal and dedicated service to the City
of Orange.
ACTION: Approved.MOTION -
Murphy SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Item
3.7 was removed and heard separately; all remaining items on the Consent Calendar were
approved as recommended.END
OF CONSENT CALENDAR 4.
REPORTS FROM MAYOR COONTZ - None 5. REPORTS
FROM COUNCILMEMBERS Mayor pro
tern Spurgeon indicated he has an announcement to be agendized for the August 8th Council meeting.
PAGE 9
CITY COUNCIL MINUTES July 25, 2000
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Investment Oversight Committee (ORI800.0.27.16)TAPE 1100
The Investment Oversight Committee Quarterly Report for the Quarter Ending June 30, 2000.
MOTION - Murphy SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Received and
Filed.6.2 Orange
County Housing Authority (OCHA) Advisory Committee (OR1800.0.3.2)Appoint Diane Cotto
as City Representative to the Orange County Housing Authority Advisory Committee to replace
Darlene Chandler (term expires 3/31/2001).MOTION - Slater SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez ACTION: Approved.7. ADMINISTRATIVE REPORTS - None.
8. REPORTS
FROM CITY MANAGER - None.9.
LEGAL AFFAIRS 9.1 ORDINANCE NO. 15-
00 (FIRST READING) (
A2500.0 Animal Control)An Ordinance of the City Council of
the City of Orange amending Section 6.04.050 of the Orange Municipal Code relating to offensive animal
behavior.City Attorney explained current law does not
specifically prohibit persons from allowing their animals to defecate on private properties and
require removal of such deposits. This Ordinance addresses this issue.Mayor Coontz reported a
call had been
received on the Mayor's Hotline asking the City to initiate a "pooper scooper" law.Carole Walters (
address on file) spoke in
support ofthis Ordinance and asked when it will go into effect. The City Attorney explained it
goes into effect 30 days from the 2nd reading which will be at the August 8, 2000
Council meeting.PAGE 10
CITY COUNCIL MINUTES July 25, 2000
9. LEGAL AFFAIRS Continued
MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance
No. 15-00 be read by title only and same was set for second reading by the preceding
vote.10. RECESS
TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS
TO CLOSED SESSION The City
Council recessed at 5:23 to a Closed Session for the following purposes:a. Conference
with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation:NOTE: This
item
was not discussed. Vista Royale HOA v. City of Orange, et aI., Orange County Superior Court
Case No. 78 02 84 b. Conference with
Legal Counsel and Police Chief pursuant to Government Code Section 54957 - Threat to
Public Services or Facilities 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 ofthe matters
will not be considered in Closed Session.12. ADJOURNMENT MOTION - Mayor
Coontz SECOND -
Murphy AYES - Murphy, Slater,
Mayor Coontz, Spurgeon,
Alvarez The Council adjourned at 5:45 p.
m.1A~f~CASS J. CATHCART CITY CLERK
f PAGE
11