8/10/2004 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON AUGUST 24, 2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING AUGUST 10, 2004
The City Council of the City of Orange, California convened on August 10, 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 Pastor Scott Whan, Old Towne Community Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Steve Ambriz
1.3 ROLL CALL
PRESENT -
ABSENT -
Ambriz, Alvarez, Mayor Murphy, Cavecche
Coontz
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Introduction of Miss Orange 2005 contestants - Nicole Smith and Kimberly Yeager and
Miss Orange 2004, Jaclyn Normandie.
Presentation to the City of Orange of the 2003/04 City of the Year Award from the
Orange County United Way.
Presentation of Resolution No. 9894 to Bob Knaak of the Public Works Department,
commending him for more than 35 years with the City of Orange.
Presentation of Resolution No. 9895 to Jerry Bailey of the Public Works Department,
commending him for more than 34 years with the City of Orange.
Councilmember Ambriz announced that on August 12, 2004, starting at 8:30 a.m., Home
Depot and Kaboom would be coordinating a volunteer effort to construct a playground at
the YMCA in one day.
Mayor Murphy announced the concert at Hart Park on August 11, 2004, at 7:00 p.m.
2. PUBLIC COMMENTS - None.
CITY COUNCIL MINUTES
August 10, 2004
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 August 10, 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 Office and Main Public Library, 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 July 20, 22, 29, 2004 .
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, July 27, 2004.
(C2500.D.4)
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 Attorney Services Agreement with the Law Firm of Palmieri, Tyler, Wiener,
Wilhelm & Waldron, LLP to provide legal services in connection with
condemnation matters. (A2100.0 Agr-2794.E)
SUMMARY: The City entered into an agreement with Palmieri, Tyler, Wiener,
Wilhelm & Waldron, LLP (hereafter, Palmieri, Tyler), to provide legal services in
connection with eminent domain matters, specifically the case of City of Orange v.
Ultramar. The firm is concluding an erninent domain matter and will be called
upon in the upcoming fiscal year to advise the City and if necessary, to litigate on
behalf of the City, additional eminent domain matters.
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CITY COUNCIL MINUTES
August 10,2004
3. CONSENT CALENDAR (Continued)
ACTION: Approved and authorized the Mayor and City Clerk to execute the proposed
contract with Palmieri, Tyler, Wiener, Wilhelm & Waldron, LLP for a total sum of
$100,000.
FISCAL IMPACT: Sufficient funds are available in account number 284-5011-483300-
4038 - Chapman Widening - 57 Fwy to Main St.
3.6 First Amendment to Attorney Services Agreement with the Law Firm of Liebert
Cassidy Whitmore. This firm represents the City in various safety personnel
matters. (A21 00.0 Agr-l042.Q.l)
SUMMARY: The City currently has an agreement for fiscal year 2003-04 with Liebert
Cassidy Whitmore for an amount not to exceed $60,000 to provide personnel legal
services. The term of the agreement has expired and therefore, the City would like to
enter into a new contract to extend the term for an additional year.
NOTE: Staff requested this item be removed from the agenda.
ACTION: Removed from the agenda.
FISCAL IMPACT: Sufficient funds are available in the Personnel Legal Services
Account No. 100-0301-426111.
3.7 Approval of a Reimbursement Agreement between the City of Orange and the
Orange Redevelopment Agency for FY 2004-2005. (A2100.0 Agr-3283.E)
SUMMARY: The Reimbursement Agreement between the City and Agency will create
indebtedness which will enable the Agency to utilize tax increment revenue instead of
bond proceeds to pay for operational costs. This will free up bond proceeds for loans or
projects.
(See ORA Minutes Item No. 3.4)
ACTION: Approved the Reimbursement Agreement between the City of Orange and the
Orange Redevelopment Agency, and authorized the Mayor to execute, and the City Clerk
to attest, the Agreement on behalf of the City.
FISCAL IMP ACT: There is no net fiscal impact on either the City or Agency budget.
