HomeMy WebLinkAbout8_22_2000 - Council MinutesAPPROVED BY THE CITY COUNCIL ON SEPTEMBER 12,2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING August 22, 2000
The City Council of the City of Orange, California convened on August 22, 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 Helen Walker, Soroptimist International
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Coontz
1.3 ROLL CALL
PRESENT -ABSENT -
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Councilman Alvarez
was absent from the 7:00 p.m. Session)1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS The following
employees were presented Service Awards: (C2500.J.4.18)Wendy Saunders -
Fire; Jorge Chavez - Police; Mark Gibbs - Police;Daniel Adams - Police; Dung Nguyen -
Police; Roy Griffith - Police;Ed Polliard - Police; Robert Stuart - Fire; Lori Benicky -
Finance;Kevin King - Police; Diane Matthews - Finance; Barbara Bozman - Police;Dennis Schmitz -
Public Works.Certificates were presented to the Members of the Central Orange
Fastpitch (10 and under division)
for their victory at the 38th Tournament of Champions, a regional softball tournament
held in Buena Park from July 27 through July 31.Mr. Sean Greenfield, Orange
Masonic Lodge 293, presented a check for $1000 to the Orange
Veterans Memorial Fund. Mr. John Whiteriver accepted the check on behalf of the Veterans
Memorial Committee. Mayor Coontz announced the Committee has collected approximately $14,000 to
date, and is still accepting donations.Mayor Coontz announced:The
official grand opening of the Courtyard center in Downtown was Friday,
August 18th This
center, located in the 100 block of North Glassell, includes professional offices,
retail shops and restaurants.PAGE 1
CITY COUNCIL MINUTES August 22, 2000
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
Waste Management Company has produced a new brochure which has been sent
to residents of Orange outlining the new recycling program.
Fire Battalion Chief Doug Mochizuki was the recipient of the Courage Under Fire
Award, for a freeway rescue he performed while off duty.
Councilman Murphy announced the new Miss Orange crowned Saturday, August 19th, is
Cayce Lee, a student at Chapman University.
Councilman Slater announced he had recently seen a coyote in the Old Towne area
during daytime hours. Animal Control was called and the coyote was caught.
Councilman Slater warned residents of the dangers of coyotes, and advised calling
Animal Control, 935-6848, ifone is
spotted.2. PUBLIC COMMENTS - None
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 August 22, 2000 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 August 3,8,10,
2000.ACTION:
Approved.3.3 Receive and file the City Treasurer's Report, period ending July 31, 2000. (C2500.
F)ACTION:
Approved.PAGE
2
CITY COUNCIL MINUTES August 22, 2000
3. CONSENT CALENDAR (Continued)
3.4 Request approval of City Council Minutes, Regular Meeting August 8, 2000.
ACTION:Approved.
3.5 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
AGREEMENTS
3.6 First Amendment to Agreement No. 3580 with the Community Services and Library
Foundations for use of the Former Bank of America Parking Lot as a fundraising
opportunity for the Community Services and Library Foundations during the 2000
International Street Fair. (A2100.0 AGR-3580.
1)SUMMARY: Agreement 3580 allowed the Community Services and
Library Foundations to operate a pay parking lot at the location of the former Bank of
America building at 345 E. Chapman Avenue during the 2000 International Street Fair.
Staff recommends that the agreement be amended to add the Main Library parking lot,
located at 101 N. Center Street. All other terms of the original agreement would
remain unchanged. Upon approval of the amendment, staff proposes to close Main Library
on Saturday, September 2, 2000 and expand the hours at Taft and El Modena
Branch Libraries for the convenience of library
patrons.ACTION: Approved an amendment to Agreement No. 3580 adding the Main
Library Park Lot to the locations authorized for operation of a pay parking lot as a
fundraising opportunity for the Community Services and Library Foundations during the
2000 International Street
Fair.FISCAL IMPACT: Since the Foundations will reimburse the City for staff
costs associated with the use ofthe parking lots as a fundraiser, there is no fiscal
impact
APPROPRIATION 3.7 Appropriation of funds for drainage improvements on Montgomery
Place.C2500.M.
