1/11/2005 - Council Minutes - CC Minutes Reg Meeting
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APPROVED BY THE CITY COUNCIL ON JANUARY 25, 2005
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING January II, 2005
The City Council of the City of Orange, California convened on January 11, 2005 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 Reverend Sandy Freud, New Faith Fellowship of Orange
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Cavecche
1.3 ROLL CALL
PRESENT,
ABSENT '
Smith, Ambriz, Murphy, Cavecche, Dumitru
None.
1.4 PRESENTATIONS/ ANNOUNCEMENTS/INTRODUCTIONS
Invitation from Joe Greenwald, YMCA Longhouse Chief, Challenge to the Mayor and
Councilmembers to participate in the Indian 500 Chiefs Race, at 11 :30 a.m. on Saturday,
February 5th at The Village at Orange.
Proclamation honoring Orange Lutheran High School Football Team, Division 6, CIF
Champions.
Announcement - The City Council will adjourn in memory of former Mayor Don E.
Smith.
2.
PUBLIC COMMENTS -
Eric Noble, Address on File, spoke on the proposed East Orange development and the
need for a runoff management plan; and submitted a map depicting development.
John Ufkes, 20121 Clark Street, spoke on proposed East Orange development.
Msgr. John Urell, St. Norbert Church, representing Orange County Human Relations
Commission, submitted the Human Relations Commission Annual Report for 03,04; and
presented highlights.
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CITY COUNCIL MINUTES
January 11,2005
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 I
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 January 11, 2005 at Orange Civic Center 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 at 101 N. Center Street.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office ofthe City Clerk.
3.2 Request Council Confirmation of warrant registers dated December 9, 16, 23 aud
29,2004.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Adjourned Regular Meeting of
December 7, 2004, and Regular Meetings of December 14, 2004 and December 28,
2004. (C2S00.D.4)
ACTION:
Approved.
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 November 30,
2004. (C2S00.F)
ACTION:
Received and filed.
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3.6
Receive and file the Audited Financial Statements and Related Financial Reports
for the year ended June 30, 2004. (C2S00.J.1.3)
ACTION:
Received and filed.
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CITY COUNCIL MINUTES
January 1 I, 2005
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.7
First Amendment to Attorney Services Agreement with the Law Firm of
Walsworth, Franklin, Bevins & McCall for personnel legal services. (A2100.0 Agr,
4507.1)
SUMMARY: The City entered into an agreement with Walsworth, Franklin, Bevins &
McCall to provide personnel legal services. The proposed First Amendment will increase
the not to exceed amount from $30,000 to $75,000.
ACTION: Approved First Amendment to Agreement with Walsworth, Franklin, Bevins
& McCall; and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Sufficient funds are available in the Legal Services Account No.
100,0301-426111.
APPROPRIATIONS
3.8 State of California Office of Traffic Safety (OTS) Sobriety Checkpoint Program for
Local Law Enforcement Agencies II. (C2S00.K)
SUMMARY: The OTS has authorized a reimbursable grant award in an amount not,to,
exceed $13,212. There is not a cash match requirement. The Sobriety Checkpoint
Program is designed to reduce the number of people killed in alcohol, involved crashes in
2005. Funds provided by this mini'grant will be used to cover overtime costs associated
with DUI checkpoint activities during the holiday period in December 2004/January
2005.
ACTION: Appropriated $4,404 from the General Fund into the Traffic Program for the
OTS grant as follows: 100-4041-412101,2252 Overtime, Safety; and Amend the FY
2004,05 Revenue Budget in the General Fund in the amount of$4,404 to reflect the
receipt of the amount of the OTS grant.
FISCAL IMPACT: Because the City of Orange was approved for a reimbursable grant
award in the amount of $4,404 through the OTS Sobriety Checkpoint Program for Local
Law Enforcement Agencies II funds, there will be no fiscal impact to the General Fund.
After appropriation, funds will be available in the Traffic Program budget for the OTS
grant as follows:
100,4041-412101,2252 $4,404 Overtime, Safety
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CITY COUNCIL MINUTES
January 11, 2005
3. CONSENT CALENDAR (Continued)
3.9
(REMOVED AND HEARD SEPARATELY)
Appropriation of Revenue for Special Eveuts and Recreatiou Programs. (C2S00.N)
SUMMARY: The Community Services Department received revenue in the amount of
$13,549.72 from sponsorships, donations, and vending machines for the purchase of
supplies, equipment and entertainment for annual special events and recreation programs.