Interest paid by the Agency on the loan will be offset equally by interest earned by the
Agency on the loan proceeds. There are sufficient tax increment revenues and other
funds available to repay this loan.
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CITY COUNCIL MINUTES
August 10, 2004
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.8 Agreement with the Orange International Street Fair, Inc. for production of the
Orange International Street Fair. (A2100.0 Agr-l071.F)
SUMMARY: This agreement supercedes the current agreement which was executed in
1994 with the Orange International Street Fair, Inc. and provides for the production of the
Orange International Street Fair. Changes include increased insurance coverage
requirements, a three year-term without automatic renewal, and a requirement for the
Street Fair organization to be responsible for cleaning up and paying for damage to
private property.
Discussion
Councilmember Alvarez commented on a meeting he and Mayor Pro Tern Cavecche had
with the City Manager's staff to review this agreement. He noted that a map with the
parameters of the fair is now a part of the agreement. Points raised at the meeting were-
Limits of liability insurance is now required and that the insurance coverage has changed;
the need for a response mechanism to respond to property owners' damage issues.
Councilmember Ambriz questioned whether the Street Fair organization has a Public
Information Officer (PIO) to respond to property owners' complaints. He also noted that
the agreement states that the Street Fair organization will pay for all damages caused to
private property.
He also asked about the map being updated to show Plaza Park being closed, as well as
whether public safety would be addressed, citing the need for screening volunteers
working at the fair. He also suggested that the street fair rules and regulations be posted.
Assistant City Manager John Sibley acknowledged that a PIO would be appointed prior
to the signing of the agreement. He affirmed that this year's agreement articulated the
obligation by the corporation to pay for all damage occurring on private property. He
stated that he would follow up with the organization on the background checks for
workers.
City Attorney David DeBerry responded with regard to the rules and regulations that
anybody is allowed to hand out literature, but not to set up a table in the plaza.
Councilmember Ambriz commented that restaurants are allowing their customers to leave
their establishment with drinks. He questioned the rule on this and the fact that some
restaurants allowed it and some did not. He suggested that a notice be sent with the
regulation clearly spelled out.
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CITY COUNCIL MINUTES
August 10, 2004
3. CONSENT CALENDAR (Continued)
Mr. Sibley agreed to look into the alcohol policy for restaurants. He mentioned that there
were differences between a restaurant license and liquor license requirements. He noted
the case in which some establishments were serving their drinks in the sidewalk area.
Councilmember Alvarez commented on allowing establishments to pull special permits
during the street fair; suggesting that a moratorium on issuing special permits be in effect
during the fair. He agreed that the Street Fair organization needed to be responsive to the
property owners to rectify problems.
Mayor Murphy noted that the approval of the agreement was contingent on a PIO being
appointed.
Discussion ensued on the need for background checks and the organization's
accountability to the city. In addition to public safety, the background checks would
effect health concerns.
Mayor Pro Tern Cavecche asked about the legality of requiring a background check. She
also stated that there was a misperception that the street fair is a city event. She
suggested that it be made clear that there was a separate organization that was responsible
for the fair. She reiterated her suggestion for a moratorium on allowing special events
permits for other businesses and organizations during the fair. She also stated that the
City had received complaints that the organization was unable to be contacted by phone,
and she requested that the organization be more responsive to the public.
Mr. DeBerry commented that ifthere is a provision in the agreement stating the need for
a background check it could be required; however, there would need to be a policy
established to include ramifications for a failed background check.
MOTION -
SECOND-
AYES-
ABSENT-
Alvarez
Cavecche
Ambriz, Alvarez, Mayor Murphy, Cavecche
Coontz
ACTION: Approved the agreement with Orange International Street Fair, Inc., and
authorized the Mayor to execute and the City Clerk to attest; and incorporate comments
by the City Council.
FISCAL IMPACT: None. The Orange International Street Fair, Inc. is responsible for
paying all City costs for the production of the Street Fair.
