5/25/2004 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON JUNE 8, 2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING May 25, 2004
The City Council of the City of Orange, California convened on May 25, 2004 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 Monsignor John Urell, St. Norbert's Catholic Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Mike Alvarez
1.3 ROLL CALL
PRESENT -
ABSENT -
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of Mayor's Award to Uka Salonki and Jyoti Salonki of the Uka Salonki
Foundation, for their $25,000 donation to the Library Foundation's Main Library
expansion campaign.
Presentation given announcing the 2004 Summer Reading Club, "Birds of a Feather Read
Together!" at Orange Public Libraries, by Rosanne Miller, Senior Librarian for
Children's, Adult & Branch Services, and Nora Jacob, Library Services Director.
The mascot for this Library reading program is a heron, similar to the ones on the original
fountain which is being restored. Mr. Bob Hitchcock, representing the Save the Fountain
Committee, provided a status report on the fountain restoration. The project is about half
way complete, with approximately $44,000 raised so far; but another $45,000 is needed
for the final restoration. Information on the fountain restoration can be obtained by
calling Mr. Hitchcock at 639-0631.
Presentation given by Shauna Fleming, of Lutheran High School, on the Million Thanks
letter campaign to collect a million letters of appreciation for U.S. troops. The website
for this campaign is www.amillionthanks.org.
Employee Service Awards - the following employees received service awards:
David DeBerry - City Attorney; Bobbi Comstock - Finance; Leila Hoopii - Finance;
Jeanne Arehart - City Manager (not present); Clark D. Smith - Police; Robert
Gustafson - Police.
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CITY COUNCIL MINUTES
May 25, 2004
1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS
Presentation given of Resolution No. 9860 to Erlinda Compton, expressing appreciation
to her for more than 13 years with the City of Orange.
Mayor Murphy announced the Council would be adjourning in memory of Glenn Wann,
long time resident of Orange.
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, Mary E. Murphy, declaring posting of City Council
agenda of a regular meeting of May 25, 2004 at Orange Civic Center north facing
kiosk, Police facility at 1107 North Batavia, Shaffer Park; 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; and available at the Civic
Center City Clerk's Offiee and Main Public Library at 101 N. Center Street.
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 May 6 and 13, 2004.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, May 11, 2004.
(C2500.D.4)
ACTION:
Approved, as amended.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
3.5 Receive and file the City Treasurer's Report, period ending April 30, 2004.
(C2500.F)
ACTION:
Approved.
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CITY COUNCIL MINUTES
May 25, 2004
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.6 Sewer Service Agreement - Request by Gene F. Holle and Lorraine I. Holle to
connect their property to City of Orange sewer. (A2100.0 Agr-4494)
SUMMARY: Gene and Lorraine Holle, Trustees of the Gene F. Holle and Lorraine I.
Holle Family Trust dated January 31,2001, owners of residential real property located at
10412 South Orange Park Boulevard in an unincorporated area of the County of Orange,
have requested to connect their house sewer lateral to the City sewer main in Clark
Avenue. They have executed a Sewer Service Agreement with the City of Orange and
are requesting City Council approval.
ACTION: Approved the connection request from Gene and Lorraine Holle and authorize the
Mayor and the City Clerk to execute this Sewer Service Agreement on behalf ofthe City.
FISCAL IMPACT: None. The property owners have paid all connection fees.
3.7 Sewer Service Agreement - Request by G. Michael Smith and Gary Bryan Warden
to connect their property to City of Orange sewer. (A2100.0 Agr-4495)
SUMMARY: G. Michael Smith and Gary Bryan Warden, owners of residential real
property located at 20052 East Clark Avenue in an unincorporated area of the County of
Orange, have requested to connect their house sewer lateral to the City sewer main in
Clark Avenue. They have executed a Sewer Service Agreement with the City of Orange
and are requesting City Council approval.
ACTION: Approved the connection request from G. Michael Smith and Gary Bryan
Warden and authorize the Mayor and the City Clerk to execute this Sewer Service
Agreement on behalf of the City.
FISCAL IMPACT: None. The property owners have paid all connection fees.
3.8 Amendment No. 1 to Waste Disposal Agreement with the County of Orange
(A2100.0 Agr-2763.1)
SUMMARY: The City entered into a Waste Disposal Agreement with the County of
Orange effective July 1, 1997. The Agreement sets the contract rate for waste disposed
in the County Landfill Disposal System at $22.00 per ton and guarantees that the City
will deliver all solid waste generated within its boundaries to the County Landfill
Disposal System. The Agreement must be renewed by mutual agreement of the parties
before June 30, 2004 or it will expire on June 30, 2007. Amendment No.1 will extend
the Agreement for a period of three years, through June 30, 2010, and will hold the
contract disposal rate at $22.00 per ton for that period.