Discussion
Mayor pro tern Cavecche suggested that an article be placed in the Orange Progress
acknowledging these types of donations.
In response to questions from Councilmember Ambriz, Bonnie Hagan, Community
Services Supervisor eXplained the 3'd of July funds are not reflected here because they go
into a separate revolving account
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
ACTION: Accepted donations from various sources in the amount of $9,033.45; and
appropriated $9,033.45 in donations and sponsorships, as well as $4,516.27 in revenue
received from park vending machines, as follows:
100,7014-443800,1 026 (Other Recreation)
100,7015,426700 (Professional Services)
100,7015,427800 (Contractual Services
100,7015,443800 (Other Recreational Supplies)
TOTAL
$4,516.27
$3,208.45
$2,500.00
$3.325.00
$13,549.72
FISCAL IMP ACT: After the appropriation, sufficient funds will be available as listed.
BIDS
(REMOVED AND HEARD SEPARATELY)
3.10 Hart Park Pool Building Renovation Bid No. 045-29; Approval of Plans and
Specifications and Authorization to Advertise for Bids. (C2S00.M.4.9)
SUMMARY: The plans and specifications for the renovation of Hart Park Pool Building
are complete and the project is ready to bid.
Discussion
Mayor pro tern Cavecche noted the amount of work being done to a historical stmcturc
and wanted assurances that the proposed work has been thoroughly reviewed for
historical compliance; and asked whether the Design Review Committee had reviewed
the plans.
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January 11, 2005
3.
CONSENT CALENDAR (Continued)
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Community Services Manager, Gabe Garcia, stated that an historical consultant was hired
to ensure compliance with historical standards. He also informed that the project would
begin after the aquatic season ended.
Councilmember Smith noted this is an opportunity to look at the process for historical
structures and that it may be appropriate for the Design Review Committee to review
plans of this type. She also wanted to ensure that a photo documentation had been donc
before any work begins and suggested that building fixtures could be recycled to other
buildings.
Council asked for a report on the work being done with assurance that the historic aspects
of the building were being maintained; and asked for further briefings and site visits to
the building before the work begins.
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
ACTION: Approved plans and specifications and authorized advertising for Hart Park
Pool Building Renovation Bid No. 045-29.
FISCAL IMPACT: Funds are available in the following accounts:
511-7021-481200-0027 $ 60,000.00 Hart Park Renovation
310-9645-481200,0027 $132.365.00 Hart Park Renovation CDBG
TOTAL: $192,365.00
3.11 CLAIMS (C3200.0)
a.
b.
I c.
d.
e.
ACTION:
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.
Brendan Bradley
Nick and Gloria Buford
Southern California Edison (07-06-04 Incident)
Dale Primrose
City of Huntington Beach
Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES
January 11, 2005
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.12 Contract Change Order No. 1 to Henkels & McCoy, Inc. of 14575 Foothill I
Boulevard, Fontana, CA for Bid No. 034-28. Waterline Renewals for Lemon,
Oceanview, Gayle, Little Main and Shaffer Street (W-623). (A2100.0 Agr-4479)
SUMMARY: In May of 2004, the City of Orange entered into a contract with Henkels &
McCoy, Inc. to replace existing old and deteriorating water mains, renew and update
existing water services and upgrade and add additional fire hydrants at Lemon,
Oceanview, Gayle, Little Main and Shaffer Street. Due to unforeseen conditions resulting
from the constmction, additional costs were incurred.
ACTION: Approved the Contract Change Order No. I in the amount of $32,390.18 to
Henkels & McCoy, Inc. for additional work and materials.
FISCAL IMP ACT: Funds are currently budgeted and available in the following
accounts:
600-8041-425200-0000
601-8041-485100-8400
$17,900.00
$14,490.18
Maintenance of Water Mains
Pipeline Renewal Materials
3.13 Award of Public Project Contract - Bid No. 045-24, Well 25 Rehabilitation.
(A21 00.0 Agr-4616)
SUMMARY: This contract authorizes the redevelopment of Water Well 25 to restore its
capacity and improve water quality. Southwest Pump & Drilling, Inc., of Coachella, CA
is the lowest responsible bidder.
