5/24/2005 - Council Minutes - CC Minutes Reg Meeting
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APPROVED BY THE CITY COUNCIL ON JUNE 14,2005
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING May 24, 2005
The City Council of the City of Orange, California convened on May 24, 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
I.I INVOCATION
Given by Pastor Bubba Lipscomb, First Southern Baptist Church
I.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Mark Murphy
1.3 ROLL CALL
PRESENT -
ABSENT -
Smith, Ambriz, Murphy, Cavecche, Dumitru
None
1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS
Presentation of Mayor's Award to David Colton of the Colton Company, for a $25,000
donation to the Community Foundation of Orange, for the Grijalva Park Gymnasium.
Presentation by the Community Foundation of Orange.
2.
PUBLIC COMMENTS -
John Whiteriver, spoke on flag disposal day on June II th at the American Legion; a
proposed flag pole for Veterans Park at the Depot; and a proposed dedication of
POWfMIA flag on September 17'h.
Dottie Stewart, address on file, spoke on needed code enforcement and improvements on
north Glassell Street; and submitted photographs of the area.
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May 24, 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
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 Request Council Confirmation of warrant registers dated May 5 and 12, 2005.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, May 10, 2005.
(C2500.D.4)
ACTION:
Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
3.4
Receive and
(C2500.F)
Approved.
file the City
Treasurer's Report, period ending April 30, 2005
ACTION:
ACTION:
Approved.
AGREEMENTS
3.5 Agreement between the City of Orange and the Serrano Water District to purchase
surplus treated water. (A2100.0 Agr-2453.A)
SUMMARY: The Agreement between the City of Orange and the Serrano Water District
will allow the City to purchase surplus treated drinking water from Serrano at a lower
cost than comparable imported water and provides the City with a third source of supply.
ACTION: Approved the agreement between the Serrano Water District and the City of
Orange and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Water purchased from the Serrano Water District will be available at
10% to 15% less than imported water from/through the Municipal Water District of
Orange County.
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3. CONSENT CALENDAR (Continued)
3.6
3.7
AGREEMENTS
Vending Services License Agreement with Pacific Snapple Distributors, Inc., for the
placement and stocking of vending machines at City parks and facilities. (A2100.0
Agr- 4680)
SUMMARY: Pacific Snapp Ie Distributors, Inc., a California corporation and a division
of Cadbury-Schweppes, LLP, submitted the most responsive bid among four major
vending machine beverage providers. Proposals were submitted to the City to obtain a
lO-year Vending Services License Agreement to provide vending machines that offer
certain types of beverages for sale at City parks and facilities.
ACTION: Approved the Vending Services License Agreement with Pacific Snapple
Distributors, Inc.; authorized the Mayor to execute and the City Clerk to attest the
Agreement on behalf of the City; and authorized the deposit of revenues derived from
the Agreement to Account No. 100-7001-252101
FISCAL IMPACT: It is estimated that revenue generated from the Vending Services
License Agreement would be approximately $400,000 during the 10 year term of the
agreement.
First Amendment to Cooperative Agreement (AGR-3823) between the City of
Orange and the County of Orange Resources and Development Management
Department (formerly Public Facilities and Resource Department) for the
construction of a City bridge replacement project as part of the County's ultimate
improvements on Glassell Street Bridge at Santa Ana River (Bridge No. 55C0069).
(A21 00.0 Agr-3823.1)
SUMMARY: The Cooperative Agreement between the City and County of Orange
establishes the funding and respective responsibilities of each agency for the ultimate
improvements on Glassell Street Bridge at Santa Ana River. The First Amendment
reflects the change relating to the funding arrangements between the agencies in light of
federal funding acquired by the County.
ACTION: Approved the First Amendment to Agreement for the ultimate improvements
on Glassell Street Bridge at Santa Ana River and authorized the Mayor and City Clerk to
execute on behalf of the City.
FISCAL IMPACT: No Fiscal Impact. The City's participation in the project costs is
limited to the original local matching funds required by the Highway Bridges
Rehabilitation and Replacement Program for the City bridge rails replacement project.
