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HomeMy WebLinkAbout3_9_2004 - Council MinutesAPPROVED BY THE CITY COUNCIL ON MARCH 23, 2004 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING March 9, 2004 The City Council of the City of Orange, California convened on March 9, 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 Dr. Stan Smith, First Christian Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Joanne Coontz 1.3 ROLL CALL PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz ABSENT - Cavecche 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Resolution No. 9830 was presented to Linda Boone, Economic Development Director,expressing appreciation and commending her for more than eight years of loyal and dedicated service to the City.Presentation given by Keala Newlon and Jennifer Mamola, Orange High School Associated Student Body Representatives, on the Leukemia/Lymphoma Penny Drive sponsored by Orange High School. Individuals interested in making a donation or in need of additional information may contact Orange High School at 714 997-6211.2. PUBLIC COMMENTS Sue Craig, Address on File, speaking on behalf of the Santiago Creek Greenway Alliance, spoke on the General Plan and requested that the Alliance be able to participate on a citizens committee on the General Plan.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.PAGE 1 CITY COUNCIL MINUTES March 9, 2004 3. CONSENT CALENDAR (Continued) 3.1 Declaration of City Clerk, Mary E. Murphy, declaring posting of the City Council Agenda of a Regular Meeting of March 9, 2004 at Orange Civic Center City Clerk's Office, north facing kiosk, Main Library at 101 N. Center Street, Police Facility at 1107 North Batavia and 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. 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 February 19 and 26, 2004. ACTION:Approved. 3.3 Request approval of City Council Minutes, Regular Meeting February 24, 2004 and Adjourned Regular Meeting February 24, 2004. (C2500.D.4) ACTION:Approved, 3.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION:Approved. AGREEMENTS REMOVED AND HEARD SEPARA TEL Y) 3.5 Agreement with Signs of Support, Inc. for Business Advertisements to Support City Youth Programs. (A2100.0 AGR-3485. A)SUMMARY: Signs of Support is a locally-owned business that helps cities increase funding to youth programs by posting advertising from local businesses and corporations on non-safety City vehicles. The sign advertises the name of a local business and states that the business supports Orange youth. The revenue created is shared with the City for the purpose of supporting youth programs.Discussion:Councilmember Ambriz expressed concern that the City only receives 50 % of the funds through their agreement with Signs of Support; and suggested the City either negotiate a 75% contract, or handle this program internally; as there are enough business connections throughout the community to achieve a great program with a greater return. The agreement with Signs of Support has provided an average of less than $2, 000 per year over the past four years.Mr. Gary Wann, Community Services Director, explained that Signs of Support now has an employee that will be dedicated full-time to selling the advertising campaigns and that he expects this to increase revenue to CITY COUNCIL MINUTES March 9, 2004 3. CONSENT CALENDAR (Continued) Councilmember Alvarez noted that he has provided leads to the Signs of Support salesperson as there is a great deal of cold calling involved. He did not think the City staff had the time to handle this program internally but agreed to take another look at the program in the future. Councilmember Coontz suggested that the City should move forward with the current agreement at this time; but thought the City should work to promote awareness of the program and also suggested that the Council submit any suggestions to Mr. Wann. Mayor Murphy explained that he felt handling the program internally would put too much stress on existing staff members and that he was willing to revisit the contract with Signs of Support the following year. Councilmember Ambriz expressed disappointment with Signs of Support for not performing their business more effectively. MOTION - Coontz SECOND - Alvarez AYES - Alvarez, Murphy, Coontz NOES - Ambriz ABSENT - Cavecche ACTION: Approved the Agreement between Signs of Support and the City to provide advertising on non-emergency vehicles; approved deposit of advertising money in Account No. 100-7001- 293102 (Signs of Support Revenue); and authorized the Mayor and City Clerk to execute the Agreement on behalf of the City;with the stipulation that the recommendations of the City Council be reviewed and the Council will receive recommendations before the end of this contract for the following year.FISCAL IMP ACT: It is anticipated that the City will generate approximately $5,000 for Community Service Youth programs through Signs of Support advertising.REMOVED AND HEARD SEPARATELY)3.6 