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CITY COUNCIL MINUTES
August 10,2004
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.9 Affirmation of Agreement with the City of Orange Public Library Foundation
concerning a fundraising opportunity during the 2004 International Street Fair.
(A2100.0 Agr-3580.A)
SUMMARY: This action affirms an Agreement to allow the non-profit Library
Foundation to operate pay parking lots once again on three areas of designated City
property during the International Street Fair. Cost per parking stall or per vehicle will be
$10.00.
Discussion
Library Director, Nora Jacob announced the success of a recent Library Foundation
fundraiser that raised approximately $13,000. Ms. Jacob also noted that the Friends of
the Library will be conducting a book sale during the street fair.
MOTION:
SECOND:
AYES:
ABSENT:
Mayor Murphy
Cavecche
Ambriz, Alvarez, Mayor Murphy, Cavecche
Coontz
ACTION: Affirmed Agreement with the City of Orange Public Library Foundation to
operate pay parking lots at $10.00 per parking stall or per vehicle in three areas of
designated City property during the 2004 International Street Fair.
FISCAL IMPACT: Because the Library Foundation will reimburse the City for staff
costs (if any) associated with the use of the parking lots, there is no fiscal impact.
BIDS
3.10 Project No. SP-3436; Sewer and Water Lines Relocation. Approval of plans and
specifications, and request for authorization to advertise for bids. (C2500.M)
SUMMARY: Plans and specifications have been completed for the relocation of a 6 inch
sewer line and a 10 inch water line in Center Street adjacent to the Main Library. The
project is ready to be advertised for bids. The estimated construction cost is $147,000
including 10% contingencies, and 15% for construction engineering.
ACTION: Approved plans and specifications and authorized advertising for bids for the
relocation of a 6 inch sewer line and a 10 inch water line in Center Street adjacent to the
Main Library.
FISCAL IMP ACT: Funds are budgeted and are available in the following accounts:
500-2001-481200-9901 $1,483,573 (Main Library Expansion Project)
220-5022-426700 $ 686.494 (Other Professional & Consulting Services)
TOTAL: $2,170,067
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CITY COUNCIL MINUTES
August 10, 2004
3. CONSENT CALENDAR (Continued)
3.11 Bid No. 045-08, Annual Service Contract for Concrete Replacement at Various
Locations, Fiscal Year 2004-2005; SP-3491. Approval of Plans and Specifications
and authorization to advertise for bids. (C2500.M)
SUMMARY: Plans and specifications have been completed for the Annual Service
Contract for Concrete Replacement at various locations, FY 2004-05 project. The project
is ready to be advertised for bids. The estimated construction cost is $200,000.
ACTION: Approved plans and specifications and authorized advertising for bids for the
Annual Service Contract for Concrete Replacement at Various Locations, FY 2004-2005
project.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and are
available in the following account:
262-5021-427100 (Measure M - Contractual Services) $250,000
CLAIMS
3.12 The City Attorney recommends that the Orange City Council deny the following
Application to Present a Late Claim: (C3200.0)
a. James Madison
ACTION: Denied Application to Present a Late Claim and referred to City Attorney and
Adjuster.
CONTRACTS
3.13 Final Acceptance of Bid No. 034-22; SP 3420; Garden Grove Boulevard Pavement
Rehabilitation from The City Drive to Park Vine Street, and SP 3421; The City
Drive Pavement Rehabilitation from Garden Grove Boulevard to 300 feet south of
the SR 22 and authorization to file Notice of Completion with the County Recorder
(No staff report required).
SUMMARY: Bid No. 034-22; SP 3420; Garden Grove Boulevard Pavement
Rehabilitation from The City Drive to Park Vine Street, and SP 3421; The City Drive
Pavement Rehabilitation from Garden Grove Boulevard to 300 feet south of the SR-22
Freeway. Contractor: R.I. Noble Company. Staff recommends acceptance of
improvements.