ACTION: Approved Amendment No. I to Waste Disposal Agreement with the County of
Orange and authorized Mayor and City Clerk to execute on behalf of the City.
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CITY COUNCIL MINUTES
May 25, 2004
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: There is no fiscal impact to amending the Agreement, as the contract
disposal rate will not change during the term of the extension.
3.9 Award Consultant Services Agreement to Joseph C. Truxaw & Associates, Inc., for
Water Main Renewal for Villareal Drive. (A2100.0 Agr-4496)
SUMMARY: This Consultant Services Agreement will authorize Joseph C. Truxaw &
Associates, Inc. to provide final construction plans for water main renewal on Villareal
Drive. The scope of work includes utility potholing and preparing plans and profiles for
pipeline construction including quantity estimation.
ACTION: I) Awarded the Consultant Services Agreement in the amount of $20,325.00
to Joseph C. Truxaw & Associates, Inc, 265 S. Anita Drive, Suite Ill, Orange, CA
92868 and authorize the Mayor and City Clerk to execute on behalf of the City. 2)
Authorized $3,000.00 contingency expenditure for additional utility location work if
necessary and approved by the Public Works Director/City Engineer.
FISCAL IMPACT: Funds are budgeted and are available in the following account:
600-8011-426200 $23,325.00 Engineering Services
3.10 License Agreement between the City of Orange and Mary's Kitchen (A2100.0 Agr-
2059.B)
SUMMARY: Mary's Kitchen currently uses a portion of City property at the
Corporation Yard for a food facility serving needy people. Mary's Kitchen has been
under agreement with the City since 1993. The current license agreement expires June
30, 2004. It is recommended that the City Council renew the agreement for a five (5)
year term expiring in June 30, 2009. Mary's Kitchen is responsible for all program costs,
including utilities, except water.
ACTION: Approved the License Agreement between the City of Orange and Mary's
Kitchen to allow the use of City premises for a nonprofit food facility; and, authorized the
Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: There is no fiscal impact associated with the license agreement.
3.11 Award of Consultant Services Agreement to Emergency Consulting Services
Incorporated for Fire Station Location and Deployment analysis. (A2100.0 Agr-
4497)
SUMMARY: This contract authorizes Emergency Consulting Services Incorporated to
conduct a Fire Station Location and Deployment Analysis for the Fire Department.
ACTION: Awarded the contract in the amount of $36,620 to Emergency Consulting
Services Incorporated and authorized the Mayor and City Clerk to execute on behalf of
the City.
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CITY COUNCIL MINUTES
May 25, 2004
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds are budgeted and are available in the following account:
565-3011-486700-2610 - Fire Facilities Master Plan (Capital Improvements)
BIDS
3.12 Bid No. 034-39, rejection of bids and authorization of extension of contract for
traffic signal maintenance. (A2100.0 Agr-0332.E)
SUMMARY: This will reject bids received for a traffic signal maintenance contract and
extend current contract until staff can be hired to take over duties as a cost saving measure.
ACTION: I) Rejected all bids received for Bid No. 034-39, traffic signal maintenance
contract. 2) Authorized re-advertising for bids for extraordinary traffic signal
maintenance only. 3) Authorized staff to negotiate an extension of Agreement 0332 with
Peek/Signal Maintenance, Inc. for an additional amount not to exceed $60,000.00.
FISCAL IMP ACT: Funds are budgeted for this work, and are available in the following
account: 273-5032-427100-0000 Contractual Services $60,000.00
3.13 CLAIMS (C3200.0)
SUMMARY: The following claim(s) have been received and investigated by the City
Attorney's Office and/or the Risk Manager. After a thorough investigation with the
involved departments, it is the recommendation of the City Attorney's Office that the
claim(s) be denied.
a. Henry Licea
b. Alex J. Puente
c. Mark A. Rice
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster
CONTRACTS
3.14 Amendment No. I to Contract No. CP-0130 (Agreement 4019) Taft Avenue and
GlasselI Street Storm Drain Improvements (D-146) between the City of Orange and
the Orange County Sanitation District (OCSD) under the Cooperative Projects
Program. (A2100.0 Agr-4019.1)
SUMMARY: Amendment No. 1 extends the term of the original contract's overall
completion from December 12, 2003 to December 15, 2004 in order to allow the City to
satisfY all terms and conditions of the original contract.
ACTION: Approved Amendment No. I to the contract between the City of Orange and
the Orange County Sanitation District and authorized the Mayor and City Clerk to
execute the Amendment on behalf of the City.
