7/25/2000 - Council Minutes - CC Minutes Reg Meeting
APPROVED 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 has recently moved to Orange) 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.
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July 25, 2000
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Continued
Tom Groseclose, Fire Marshall, was recognized as the recipient of the National
Management Association (NMA), City of Orange Chapter, Manager of the Year 2000
Award. Finalists Linda Berquist and Police Captain Robert Gustafson were also
introduced. (C2500.E)
The Orange County Chapter of the American Planning Association recently honored the
City of Orange for its new planning guidelines aimed at protecting historic resources and
streamlining the environmental review process. The City's "Local CEQA (California
Environmental Quality Act) Guidelines for Historic Resources" won the Focused Issue
Planning Award. Ben Pruett, Planning Commissioner; Robert Chattel, Historic
Planning Consultant; Fred Gillette, President of the Old Towne Preservation
Association; Vern Jones, Planning Manager; John Godlewski, Principal Planner; and
Dan Ryan, 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 delivered
toys to CHOC Hospital and plans to have a pancake breakfast as a fundraiser; 2) since
the City has noticed the Orange Cafe to put their tables and chairs inside their restaurant,
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 a
special occasion.
Councilman Alvarez stated he had talked with the owner of the Orange Cafe and the
City's Code Enforcement Division was still working on this issue. Mayor Coontz
instructed the City Manager to relay the correct information on this issue to Ms. Walters.
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 an adjourned regular meeting, July 25, 2000 at 3:30 p.m. and a regular
meeting of July 25. 2000 at Orange Civic Center, Main Library at 101 N. Center
Street, Police facility at II07 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.
3. CONSENT CALENDAR Continued
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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-Gangs-Other Professional & Consulting Services).
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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 ofthe City.
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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 total contract 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: Funds are 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 work beyond the
original scope of work. The total contract cost for this project is $370,351.88.
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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 construction inspection services for the painting of
four water tanks. (C2500.P)
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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 system at
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 for Chapman Avenue from Grand Street to
Cambridge Street.
ACTION: Approved.
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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.
3.19 RESOLUTION 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 the current
Cable Television Franchise Agreement.
ACTION: Approved.
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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.
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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.
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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
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