ACTION: Accepted public work improvements, authorized release of Travelers Casualty
and Surety Company of America of Connecticut, Bond No. 83 SB 104239113, for
$253,160.20, and authorized the Mayor and City Clerk to execute Notice of Completion.
FISCAL IMP ACT: None.
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CITY COUNCIL MINUTES
August 10, 2004
3. CONSENT CALENDAR (Continued)
3.14 Contract Change Order No.1; Bid No. 034-35; CDBG Street Reconstruction - FY
2003/04, Hill Street from Phillips to Montgomery, Walnut Avenue from Tustin Street
to Wayfield Street, and Palmyra Avenue from Tustin Street to east cul-de-sac.
(A2100.0 Agr-4477)
SUMMARY: Contract Change Order No. 1 authorizes payment for extra work at
Contract unit prices and agreed prices. The total amount of Contract Change Order No. 1
is $46,788.00.
ACTION:
1) Approved Contract Change Order No. 1 in the amount of $46,788.00 to Orion
Contracting, Inc. for the extra work.
2) Transferred $46,788.00 from 310-9645-483400-5380 (CDBG - Shaffer Street Storm
Drain Improvements, Phase 2) to 310-9645-483300-3219 (Hill Street).
3) Transferred $10,000.00 from 310-9645-483400-5380 (CDBG - Shaffer Street Storm
Drain Improvements, Phase 2) to 310-9645-483300-3026 (Walnut Avenue) for
additional inspection and contract administration cost.
4) Transferred $10,000.00 from 310-9645-483400-5380 (CDBG - Shaffer Street Storm
Drain Improvements, Phase 2) to 310-9645-483300-3019 (Palmyra Avenue) for
additional inspection and contract administration cost.
FISCAL IMP ACT: Funds are budgeted and will be available upon transfer in the Capital
Improvement Program in the following accounts:
310-9645-483400-3219
310-9645-483400-3026
310-9645-483400-3019
CDBG (Hill Street)
CDBG (Walnut Street)
CDBG (Palmyra Avenue)
$47,410
$10,364
$13,250
DONATIONS
3.15 Accept donation from an Orange resident for use in the Fire/Rescue Paramedic
program. (C2500.H)
SUMMARY: An Orange resident, Mrs. Ho Yeh Mei Chiu, has donated a check in the
amount of $600.00 to be used to support the Fire Department's Fire/Rescue program.
ACTION: Amended the revenue budget 100-3022-293900 (paramedic donations) -
$600.00. Appropriated funds to 100-3022-471301 (paramedic furniture, machinery,
equipment) $600.00
FISCAL IMPACT: The $600.00 donation will augment the Fire/Rescue (Paramedic)
budget.
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CITY COUNCIL MINUTES
August 10, 2004
3. CONSENT CALENDAR (Continued)
FACILITIES
3.16 Request to close the Main Library on Friday-Saturday, Sept. 3-4, during the 2004
International Street Fair. (C2500.I)
SUMMARY: Closure of the Main Library from 2-6 p.m. Friday, Sept. 3, and from 10
a.m.-6 p.m. Saturday, Sept. 4, is requested to avoid competition with the International
Street Fair downtown.
ACTION: Authorized the closure of the Main Library from 2-6 p.m. Friday, Sept. 3, and
from 10 a.m.-6 p.m. Saturday, Sept. 4.
FISCAL IMP ACT: There is no fiscal impact to closing the Main Library.
GRANTS
3.17 Grant from Tenet Healthcare Foundation for support of the Youth Services Bureau
Strategic Home Intervention and Early Leadership Development (SHIELD)
Program. (C2500.K)
SUMMARY: Tenet Healthcare Foundation, on behalf of Chapman Medical Center has
selected the Police Department's SHIELD Program as a beneficiary of funds.
ACTION: Accepted the grant award of $2,500 from Tenet Healthcare Foundation, which
has been deposited in account 100-4031-264950-2306 (Other Grant Revenue) and
appropriated $2,500 to account 100-4031-441600-2306 (Detectives-Miscellaneous
Expenditures-SHIELD Program) and amended the FY 2004-05 Revenue Budget in the
General Fund in the amount of $2,500 to reflect the receipt of the amount of the Tenet
Healthcare Foundation Grant.