17)SUMMARY: Improvements are needed to control drainage from the public right of
way on Montgomery Place from entering onto adjacent private properties. It is estimated
that 20,000 will be necessary to complete
improvements.ACTION: Approved appropriation of $20,000 from Fund 272, Unappropriated Gas
Tax to Account No.
272-5011-483300-3182.FISCAL IMP ACT: Upon appropriation, funds will be available
in Account Number 272-5011-
483300-3182 (
CITY COUNCIL MINUTES
August 22, 2000
3. CONSENT CALENDAR (Continued)
BIDS
3.8 Reject all bids received for Bid No. 990-40, and request authorization tore-advertise the project (S4000.S.
3.3)SUMMARY: The City received 6 bids for Bid No. 990-40 - TrafficSignal & Striping Modifications at various locations. Staff recommends that all bids be rejectedandtheprojectbere-advertised including amendments to the Project'sSpecialProvisionstobetter
facilitate project delivery.ACTION: Rejected all bids received for Bid No. 990-40 andauthorizedstafftoadvertisetheproject
with revised
special provisions.
FISCAL IMPACT:
Lincoln/Canal Glassell/Taft Funding for the project is available
in
the
following
accounts:
284-
5032-
483100-
6059 284-5032-
483100-6122 284-
5032-485100-6122
550-5032-483100-
6147 284-5032-
483100-6146 272-
5032-483300-3406
TOTAL
105,000.
00 12,519.00
38,000.00 45,000.00 48,691.24 14,905.00 264,115.24 KatellalHandy Lincoln/Orange-Olive Chapman/Chandler Ranch Rd.REMOVEDAND
HEARD SEPARATELY)3.9 Rejection of Bids - Bid No. 990-42; ADA Improvements for the EdwardsHouseandPolice
Headquarters (C2500.M.5)SUMMARY: The City received only one bidforthisprojectandthebidpriceishigherthanfunds
budgeted.Councilman Alvarez
asked what improvements
were proposed for the Edwards House.The Director of
Public Works reported it was the handicap ramp.MOTION - Slater SECOND - Murphy
A YES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved torejecttheone
bid received
CITY COUNCIL MINUTES August 22, 2000
3. CONSENT CALENDAR (Continued)
3.10 Final Contract Change Order; Bid No. 900-14; Project No. SP-
3239E, Glassell Street Rehabilitation from Maple Avenue to Walnut Avenue. (A2100.
0 AGR-3501)SUMMARY: This Final Contract Change Order authorized payment for
the increase in final as-built quantities at contract unit prices and unforeseen
extra work beyond the original scope of work. The total contract cost for this project
is $471,138.75.ACTION: Approved a Contract Change Order No. 1 in the amount of $
29,245.25 to Excel Paving Company for the additional quantities at contract unit
prices and extra
work at agreed price.FISCAL IMPACT: Funds are budgeted in
the following Account: 272-5011-483300-4004 $
29,
245.25 (Glassell Street Rehabilitation).CLAIMS 3.11 The City Attorney recommends that the
Orange City Council deny the following
Claim(s) for
damages: (C3200.0)
a. Marie Jakubec
b. Margarita Mellett
c. Karen Hsu-Hardt FISCAL IMPACT: None.ACTION: Denied Claim(s) for damages
and
referred to City Attorney and Adjuster.CONTRACTS 3.12 Award of Contract - Bid No.