ACTION: Appropriated from Water Fund 600 Reserves $84,000.00 to 600-8011-425100
Maintenance of Wells; awarded the contract in the amount of $136,568.00 to Southwest
Pump & Drilling, Inc., of Coachella, CA 92236; and authorized the Mayor and City
Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funding for this project with the recommended fund transfers and
appropriation is:
600-8011-425100
$152,000.00
Maintenance of Wells
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CITY COUNCIL MINUTES
January 11, 2005
3. CONSENT CALENDAR (Continued)
3.14 Award of Contract - Bid No. 045-25; City of Orange Police Facility Sergeant/Report
Writing Room Tenant Improvements, SP-3S00. (A2100.0 Agr-4617)
SUMMARY: The Bids were received and opened on November 30, 2004. Three
contractors responded to the invitation for bids. The low bidder is Granger Constmction
for $72,669.00
ACTION: Awarded the contract in the amount of $72,669.00 to C. A. Granger
Construction, 750 N. Batavia Street, Unit F, Orange, CA 92868 and authorized the Mayor
and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are available in the following account:
100-4011-481200-2107 $83,946
CIP Projects
3.15 Final Acceptance of Bid No. 045-04; SP-3481; Slurry Seal at Various Locations, FY
2004-05 and authorization to file Notice of Completion with the County Recorder
(No staff report required). (A2100.0 Agr-4S34)
SUMMARY: Bid No. 045-04; SP-3481; Slurry Seal at Various Locations, FY 2004-05.
Staff recommends acceptance of improvements. The contractor on said job was
American Asphalt South.
ACTION: Accepted public work improvements, authorized release of International
Fidelity Insurance Company of New Jersey, Bond No. 0390317, in the amount of
$620,577.00, and authorized the Mayor and City Clerk to execute the Notice of
Completion.
FISCAL IMP ACT: None.
3.16 Rejection of Bids - Bid No. 045-19; Orange Main Library and History Center
expansion and renovation (Project No. SP-3436) (C2S00.I)
SUMMARY: The City received three bids for this project with a low bid for a contract
total of $13,327,316.00. This exceeds the budgeted funds. For this and other reasons,
rejection of all bids is proposed.
ACTION: Rejected the bids received for construction of the project; and authorized re-
advertising for bids for the Orange Main Library.
FISCAL IMP ACT: Funds are budgeted and are available in the following accounts:
500-2001-481200-9901 $ 6,526,908.00 Capital Projects
552-2001-481200-9901 $ 7,093,466.00 State Bond Grant
$13,620,374.00
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CITY COUNCIL MINUTES
January 11, 2005
3. CONSENT CALENDAR (Continued)
PROPERTY PURCHASE
3.17 Purchase of a strip of land for street widening at 2730 E. Chapman Avenue.
(P2S00.0)
SUMMARY: Acquisition of a small strip of land for the widening of Chapman Avenue,
east of Y orba Street.
ACTION: Authorized the Mayor and City Clerk to execute escrow and related documents
concerning the purchase of a strip of property at 2730 E. Chapman Avenue, to be used in
connection with Chapman Avenue widening east of Yorba Street. Purchase price is
$12,500.00 plus related escrow costs.
FISCAL IMPACT: Funds are available in Account No. 272-5011-483300-3023,
$212,707.00, Chapman Avenue Critical Intersection Widening.
RESOLUTIONS
(REMOVED AND HEARD SEPARATELY)
3.18 RESOLUTION NO. 9929 (S4000.S.3.1.2)
A Resolution of the City Council of the City of Orange rescinding Resolution No. 9908,
and adopting a Revised Master Resolution of Permit Parking Areas within the City of
Orange.
Discussion
Councilmember Ambriz requested clarification as to why one area, identified as the west
end, paid a fee; and the other area, identified as the east end, did not. He also
commended the residents in the West end of town for their efforts in following through
with this request.