Agreement between the City of Orange and LPA for the Gymnasium/Sports Center Conceptual Design Services - Grijalva Park (Request for Proposal Number 034-17)A2100.0 AGR-4447)SUMMARY: Approval ofthe professional services agreement between the City and LPA in an amount not to exceed $55,000 for the Gymnasium/Sports Center Conceptual Design Services. PAGE 3 CITY COUNCIL MINUTES March 9, 2004 3. CONSENT CALENDAR (Continued) Discussion: Councilmember Ambriz expressed concern that he did not receive the information he requested on this item with time for review prior to the City Council Meeting. He also questioned the omission of published Requests for Proposals (RFP) on this project. Mr. Wann explained that because this was not a public works project, staff was not legally required to advertise, but did send bid information to 25 companies, 11 of which were in Orange County. Councilmember Ambriz stated he did not have a problem with the recommended firm, but more with the process; and agreed to a continuance to allow for further review. MOTION - Ambriz SECOND - Murphy AYES - Ambriz, Alvarez, Mayor Murphy, Coontz ABSENT - Cavecche ACTION: Continued to March 23, 2004.Councilmember Coontz asked that the Minutes of the Park Planning and Development Commission be sent to the Council in a more timely manner.3.7 Cooperation and License Agreement between the City of Orange and the Girl Scout Council of Orange County ( GSCOC) (A2100.0 AGR-4448)SUMMARY: For the past several years, the City has allowed the GSCOC to use portions of Hart Park for their one-week summer day camp program. In return, the GSCOC annually assists the Community Services Department with the City's Thanksgiving Basket Program, the Orange Cares for Children Holiday Breakfast, as well as completes an annual community service project. This cooperation agreement formalizes this partnership for the next five years, allowing the GSCOC to utilize Hart Park for their summer day camp program without having to annually request a fee waiver.ACTION: Approved the five-year Cooperation and License Agreement with the Girl Scout Council of Orange County; and authorized the Mayor and City Clerk to execute the agreement on behalf of the City.FISCAL IMPACT: None.PAGE 4 CITY COUNCIL MINUTES March 9, 2004 3. CONSENT CALENDAR (Continued) BIDS 3.8 Award of Contract - Bid No. 034-29 for Hart Park Pool Equipment Replacement. A2100.0 AGR- 4449)SUMMARY: The bids were opened on February 19, 2004 and the City received one ( 1)formal bid in the amount of$138,000 from California Commercial Pools, Inc.ACTION: Approved the Award of Bid No. 034-29 to California Commercial Pools, Inc.,2255 E. Auto Centre Drive, Glendora, CA 91740, in the amount of $138, 000; requested appropriation in the amount of $100,000 from the Proposition 12 fund balance to 320-7021-481200-0027 (Hart Park Renovation Proposition 12); and authorized the Mayor and City Clerk to execute the contract on behalf of the City.FISCAL IMPACT: After the appropriation, sufficient funds will exist in the following Account: 320-7021-481200-0027 ( Hart Park Renovation Proposition 12): $ 138,000 3.9 CLAIMS (C3200.0)SUMMARY: The following claim(s) have been received and investigatedby 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. Jennifer Marlow ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.CONTRACTS 3.10 Contract Change Order No.1; Bid No. 034-15; Project No. SP-3457 Annual Service Contract for Concrete Replacement at Various Locations for the Fiscal Year 2003 -2004. (A2100.0 AGR-4383)SUMMARY: This Contract Change Order authorizes payment for extra work at agreed unit prices. The extra work consists of additional sidewalk replacement at various locations. The total cost for this change order is $45,000.00.ACTION: Approved Contract Change Order No. 1 in the amount of $45,000.00 to International Pavement Solutions, Inc. for the extra work.FISCAL IMPACT: Funds are budgeted and available in the following CITY COUNCIL MINUTES March 9, 2004 3. CONSENT CALENDAR (Continued) 3.11 Final Acceptance of Bid No. 034-13 - Destruction of Well 2, 10 & 13 and authorization to file Notice of Completion with the County Recorder (No staff report required). SUMMARY: Bid No. 034-13 - Destruction of Well 2, 10 & 13. Contractor: General Pump. Staff recommends acceptance of improvements. ACTION: Accepted public work improvement, authorized release of Travelers Casualty and Surety Co. of America in the amount of $50,520.00, and authorized the Mayor and City Clerk to execute the Notice of Completion. FISCAL IMPACT: None. FACILITIES REMOVED AND HEARD SEPARATELY) 3.12 Request to close the Main Library, and the El Modena and Taft Branch Libraries, during selected hours May 24-27 and July 13-15, 2004, for staff training on the new online library catalog. ( C2500.I)SUMMARY: Closure to the public of Orange's three public library facilities during selected times (totaling 56 hours) during seven days in May and July, 2004, is requested to allow all library staff to be trained on the