990-48; Project SP-3311; Woodwind Avenue Storm Drain and
Deep Spring Road Sidewalk Access. (A2100.0 AGR-3591)SUMMARY: The
project improvements include the construction of new storm drain facilities including piping,
inlets and drainage structures for the interception of storm runoff along the Santiago Hills
Park Paseo north of Woodwind Avenue. The project will also construct a new concrete
stair walkway
access to Santiago Hills Park from Deep Springs Road.ACTION: 1) Authorized fund transfer
of$15,000.00 from appropriated funds in Account
No. 590-5013-426700 and appropriated to Account No. 590-
5013-483400-5338 for Construction Administration, Inspection and Contingencies; and 2) Awarded a contract in the amount
of $78,299.80 to SRD Construction, and
authorized the Mayor and the City Clerk to execute on behalf of
the City.FISCAL IMPACT: Funds are
budgeted or
CITY COUNCIL MINUTES
August 22, 2000
3. CONSENT CALENDAR (Continued)
3.13 Award of Contract - Bid No. 990-45; Project SP-3290; Street Monuments andEntrySigns. (A2100.0
AGR-3592)SUMMARY: The Street Monuments and Entry Signs, when constructed, will
serve the following purposes: indicate the City boundary; provide a sense of community
pride :md identity, and enhance the aesthetic appearance of the roadway and
nearby area.ACTION: 1) Awarded a contract in the amount of $260,264.00 to
Trugreen Landcare and authorized the Mayor and City Clerk to execute on behalf of the City;
and 2)Authorized a change order reducing the award in the amount of $119,014.00
that would have constructed sign improvements at three (3) locations, thereby adjusting
the final contract amount to $141,
250.00.FISCAL IMPACT: Upon appropriation, funds are budgeted or are available
in the following account: 500-5011-485100-3100 $
180,000 (CIP Street Monuments).3.14 Contract Change Order No.1 to Contract No. 3826
with Highlight Electric Co., for the Katella Avenue Signal
Interconnect Project (Bid
No. 989-44).A2100.0 AGR-3286)SUMMARY: The contract change order will
pay for additional work performed by the Contractor during the course of this
project. The total contract, including this change order, remains
within the approved budget for this project.ACTION: Approved Contract Change Order No. I in
the amount of $
24,172.00 to Agreement No. 3826.FISCAL IMP ACT: Adequate funds are available for
this change order in the amount of 24,172.00 from the Katella
Ave.
Signal Interconnect project Account No. 550-5032-483100-6462.3.15 Purchase
of Hewlett-Packard 9000 Model
LI000 Server through a CMAS cooperative purchasing agreement (C2500J.2)SUMMARY: It is requested that
the City Council authorize the purchase of a new File
Server which will support the City's Utility Billing operation.ACTION: Authorized the
purchase of a Hewlett-Packard 9000 Model Ll 000 File
Server from Midwest Systems in the amount of $39,354.68.NOTE:
Councilman Murphy abstained on this item due to a business conflict.
FISCAL IMPACT: The FY 2000-01 Information Technology Budget (Account No. 790-1601-
481303-9640) includes $45,000 for the purchase and
installation of
CITY COUNCIL MINUTES August 22, 2000
3. CONSENT CALENDAR (Continued)
REPORTS
3.16 Status of City's Sanitary Sewer System - Informational Report. (C2500.M.3)SUMMARY:
City of Orange's Sanitary Sewer System is generally in good shape, is routinely
maintained and inspected and has no major structural deficiencies.Approximately
one-third of the capacity deficiencies identified in the 1990 Sewer Master
Plan have been addressed over the last 10 years. There is a continuing annual program to
relieve capacity deficiencies. The sewer lines are inspected by video camera on
approximately a four-year cycle. The estimated cost for remaining system
upgrades,construction of maintenance relief facilities and repair of minor deficiencies
is approximately $4.2
million.ACTION: Received and
filed.FISCAL IMP ACT:
None.
RESOLUTIONS 3.17 RESOLUTION NO. 9322 (A2100.0
AGR-3286)A Resolution of the City Council of the City of Orange finally accepting
the completion of a certain public work and improvement, Bid No. 989-44,
Highlight Electric Company,Traffic Signal Interconnect on Katella Avenue from the SR-
55
Freeway to
Struck Avenue.ACTION: Approved.3.18 RESOLUTIONNO. 9324 (
C2500.M.16.1)A Resolution of the City Council of the City of Orange
approving Lot Line Adjustment LL-2000-05 adjusting Lot Lines of certain real
property described as 203-257 S. Main Street. Lots I, 3, 5, 7, 9 and 11 of Tract 609 in
the City of
Orange, County
of Orange,State of California.ACTION: Approved.3.
19 RESOLUTION NO. 9325 (C2500.J.1)A Resolution of the City Council of the
City of Orange expressing appreciation to Diana Laboissonniere of the Orange Finance
Department and commending her for more than
sixteen years
of loyal
CITY COUNCIL MINUTES August 22, 2000
3. CONSENT CALENDAR (Continued)
3.20 RESOLUTION NO. 9326 (S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing a section of
Center Street for a special event
Special Event: Ministry Faire to be held August 27,2000.
ACTION: Approved.