Public Works Director, Harry Thomas, stated that a fee was charged to the west end area
where the parking permits were requested by the residents to address conditions created
by multiple family developments in neighboring cities. The residents in the east end area
were not charged a fee because the parking permits are needed due to a car wash adjacent
to their neighborhood causing undue parking problems.
MOTION - Ambriz
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
ACTION: Approved.
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CITY COUNCIL MINUTES
January I 1, 2005
3.
CONSENT CALENDAR (Continued)
3.19
RESOLUTION NO. 9934 (OC1300.D.1)
A Resolution of the City Council of the City of Orange approving the submittal of
transportation improvement projects to the Orange County Transportation Authority for
funding under the Combined Transportation Funding Program.
ACTION: Approved.
3.20 RESOLUTION NO. 9937 (C2S00.K)
A Resolution of the City Council of the City of Orange expressing appreClatlOn to
Lieutenant John Higley of the Police Department and commending him for more than
twenty nine years of loyal and dedicated service.
ACTION: Approved.
MOTION - Ambriz
SECOND - Smith
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Items 3.9, 3.10 and 3.18 were removed and heard separately. All items on the Consent
Calendar were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR MURPHY - None.
S. REPORTS FROM COUNCIL MEMBERS - 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
January 11, 2005
9. LEGAL AFFAIRS
9.1 ORDINANCE NO.1-OS (FIRST READING) (A2S00.0 Ord-1-0S Bingo)
An Ordinance of the City Council of the City of Orange Amending Chapter 5.95 of Title 5 of the
Orange Municipal Code Regulating Bingo Games.
MOTION - Ambriz
SECOND - Murphy
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitm
Moved that Ordinance No. 1-05 be read by title only and same was set for second reading by the
preceding vote.
9.2 ORDINANCE NO.2-OS (URGENCY MEASURE) (A2S00.0 Ord-2-0S Massage)
An Urgency Measure of the City Council of the City of Orange Prohibiting the Establishment of
New Massage Businesses.
Discussion
Councilmember Dumitru asked about enforcement and follow-up of the existing licensing
requirements.
City Attorney, David DeBerry, stated that Massage Practitioners granted a temporary license
must prove within six months that they have passed the national test. If they fail to do so, their
license is revoked. He added that the Police Department visits businesses and monitors
compliance.
Speakers - speaking in favor of revising the Ordinance:
Julie Weich, 190 S. James
Joel Doti, West Pacific Institute
Paula Schlue, Body Center
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved that Ordinance No. 2-05 be read by title only and same was adopted as an Urgency
Ordinance by the preceding vote; and staff was directed to review the existing massage
regulations and return with an ordinance amendment addressing the recent influx of massage
establishments and what appears to be an abuse of the temporary permit process.
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CITY COUNCIL MINUTES
January 11,2005
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:30 p.m. to a Closed Session for the following purposes:
a. Public Employee Performance Evaluation pursuant to Government Code Section 54957
Titles: City Manager and City Attorney
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Personnel Director Steven Pham & Personnel Manager Mike Harary
Employee Organization: All Bargaining Units
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 of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12. PUBLIC COMMENTS -
Charlotte Samuels, Anaheim Hills, spoke on the proposed East Orange development.
Alex Mintzer, Address on File, spoke on the proposed East Orange development and deficiencies
of the runoff management plan.
13. PUBLIC HEARINGS
13.1 GENERAL PLAN AMENDMENT NO. 2004-0005; ZONE CHANGE NO. 1229-04;
MAJOR SITE PLAN REVIEW NO. 355-04; DESIGN REVIEW COMMITTEE NO.