new Sirsi Unicorn online library catalog,which will launch August 4th or 5th. It is necessary for all staff to work the same schedule day shift) in order to attend training and provide sufficient public service desk coverage during operating hours.Discussion:Councilmember Ambriz asked if the closures III May could be moved to June to accommodate school finals.Nora Jacob, Library Director, responded that the schedule was set by the company providing the library catalog training and could not be reset.MOTION - Ambriz SECOND - Alvarez AYES - Ambriz, Alvarez, Mayor Murphy, Coontz ABSENT - Cavecche ACTION: Approved closing the City's public library facilities to the public during the following dates and times for staff training on the new Sirsi Unicorn online catalog:PAGE 6 CITY COUNCIL MINUTES March 9, 2004 3. CONSENT CALENDAR (Continued) Main Library:Monday-Wednesday, May 24-26, 2004,10 a.m.-1 p.m. & 6- 9 p.m.Thursday, May 27,2004, 10 a.m.- 1 p.m.Tuesday-Wednesday, July 13-14, 2004, 10 a.m.-1 p.m. & 6-9 p.m.Thursday, July 15, 2004, 10 a.m.- 1 p.m.El Modena & Taft Branch Libraries:Monday- Wednesday, May 24-26,2004,6-8 p.m.Tuesday-Wednesday, July 13-14,2004,6-8 p.m.FISCAL IMPACT: There is no fiscal impact to closing the Main Library or the two branch libraries, because all staff members will still be working their usual eight or nine hour workdays. These two rounds of staff training were included as part of a contract with Sirsi approved by Council on November 12, 2003, which was funded by Capital Improvement Program Fund Account No. 790-2004-481303-9904.RESOLUTIONS 3.13 RESOLUTION NO. 9831 (S4000.S.3.6) A Resolution of the City Council of the City of Orange assigning "UCI Medical Center Drive" as the street name for the public street off the City Drive South atthe entry to the Medical Center.ACTION: Approved.3.14 RESOLUTION NO. 9833 (S4000.S.4)A Resolution of the City Council of the City of Orange stating its intent to vacate a portion of that public street commonly known as Center Street located north of Chapman Avenue and adjacent to the City of Orange Main Branch Public Library and a City owned public parking lot.ACTION: Approved.3.15 RESOLUTION NO. 9834 (C2500.M.16.1) A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 2003-05 adjusting lot lines of certain real property situated at 8300 Serrano Avenue Tentative Tract 16610) CITY COUNCIL MINUTES March 9, 2004 3. CONSENT CALENDAR (Continued) 3.16 RESOLUTION NO. 9836 (C2500.H) A Resolution of the City Council of the City of Orange expressing appreciation to Dennis Bueschel of the City of Orange Fire Department and commending him for twenty- four years ofloyal and dedicated service.ACTION: Approved.3.17 RESOLUTION NO. 9837 (C2500. H)A Resolution of the City Council of the City of Orange expressing appreciation to Roger Elliott of the City of Orange Fire Department and commending him for thirty years of loyal and dedicated service.ACTION: Approved.3.18 RESOLUTION NO. 9838 (C2500. H)A Resolution of the City Council of the City of Orange expressing appreciation to Mike Shatzel of the City of Orange Fire Department and commending him for more than twenty-four years ofloyal and dedicated service. ACTION: Approved.3.19 RESOLUTION NO. 9839 ( C2500.H)A Resolution of the City Council of the City of Orange expressing appreciation to Jim Van Dalsem of the City of Orange Fire Department and commending him for thirty years of loyal and dedicated service. ACTION: Approved.3.20 RESOLUTION NO. 9842 ( C2500.K)A Resolution of the City Council of the City of Orange expressing apprectatlOn to Sergeant Sylvester 1. Jordan of the Orange Police Department and commending him for more than twenty six years ofloyal and dedicated service. ACTION: Approved. CITY COUNCIL MINUTES March 9, 2004 3. CONSENT CALENDAR (Continued) MOTION - Alvarez SECOND - Coontz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz ABSENT - Cavecche Items 3.5, 3. 6 and 3.12 were 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.5. REPORTS FROM COUNCILMEMBERS - None. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Report by the Public Works Director/City Engineer on the City Traffic Commission's Annual Activity Report. (OR1800. 0.19)SUMMARY: This report represents the issues reviewed and acted upon by the City Traffic Commission in the last year.Harry Thomas, Public Works Director, summarized the report.Councilmember Alvarez noted two Traffic Commission members are up for reappointment;Mayor Murphy asked the Council to submit names for possible appointments.Councilmember Coontz asked for clarification on the role of the Commission and whether it is basically a response Committee or if it makes proactive recommendations. Mr. Thomas clarified that most requests are initiated in the community.Councilmember Coontz noted there is a great learning curve for Traffic Commission members who need to understand local, state and federal requirements and it is important to extend their interests in traffic issues.MOTION - Alvarez SECOND - Murphy