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CITY COUNCIL MINUTES
May 25, 2004
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: None. Funds have been previously appropriated for the projects.
3.15 Contract Change Order No. 1 to General Pump Company for Well 18
Rehabilitation, Bid No. 034-23 (A2100.0 Agr-4433)
SUMMARY: In February of 2004, the City of Orange entered into a contract with
General Pump Co., to remove the pump, brushing and cleaning, redeveloping and
reinstalling the pump for the Well 18 Rehabilitation Project. After pulling the pump and
video surveying the well, it is recommended that a new pump and chemical treatment are
necessary to achieve Well18's rehabilitation goal.
ACTION: Approved the Contract Change Order No.1 in the amount of $72,649.36 to
General Pump Co. of San Dimas, CA 91773 for additional work and materials.
FISCAL IMP ACT:
600-8011-424101
600-8011-425100
Funds are budgeted and are available in the following accounts:
$38,000.00 Repairs to Building & Equipment
$34,649.36 Maintenance of Wells
RESOLUTIONS
3.16 RESOLUTION NO. 9870 (A2100.0 Agr-3009.3)
A Resolution of the City Council of the City of Orange Amending the Part-Time
Employee S 457 Deferred Compensation Plan.
ACTION: Approved.
MOTION - Coontz
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR MURPHY - None.
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS - None.
8. REPORTS FROM CITY MANAGER - None.
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CITY COUNCIL MINUTES
May 25, 2004
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 13-04 (SECOND READING) (C2300.E Ord-13-04)
An Ordinance of the City Council of the City of Orange approving the reclassification of property
located at the southeast corner of Almond Avenue and Lemon Street from C-2 (General Business
District) and R-4 (Multi-Family Residential) to R-4 (Multi-Family Residential).
Zone Change 1226-04
Applicant: Joe and Linda Day
MOTION - Ambriz
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 13-04 be read by title only and same was approved and adopted by
the preceding vote.
9.2 ORDINANCE NO. 14-04 (SECOND READING) (C2300.E Ord-14-04)
An Ordinance of the City Council of the City Of Orange approving Zone Change 1222-03
establishing a PC (Planned Community) Zoning Classification and adopting the Del Rio
Development Plan for approximately 73 acres to be annexed from the County of Orange located
West of Glassell Street, North of Lincoln Avenue and South and East of the Santa Ana River
Channel.
Zone Change 1222-03
Applicant: Del Rio, LLC
MOTION - Coontz
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 14-04 be read by title only and same was approved and adopted by
the preceding vote.
9.3 ORDINANCE NO. 15-04 (SECOND READING) (A2IOO.0 Agr-4498)
An Ordinance of the City Council of the City of Orange approving a Development Agreement by
and between the City of Orange and Del Rio, LLC, for approval of the phased development of the
property generally located West of Glassell Street, North of Lincoln Avenue and South and East
of the Santa Ana River Channel.
Applicant: Del Rio, LLC
MOTION - Ambriz
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 15-04 be read by title only and same was approved and adopted by
the preceding vote.
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CITY COUNCIL MINUTES
May 25, 2004
9. LEGAL AFFAIRS (Continued)
9.4 ORDINANCE NO. 16-04 (FIRST READING) (A2S00.0 Ord-16-04 News Racks)
An Ordinance of the City Council of the City of Orange amending Chapter 5.92 of Title 5 of the
Orange Municipal Code Relating to Regulations for News Racks on Public Property.
Discussion
Councilmember Steve Ambriz requested a staff report regarding the proposed regulations on
news racks in the City of Orange.
Director of Public Works Harry Thomas reported the City Council adopted a major revision to
the Newsrack Ordinance in 1996 and this proposal simply establishes specifications for type,
color, and construction requirements for news racks. Mr. Thomas reported that 16 entities,
including the Los Angeles Times, Orange County Register, and USA Today, currently hold news
rack permits from the City of Orange. Other news racks may exist without permits, and staff
will begin to investigate those entities installing news racks without a permit. He also noted that
193 of the 138 newsracks in the City are along four major streets; and during the last year, the
City received approximately 60 complaints dealing primarily with aesthetic concerns of
appearance, condition, and maintenance for news racks.
Mr. Thomas further reported this proposal includes a change from a one time $25 fee to a $125
per year fee which covers the costs for administering the proposed regulations and is consistent
with cities such as Garden Grove, Costa Mesa and Tustin. The City will provide a one year
amortization period for all news rack permit holders to comply with the revised standards. The
proposal only covers those news racks stationed on public property and limits the area length
occupied by news racks to 15 feet. Mr. Thomas expressed confidence that the proposed news
rack regulations will help deal with complaints and maintain appropriate aesthetic qualities.