3942-04; VESTING TENTATIVE TRACT MAP NO. 16787; MITIGATED NEGATIVE
DECLARATION NO. 1736-04 - THE OLSON COMPANY (C2300.E GPA-2004-000S)
Time set for public hearing to consider a proposal for the development of an 18-unit townhome
complex located on a 1.1 acre site, comprised of three contiguous parcels owned by the Orange
Redevelopment Agency, located at the intersection of Manchester Place and Compton A venue,
including 206 N. Manchester Place. As part of the land disposition agreement between the
Orange Redevelopment Agency and the applicant, the Olson Company has agreed to provide
50% of the units (9) as moderate-income units for a period of 45 years. The proposal includes:
. A General Plan Amendment to change the General Plan land use designation from Office
Professional (OP-0.50 floor area ratio) to Low-Medium Density Residential (LMDR - 6,
15 dwelling units per acre);
. A Zone Change to change the zoning from Office Professional (OP) to Multi-Family
Residential (R-3);
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CITY COUNCIL MINUTES
January 11, 2005
13. PUBLIC HEARINGS (Continued)
. A Major Site Plan Review (and accompanying Density Bonus) and a Design Review to
allow for the development of eighteen, 3-bedroom 2 1/2 bath townhomes, each with a
two-car garage. Nine of the units will be affordable to moderate income families; and
. A Vesting Tentative Tract Map to confer a vested right for the applicant to proceed with
the standards, for the division of land, in effect at the date the application was deemed
complete.
Note: Mitigated Negative Declaration No. 1736,04 was prepared to evaluate the potential
environmental impacts of the proposed project in accordance with the provisions of the
California Environmental Quality Act.
NOTE: A letter dated Januarv 5, 2005 from The Olson Company was received requesting
a continuance of the hearing until the Disposition and Development Agreement between
The Olson Company and the Orange Redevelopment Agency is finalized.
Council Action:
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to continue until the Disposition and Development Agreement between The Olson
Company and the Orange Redevelopment Agency is finalized; public hearing to be re,advertised
and residents notified.
14. PLANNING AND ENVIRONMENT
14.1 Consideration of appeal submitted by Mike Walker, regarding a decision of the City
Traffic Commission regarding a request to prohibit left-turns from Santiago Canyon Road
onto Cabrillo Street. (OR1800.0.19)
SUMMARY: The City Traffic Commission (CTC), at their November 10, 2004 meeting, denied
a request for a left turn restriction on Santiago Canyon Road at Cabrillo Street, between the
hours of 5:00 and 7:00 PM. That action is being appealed by Mike Walker, citing errors in data
collection.
Reason for Aooeal: "Out of safety concerns for the children living in this area, 1 am compelled
to appeal the Traffic Commission's denial for a prohibit left turn sign on Santiago & Cabrillo.
As for errors, I intend to cite the data collection and reasons for denial. The commission missed
the point and demonstrated a total disregard for safety."
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January 11, 2005
14. PLANNING AND ENVIRONMENT (Continued)
Discussion
Public Works Director, Harry Thomas, reported on the request and the residents' concerns about
congestion and cut through traffic. The Traffic Commission denied the request because of
concerns with effectiveness and enforcement. He also reported on the future interscction
improvements planned for the area in question.
Mayor pro tern Cavecche asked if a sign in the middle of the road would result in liability issues
for the City. She also asked about the availability of Measure M funds.
Councilmember Dumitru asked about the days the traffic counts occurred on.
Mr. Thomas indicated that the State Traffic Manual gives guidelines for placement of signs,
which does allow for the placement of a sign in the middle of the street. He suggested a sign
with a breakaway pole in an island. He stated that Measure M Funds are part of the monies
earmarked to be spent on intersection improvements; and that the traffic counts occurred in the
latter part of November, 2004, but not during the holidays.
Speakers speaking in favor of the left turn restriction as well as other suggested traffic
restrictions.
Mike Walker, 5735 E. Valencia Drive.
Pete Gartner, 5504 E. Valencia.
Ken Dunn, 1490 N. Cabrillo.
Council discussed the need for an ultimate solution to improve the intersection and discussed
alternatives including speed humps, a permanent no left turn restriction, a test of the two hour
restriction, sign placement and street striping to allow only right turns; and also possible
problems with enforcement of hourly restrictions. It was agreed that input from other residents is
needed to decide on the best solution that would be accepted by all concerned
Council directed that all residents be notified when this item comes back and directed a report be
given on the status of the intersection realignment improvements.
MOTION - Murphy
SECOND - Smith
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to continue this item to February 8, to allow time to survey affected residents with
alternative solutions to the requested no left turn restriction.
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CITY COUNCIL MINUTES
January 11, 2005
15. ADJOURNMENT
The City Council adjourned at 7:50 p.m. in memory of former Mayor Don E. Smith.
The next Regular City Council meeting is scheduled for January 25,2005.
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CITY CLERK
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