3.21 RESOLUTION NO. 9328 (S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing a section of
Palm Avenue between Glassell Street and Center Street, and the temporary suspension of
permit parking restrictions within this same segment of Palm Avenue for a special event
from 3:30-7:30 p.m. and 9:30-11:30 p.m. on Saturday, November
18, 2000.Special Event: Chapman University 19th Annual American Celebration
Scholarship Gala
ACTION: Approved.MOTION -
Slater SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Item
3.9 was removed and heard separately. Councilman Murphy abstained on Item 3.
15. The remainder of the Consent Calendar was approved as recommended.END
OF CONSENT CALENDAR 4.
REPORTS FROM MAYOR COONTZ - None.5. REPORTS
FROM COUNCILMEMBERS - None.6. REPORTS FROM
BOARDS, COMMITTEES, AND COMMISSIONS - None.7. ADMINISTRATIVE REPORTS 7.
1 Report from
the Director of Community and Library Services on the concept of a dog park located at
Yorba Park. (C2500.M.4.1)The Directorof Community
and Library Services reported the Orange Dog Park Association has approached the City with
the intent of having a dog park located in the City of Orange as a public place where dogs
may be exercised off-leash, and dogs and their owners can interact with others in a
pleasant outdoor environment. Since the proposal is preliminary and involves only a PAGE 8 m___._ _'___'__"_~____""_ _______________________..____
CITY COUNCIL MINUTES August 22, 2000
7. ADMINISTRATIVE REPORT (Continued)
concept, the fiscal impact has yet to be determined. However, the Association is in the process
of becoming a legal, non-profit organization and once this is achieved, will assume
responsibility for handling the operation and facilitation of the dog park. Their proposal also includes
private fundraising for initial improvements and ongoing
maintenance.City staff has researched the pros and cons of dog parks; investigating other parks throughout
the County, as well as talking to the Orange County Animal Control. The City has found very
few negative aspects to a dog park and once the concept is approved an agreement will be
negotiated with the Dog Park Association outlining specific areas of responsibility. After careful
review and consideration, it was determined the best location for a dog park would be at Y orba
Park Councilman Alvarez asked about liability issues. The Director of Community and
Library Services reported they have found dog bite incidences to be a rare occurrence in parks such
as this. The City Attorney explained the City is responsible for the maintenance of the property,
but the dog owners are liable for the actions of their
dogs.Mayor Coontz asked about the process of establishing this park, and if this is just part of
an overall plan for Y orba Park. The Director of Community and Library Services eXplained
there will be a conceptual plan drawn up for the entire park and confirmed the dog park is just a part
of the entire six acres of Y orba
Park.Councilman Alvarez asked about the hours and staffing of the park. The Director of
Community and Library Services explained these issues will be outlined in the agreement with the Dog
Park Association, and there will be a strict code of conduct for both the dogs and their
owners.Mr. Brady McDonald, 628 E. Palmyra, spoke in support of a dog
park.Ms. Jeannine Lawrie, President of the Orange Dog Park Association, 2512 N. Shady
Forest,reported no taxpayer funds are being used to establish this dog park. Fundraising events
and community activities are being planned to raise money for the
park.Rick Cryder, 307 S. Wrightwood, member of the Orange Dog Park Association, spoke in
support of the dog park. He explained owners are responsible for the liability of their dogs and there
will be definite rules for dog behavior. They intend to conduct educational programs for the dogs
at the park as well as utilize it for recreational purposes, and suggested a memorial site for
rescue dogs killed in the line of
duty.In response to questions from the Council, Mr. Cryder explained they will separate the
small dogs from the large ones, which helps to minimize conflicts, and dogs that are allowed to run
and socialize have better dispositions with fewer problems. He also noted in addition to the
dog parks in Orange County there are nine other parks in Southern California, including Los
Angeles,and none of them encounter major
problems.PAGE
CITY COUNCIL MINUTES
August 22, 2000
7. ADMINISTRATIVE REPORTS (Continued)
John Thawley, 545 S. Orange, spoke in support of the dog park and read a poem written by hisdog "Trudy".
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, spoke on the dog park.