FISCAL IMP ACT: There will be no impact to the General Fund as Tenet Healthcare
Foundation has awarded the funds. After appropriation, funds will be available in the
Detective Program budget as follows:
100-4031-441600-2306 $2,500 Miscellaneous Expenditures-SHIELD
PARKING PERMITS
3.18 Request approval of No Fee parking permits in Municipal Parking Lot J (South
Orange Street) for the Assistance League of Orange (10), and First United
Methodist Church (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.
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CITY COUNCIL MINUTES
August 10, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Approved the request and authorized issuance of the parking permits, valid
July 1,2004 thru June 30, 2005.
FISCAL IMPACT: Loss of$4,320 annual parking permit fees.
REPORTS
3.19 Public Health Goals Report for Years 2001, 2002 and 2003 Drinking Water Quality.
(C2500.P)
SUMMARY: The Public Health Goals Report for Years 2001, 2002 and 2003 is a report
to explain in plain language, information about the presence of contaminants in the
drinking water supply detected at levels above Public Health Goals published by the State
Office of Environmental Health Hazard Assessment during calendar years 2001, 2002
and 2003.
ACTION: Received and Filed.
FISCAL IMPACT: None.
RESOLUTIONS
3.20 RESOLUTION NO. 9898 (C2500.H)
A Resolution of the City Council of the City of Orange expressing appreciation to
Reymundo Montoya of the City of Orange Fire Department and commending him for 30
years ofloyal and dedicated service.
ACTION: Approved.
3.21 RESOLUTION NO. 9901 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2004-04 combining two parcels of certain real property situated at 205 & 235 West
La Veta Avenue in the City of Orange, County of Orange, State of California.
Owners: Orange Housing Development Corporation, a California Corporation
ACTION: Approved.
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CITY COUNCIL MINUTES
August 10,2004
3. CONSENT CALENDAR (Continued)
VOTING DELEGATE
3.22 Voting Delegate - League of California Cities (No Staff Report Required)
(OR1800.0.12)
SUMMARY: Designate Mayor pro tern Carolyn Cavecche as the City of Orange's
Voting Delegate at the League of California Cities 2004 Annual Business Meeting on
September 19, 2004.
ACTION: Approved.
MOTlON-
SECOND-
AYES
ABSENT -
Alvarez
Ambriz
Alvarez, Ambriz, Mayor Murphy, Cavecche
Coontz
Item 3.6 was removed from the Agenda. Items 3.8 and 3.9 were heard separately. All
other 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
6.1 Annual Report from the Audit Committee (OR1800.0.27.17)
SUMMARY: In accordance with Resolution No. 8802, the Audit Committee shall report
annually to the City Council. The report summarizes the activities and accomplishments of the
Committee during the past fiscal year.
Discussion
David Sundstrom, Chairman of the Audit Committee summarized the activities and
accomplishments of the Audit Committee.
Councilmember Ambriz queried whether there were any findings in the report that the council
needed to follow up on. He also asked whether these reports can be available on the City's
website.
Mr. Sundstrom responded that the committee did not identify any issues of concern.
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CITY COUNCIL MINUTES
August 10, 2004
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued)
City Manager David Rudat stated that he would look into putting these reports on the website.
Councilmember Cavecche requested that two Councilmembers be appointed to this committee to
sit as ad hoc members.
MOTlON-
SECOND-
AYES
ABSENT -
Mayor Murphy
Cavecche
Ambriz, Alvarez, Mayor Murphy, Cavecche
Coontz
ACTION: Received and filed.
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
NOTE: The City Council did not recess.
a. Conference with Legal Counsel - Significant exposure to litigation pursuant to
Government Code Section 54956.9(b) (one potential case).
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.
12. ADJOURNMENT
The City Council adjourned at 5:35 p.m.
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