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May 24, 2005
3. CONSENT CALENDAR (Continued)
3.8 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. James Suehr, Matt Suehr, Car Guys, Inc.
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.9 Final Acceptance of Bid No. 045-20; SP-3502; Asbestos Abatement and Demolition
and Right of Way Clearance at 105, 125, 164, and 170 South Water Street and
authorization to file Notice of Completion with the County Recorder (No staff
report required). (A2100.0 Agr-4606)
SUMMARY: Bid No. 045-20; SP-3502; Asbestos Abatement and Demolition and Right
of Way Clearance at 105, 125, 164, and 170 South Water Street. Staff recommends
acceptance of improvements. The contractor was Alliance Environmental Group, Inc.
ACTION: Accepted public work improvements, authorized release of Acstar Insurance
Company of Illinois, Bond No. FI6546 in the amount of $118,600.00 and authorized the
Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None.
3.10 Award of Contract - Bid No. 045-46; services to move Orange Public Library
books, furniture and equipment. (A2100.0 Agr-4681)
SUMMARY: Bids were received on April 26, 2005, to move the Main Library's books,
equipment, and furniture out of that facility before construction (and eventually back in
again, once construction is complete). Three vendors responded to the invitation to
submit a proposal. The low bidder is Penn Corporate Relocation Services, Inc., for
$128,975.44.
ACTIONS: Awarded a contract in the amount of $128,975.44 to Penn Corporate
Relocation Services, Inc., 1515 W. Maple Street, Anaheim, CA 92802; and authorized
the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Sufficient funds are available in the following account:
500-2001-481200-9901 $128,975.44 Main Library Expansion
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May 24, 2005
3. CONSENT CALENDAR (Continued)
PERMITS
(REMOVED AND HEARD SEPARATELY)
3.11 Dirt Hauling Permit for Bomel Construction Company on behalf of Chapman
University. (C2500.M.20)
SUMMARY: Bomel Construction Company, a contractor for Chapman University, is
requesting a dirt-hauling permit allowing the export of 140,000 cubic yards of material,
from the Chapman University Stadium, as part of the construction of an underground
parking structure.
Discussion - Councilmember Smith asked for an explanation of the permit process.
Public Works Director, Harry Thomas explained that the Orange Municipal Code
requires Council approval of permits to haul more than 30,000 cubic yards of dirt per
day. He added that the applicant is required to file an activity plan and a map of the truck
hauling routes; the code places conditions on the hauler for maintenance of streets; and
that the hauling will occur over a three- to four-month period.
Councilmember Smith stated that she wanted to publicize the disruption to those using
the streets and the neighboring residents involved. She stated that Council must be kept
informed of all events with more time to respond to questions from the community and
give their input. She asked that Chapman University notify the residents affected by the
hauling; and used as an example the recent flyer generated by the Library Director,
stating that it was an excellent publication informing the residents affected by the closing
and remodel of the library. The flyer should include a phone number for people to call
with concerns. She asked that addresses in the northwest and northeast quadrants of Old
Towne area, to include Walnut and Glassell up to Collins be mailed a flyer.
City Manager, David Rudat suggested that the City staff work with Chapman University
to plan a by-pass traffic circulation.
MOTION - Smith
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve issuance of a dirt-hauling permit for the project, located at the
southwest corner of Walnut Avenue and Center Street, subject to the conditions
recommended by staff; with an added condition that the contractor work with the Citv to
ensure that residents and businesses who will be affected bv the hauling route be notified
prior to the activitv with dates of hauling. routes and contact numbers; and approved a
No Parking zone on both sides of Glassell Street from 300 feet north of Walnut Avenue
to 300 feet south of Walnut Avenue for the duration of the construction project.
FISCAL IMPACT: Will generate $480.00 revenue in permit fees.
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3. CONSENT CALENDAR (Continued)
PURCHASE
3.12 Purchase of one Jet Router from Municipal Maintenance Equipment in the amount
of $35,138.35 per Bid No. 045-40. (C2500.M.3)
SUMMARY: The purchase of a jet router will increase the efficiency of the City's sewer
cleaning and maintenance program, enable City staff to provide emergency response to
blocked sewer line calls, and facilitate compliance with environmental regulations by
reducing the number of sanitary sewer overflows.