Communications were received from the following people in support of a dog park:
Jonell Schlund
Debbie Friedman
Cynthia Morgan
Rhona _ slaughter @ hotmail.com
Communications were received from the following people in opposition to a dog park:
Pat Colin
Greg & Melanie Baxter
Jim Geisert
Delores Levers
The City Manager noted this is an important dimension to the entire park system. However,
there is no money allocated for a dog park in the current budget. If the Council approves this
concept, it is essential there be a comprehensive plan for the entire park, and staff can then
develop an appropriation plan.
Councilman Murphy noted a side benefit to dog parks is the opportunity for people to visit and
watch the dogs and interact with other people's dogs. He suggested the remaining part of the
park could be used for girls' softball as more attention needs to be drawn to girls' sports.
Mayor Coontz recommended the plans for the remaining portion of the park be addressed at a
later time.
Councilman Slater congratulated the Orange Dog Park Association for their perseverance m
bringing this concept forward, and asked for suggestions for a name for the park.
MOTION - Mayor Coontz SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
the concept of establishing a dog park at Yorba Park; and request the Park,Planning and Development
Commission to evaluate the park site and recommend a site plan for the dog park.
8. REPORTS FROM
CITY MANAGER - None.9. LEGAL AFFAIRS - None.
PAGE 10
CITY COUNCIL MINUTES August 22, 2000
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Attorney announced the need to discuss the personnel appointment of the Community
Development Director at Closed Session.
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that the
need to take action arose after the posting of the Agenda.MOTION - Murphy SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved to add the personnel appointment
of the Community Development Director to the Closed Session.The City Council recessed at
5:
35 P.M. to a Closed Session for the following purposes:a. Conference with Legal Counsel pursuant
to Government Code Section 54956.9(a) - existing litigation:Robertson v. City of Orange, Orange
County
Superior Court Case No. 815120.Bergstrom v. City of Orange, Orange County
Superior Court Case No. 817502.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 - None.13. PUBLIC HEARINGS
13.1 CONDITIONAL USE PERMIT
NO. 2328-00,
RANDY AND ANN HARRIS:C3300 CUP 2328)The public hearing on
petition by Randy
and Ann Harris to consider Conditional Use Permit No.2328-00 to allow the construction of
an accessory second housing unit in conjunction with the construction ofa new residence located at
1802 N. Kimbark Lane was continued from June 27,2000. NOTE: This project is categorically
exempt from the provisions of the California Environmental Quality Act.PAGE 11
CITY COUNCIL MINUTES
August 22, 2000
13. PUBLIC HEARINGS (Continued)
NOTE: A letter was received from Randy and Ann Harris on July 10, 2000 requesting acontinuanceofthisitemtoSeptember12, 2000.
MOTION - Murphy SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez Moved
to continue the
public hearing to September 12,2000.13.2 WEED ABATEMENT
HEARING (C2500.H.2)Time set for a
public hearing for the purpose of considering and hearing objections to the proposed removal of weeds
which constitute a public nuisance. Resolution No. 9320, adopted by the City CounciloftheCityofOrangeonAugust8, 2000, declares weeds a public nuisance and initiates abatement proceedings.The properties which constitute
a public nuisance and must be abated by the removal of weeds are:Vacant Lot at
421
S. Hill Assessor's Parcel No. 393-342-04 800 E.
Collins Assessor's Parcel No. 386-261-24
SIW corner of Chapman and Esplanade Assessor's Parcel No. 392-211-01, 53
and 54 NOTE: This property has since been abated by the removal
of weeds Abandoned Railroad from Chapman
to Fairhaven MAYOR COONTZ OPENED THE
PUBLIC HEARING.THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE
PUBLIC HEARING.MOTION -
Murphy SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon ABSENT -
Alvarez Moved to
declare the following properties a nuisance and approve abatement by a private contractor:VacantLot
at 421 S. Hill Assessor's Parcel No. 393-342-04
800 E. Collins Assessor's Parcel No. 386-
261-24 Abandoned Railroad from Chapman
to Fairhaven
PAGE12
CITY COUNCIL MINUTES
14. PLANNING AND ENVIRONMENT - None.15.
ADJOURNMENT MOTION -
Murphy SECOND - Slater
A YES - Murphy,
Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez The City
Council adjourned at
7:10 p.m.CASSANDRA 1. THCART, CMC CITY
CLERK August 22, 2000
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