Councilmember Ambriz asked if the City had notified all 16 companies holding a news rack
permit that this discussion would be on the Council Agenda; expressing concern that the majority
of companies may not have provided input on the proposed standards for news racks.
Mr. Thomas reported the Public Works Department has been working on the new regulations for
two years. During that time, anyone coming to the City for a permit was told of the proposed
regulations, but no notices were sent out specifically advising those entities of this meeting's
agenda. He reiterated that the proposed news rack regulations meet the current standard of most
print makers, and is driven by aesthetic values for the community.
Mr. Ambriz asked if the City should consider removing the news racks entirely for cost
effectiveness based on the number of racks and the fee collected for each one.
Mayor Murphy referred to a previous Council review of news rack regulations, noting that First
Amendment rights restrict cities from removing news racks. However, he commented that cities
can place requirements on news racks such that they do not degrade the aesthetic value of a
community.
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CITY COUNCIL MINUTES
May 25, 2004
9. LEGAL AFFAIRS (Continued)
Councilmember Coontz stated it would have been helpful if the Council had received some
background information on this issue, as it was discussed several years ago. There were a lot of
issues discussed at that time, including First Amendment rights. The Council wanted to
eliminate them completely but could not do that because of the First Amendment issues. She
expressed concern that the main arterial streets in Orange are becoming overcrowded and
beginning to appear saturated.
Mayor pro tern Cavecche asked why the City of Orange can not remove news racks entirely.
While she understands that the City can not regulate content, she does not agree that the news
rack have a place in the public right of way.
City Attorney David De Berry referred to a legal case involving the City of Tustin. He explained
that the City of Tustin attempted to prohibit news racks in the public right of way. The court,
however, declared news racks on the sidewalk as a traditional public forum. In order to
override this ruling, the government's interest needs to be sufficient to overcome the First
Amendment issue. As far as content regulation, Mr. De Berry noted that the City of Orange does
not allow hard core matter to minors in news racks, noting that the City has confiscated news
racks for including information suitable solely for adults.
Mayor pro tern Cavecche expressed her displeasure at the judicial system's findings on this
matter.
Councilmember Alvarez inquired about the number of news racks allowed at anyone location
and setback requirements; and if the proposal could reduce the area size allotted for news racks.
Mr. Thomas responded that the proposal limits news rack banks to fifteen feet in length with a
minimum of five feet between news rack banks. He noted that the standard plan provides set
back requirements with narrowing areas to accommodate news racks.
Mr. De Berry reported that the City would need to determine the government's purpose in
reducing the area size; and that there has to be some basis for the regulation that can be
supported. He explained that the City of Tustin's ordinance did not prohibit all news racks, but
created such stringent regulations that it severely limited locations to place news racks.
Councilmember Alvarez responded he would prefer to see more restrictions in the size of the
news rack bank.
Mayor Murphy estimated that the proposed 15 feet of news rack bank probably accommodates
only four or five news racks.
Councilmember Ambriz asked about the cost for news racks permits and if the City will be able
to recoup staff costs for permits, staff materials, and maintenance.
Mr. Thomas responded that the fees should sufficiently cover staff time, incidentals, supplies and
vehicle time. He stressed that the plan can refine the proposal, but the fees should adequately
recoup City costs.
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CITY COUNCIL MINUTES
May 25, 2004
9. LEGAL AFFAIRS (Continued)
Councilmember Coontz inquired if the news racks along Tustin encroach into already reduced
public sidewalk areas, as there are also numerous telephone and electrical poles. She expressed
concern for the difficulty of people passing by on the sidewalks, especially those with
wheelchairs and strollers.
Mr. Thomas assured the City Council that the current news rack code already reqUIres
compliance with the Americans with Disabilities Act.
Mayor Murphy asked about the proposed one year amortization period for permit holders to
comply with the proposed regulations, and if six months would provide an appropriate time
period for conforming to standards.
Mr. De Berry acknowledged the City's need to provide permit holders with an opportunity to
recoup their investment, and one year would provide a sufficient time for permit investors to
recoup costs of the news rack.
Mayor pro tern Cavecche stated, for the record, that it is ludicrous that the courts are forcing
cities to place newsracks on the public right-of-way; and she is voting yes because she has to.
MOTION - Murphy
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 16-04 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 will recess to a Closed Session for the following purposes:
NOTE: The City Council did not recess.
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.
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CITY COUNCIL MINUTES
May 25, 2004
12. ADJOURNMENT
There was no 7:00 p.m. Session. The City Council adjourned at 5:45 p.m. in memory of Glenn
Wann. The next regular City Council meeting is scheduled for June 8, 2004.
~~C((t-~(
MAR . URPHY )
CITY CLERK
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