ACTION: Authorized the purchase of one Jet Router from Municipal Maintenance
Equipment in the amount of$35,138.35.
FISCAL IMPACT: Funds are budgeted and available in the Motor Vehicle Additions
Account No. 220-5022-472101.
3.13 Purchase of a strip of land for street widening at 3302-3444 E. Chapman Avenue (a
strip retail center). (A2100.0 Agr-4682)
SUMMARY: Acquisition of a strip of land for widening of the Chapman Avenue and
Prospect Street intersection.
ACTION: Authorized the Mayor and City Clerk to execute escrow and related documents
concerning the purchase of a strip of property at 3302-3444 E. Chapman Avenue, to be
used in connection with widening the Chapman Avenue and Prospect Street intersection.
Purchase price is $252,601.00 plus related escrow costs.
FISCAL IMPACT: Funds are available in the following account:
550-5011-483300-3226 $252,601.00 Chapman/Prospect Critical Intersection Widening
RESOLUTIONS
3.14 RESOLUTION NO. 9970 (C2500.M.l.l)
A Resolution of the City Council of the City of Orange approving the submittal of Block
Grant Applications for the Collection and Recycling of Used Oil and Household
Hazardous Waste.
ACTION: Approved.
3.15 RESOLUTION NO. 9975 (C2500.J.1.0.1)
A Resolution of the City Council of the City of Orange amending the Master Schedule of
Fees and Charges by amending/adding Massage Permit and Testing Fees.
ACTION: Approved.
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3.
CONSENT CALENDAR (Continued)
MOTION - Cavecche
SECOND - Dumitru
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Item 3.11 was removed and heard separately. All other items on the Consent Calendar
were approved as recommended.
END OF CONSENT CALENDAR
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4. REPORTS FROM MAYOR MURPHY - None.
S. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS - None.
8. REPORTS FROM CITY MANAGER-
Retiring City Manager, David Rudat gave a farewell address:
"Tonight is my last meeting in my capacity as the City Manager for the City of Orange, as the
City Council has directed that I transition out and a new manager be selected. Assistant City
Manager John Sibley will step up to be the interim City Manager until a permanent appointment
is made by the City Council.
Although I will be around to each of the Departments to say good bye to all of the employees
that I have come to know, respect, and who have served this city so honorably, I wish to say to
all of you at this moment 'Thank You'. Thank You for so diligently doing your jobs, for serving
the people and business of this community so loyally over the years. You are the face of this city
to the residents and business owners and employees who have chosen 'Orange' to be the place
they prefer to make their city. It is you who make a difference and you have made a big
difference over these past ten years. Please continue to make every effort to give good service,
and to improve the level of services we provide wherever possible. And I thank the public
members of this community that I have come to know and serve, it has been my honor to do so,
thank you.
I have had the privilege and the honor, as well as the responsibility, to be this City's City
Manager for nearly ten years, and I thank the City Council and past Council members for
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8. REPORTS FROM CITY MANAGER (Continued)
bestowing upon me the trust and confidence to see this City through some very tough, horrific,
and economically expansive and fun times. I would change none of it for it has certainly allowed
me to grow in character and experience, but most importantly I was part of a transformation that
will have a positive impact for many years to come.
My wife and I grew up, went to junior high and high school here, made businesses' here, and our
families still have a presence in this city. We care about what happens to and in this city...and
always will.
Let no person question my loyalty to this City over these last 33+ years, or my integrity with
which I have led this organization. I am proud of my staff and what they have been able to
accomplish with the hard work and dedication of nearly 700 personnel. I have worked and
fought hard, on many fronts, to bring back trust, faith, and integrity to this organization in the
eyes of the judging public and the City Council should be proud of how this has been able to be
accomplished in some very tough economic times, again and again. It takes a real team to make
this happen and the tone must be set at the top of the organization. The City Council has allowed
this organization to be led with strong leadership and I leave you, Council members, with an
honest and trustworthy staff that any set of elected leaders would be proud to call their own.
