HomeMy WebLinkAbout5_24_2005 - Council MinutesI
I
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.Page I
CITY COUNCIL MINUTES 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.Page
I
I
I,
CITY COUNCIL MINUTES May 24, 2005
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
CITY COUNCIL MINUTES 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 CorporateRelocation
Services, Inc., for 128,975.44.ACTIONS: Awarded a contractin 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 inthe following account:500-
2001-481200-
I
I
II
CITY COUNCIL MINUTES 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.
Page 5
CITY COUNCIL MINUTES May 24, 2005
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 WideningRESOLUTIONS
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
I
I
CITY COUNCIL MINUTES May 24, 2005
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 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 Page 7
CITY COUNCIL MINUTES May 24, 2005
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.
Page 8
I
I
CITY COUNCIL MINUTES May 24, 2005
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
CITY COUNCIL MINUTES May 24, 2005
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.Page 10
I
I
CITY COUNCIL MINUTES
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.c-:;-(.
l/?
t1fk~~_(
CA~_~MARYE:-MtJRPHY
CITY CLERK ..,
MARKA.MAY
HY
Page
11