Again, thank you Mayor and Council, and thank you Department Heads and city staff, and each
of our community volunteers, it has truly been a great adventure."
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 4-05 (SECOND READING) (A2500.0 Ord-04-05)
An Ordinance of the City Council of the City of Orange amending Sections 17.04, 17.10, 17.12,
17.14, 17.18, 17.20, 17.22, and 17.24 of the Orange Municipal Code to provide new definitions and
procedures pertaining to the placement of wireless communication facilities.
Discussion - Mayor Murphy asked about subletting antenna space to other providers; which
could be a way to generate additional revenue.
Community Development Director, Alice Angus responded that subleasing is covered as an
additional revenue source in the lease agreements for city property, rather than in the ordinance.
City Attorney, David DeBerry clarified that if the antenna was on city property, the city would
require the revenue for subleasing as a condition of the lease agreement.
MOTION - Ambriz
SECOND - Smith
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved that Ordinance No.4-OS be read by title only and same was approved and adopted by the
preceding vote.
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10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:25 p.m. to a Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section
54957.6:
City representatives:
Employee organization:
Personnel Director Steven Pham
Personnel Manager Mike Harary
Police and Police Management
b. Public employee appointment/employment/evaluation pursuant to Government Code
Section 54957:
Title:
City Manager
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
Terre Duensing, 2644 Santiago Canyon Road, recognized and acknowledged City Manager
David Rudat.
Lisa Savage, Orange resident, spoke on the Council's participation in the California League of
Cities; and acknowledged City Manager David Rudat.
13. PUBLIC HEARINGS
13.1 GENERAL PLAN AMENDMENT NO. 2004-0006, SANTA FE DEPOT SPECIFIC
PLAN AMENDMENT NO.2; ZONE CHANGE NO. 1230-04; VESTING TENTATIVE
TRACT MAP NO. 16786; MAJOR SITE PLAN REVIEW NO. 358-04; DESIGN
REVIEW COMMITTEE NO. 3944-04; MITIGATED NEGATIVE DECLARATION NO.
1737-04 - OLSON COMPANY (C2300.E GPA-2004-0006)
Time set for public hearing to consider a proposal for the development of a 40 unit Transit
Oriented Development adjacent to the Santa Fe Train Depot at 501 West Maple Avenue.
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13. PUBLIC HEARINGS (Continued)
The proposal includes:
. A General Plan Amendment to change the Land Use designation from Industrial to Old
Towne Mixed Use;
. An Amendment to the Santa Fe Depot Specific Plan to include the subject property into
the boundaries of the Specific Plan;
. A Zone Change to change the zoning from Light Industrial to Residential Multiple
Family, with Mixed Use Overlay Zoning;
. A Vesting Tentative Tract Map to divide the site for the development of 40
condominiums, vested in substantial compliance with the codes in effect at the local level at the
time the application was deemed complete;
. A Major Site Plan Review, including a density bonus, for a Transit Oriented
Development, with 40, three-story residential lofts, five of which are proposed as live/work
units. Six of the units will be available to moderate income buyers through affordability
covenants, thereby qualifying the project for the density bonus; and
. A Design Review and a Demolition Review for a Non-Contributing Structure in the Old
Towne Historic District
Note: Negative Declaration No. 1737 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 Mav 24, 2005 was received from The Olson Company requestinl! a
coutinuance of this item to June 14th.
MOTION - Smith
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche
NOES - Dumitru
Moved to continue this item to June 14th; applicant to pay all costs associated with readvertising.
14. PLANNING AND ENVIRONMENT - None.
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15. ADJOURNMENT -
The City Council adjourned at 7:30 p.m.
The next Regular Council Meeting is scheduled for June 14,2005.
May 24, 2005
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Conncil agenda of a regular
meeting of May 10, 2005 at Orange Civic Center kiosk, Police facility at 1107 North Batavia, and
Shaffer Park; all of said locations being in the City of Orange and freely accessible to members ofthe
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.
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MARYE:-MtJRPHY
CITY CLERK ..,
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