AYES - Ambriz, Alvarez, Mayor Murphy, Coontz ABSENT - Cavecche ACTION: Received and Filed report.PAGE 9 CITY COUNCIL MINUTES March 9, 2004 7. ADMINISTRATIVE REPORTS 7.1 Report from the City Attorney on proposed amendments to the Equity Office Properties project. (C3300.0 CUP- 2378-01)SUMMARY: In October of 2001 the City Council approved four projects in West Orange submitted by EOP-The City, L.L.C (hereafter, "Equity"). One of the projects consisted of a 132,000 square foot office building and 137-room hotel at the northeast corner of Chapman Avenue and Manchester Avenue (hereafter, the "Chapman Site"). In approving the four projects,the City Council imposed conditions requiring Equity to pay a fair share of various traffic improvements in the area, as well as to fully fund other specified traffic improvements. In January of 2004 the Planning Commission approved a new development at the Chapman Site that consists primarily of the construction of a Best Buy store. The developer of the Best Buy is City Town Center, L.P., an entity unrelated to Equity. Resolution No. 9843 would reduce Equity's cost share obligations for the traffic improvements in proportion to the cost share attributable to the Chapman Site, which Equity is no longer developing. Staff is of the opinion that Equity is entitled to a set off since it no longer will be responsible for a portion of the identified traffic impacts and provided Equity with a letter to that effect. However, Equity has requested this Resolution to formalize the City's position.David DeBerry, City Attorney, provided a report.RESOLUTION NO. 9843 A Resolution of the City Council of the City of Orange amending Conditional Use Permit 2378-01,2379-01 and 2380-01; Major Site Plan Review Nos. 106- 99, 107-99 and 108-99.MOTION - Alvarez SECOND - Coontz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz ABSENT - Cavecche Moved to approve Resolution No. 9843.FISCAL IMPACT: Staff has identified a potential general fund liability of approximately 350,000 as a fair share for all the identified traffic improvements that may be constructed.However, as more fully discussed in the staff report, these costs obligations are speculative given current information and the cost obligations exist as a natural result of the Planning Commission's action approving a new development on the Chapman Site.8. REPORTS FROM CITY CITY COUNCIL MINUTES March 9, 2004 9. NOTICED HEARINGS 9.1 PROPOSED STREET VACATION - PORTIONS OF PEPPER STREET AND STEW ART DRIVE (S4000.S.4)Upon the request of St. Joseph Health System and St. Joseph Hospital of Orange, the City Council of the City of Orange adopted Resolution No. 9827 on February 10, 2004, declaring its intention to vacate portions of Pepper Street and Stewart Drive, which are public streets and rights- of-way located adjacent to St. Joseph Hospital and the St. Joseph Outpatient Pavilion.Having duly noticed and posted notice of a hearing, the City Council has set this time for all persons interested in the proposed vacation and to consider whether to adopt Resolution No.9840 for the purpose of vacating those portions of the two streets, along with certain in-place sewer facilities.Mr. Harry Thomas, Public Works Director, summarized the report.Councilmember Alvarez asked whether the street names Pepper Street and Stewart Drive hold any historical significance that would be lost by the City if it vacated them.Mr. Thomas explained that portions of Pepper Street and Stewart Drive will still exist as public streets in the City, so the names will not be lost; however, no historical significance was found.MAYOR MURPHY OPENED THE HEARING THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE HEARING RESOLUTION NO. 9840 A Resolution of the City Council of the City of Orange finding that certain portions of Pepper Street and Stewart Drive located adjacent to St. Joseph Hospital and the St. Joseph Outpatient Pavilion, together with certain in-place sewer facilities, are no longer needed by the public and ordering the vacation thereof. MOTION - Coontz SECOND - Alvarez AYES - Ambriz, Alvarez, Mayor Murphy, Coontz ABSENT - Cavecche Moved to approve Resolution No. 9840.PAGE 11 CITY COUNCIL MINUTES March 9, 2004 10. LEGAL AFFAIRS 10.1 RESOLUTION NO. 9841 (A2100.0 AGR- 4450)A Resolution of the City Council of the City of Orange authorizing the sale of certain vacated portions of Pepper Street and Stewart Drive, together with certain in-place sewer facilities, to SI. Joseph Hospital of Orange, a California nonprofit public benefit corporation.MOTION - Ambriz SECOND - Alvarez AYES - Ambriz, Alvarez, Mayor Murphy, Coontz ABSENT - Cavecche Moved to approve Resolution No. 9841.10.2 ORDINANCE NO 9-04 (FIRST READING) (A2500.0 ORD-9-04 PARKING)An Ordinance of the City Council of the City of Orange amending portions of Chapter10.34 of Title 10 of the Orange Municipal Code relating to parking time limitations on public streets.MOTION - Murphy SECOND - Coontz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz ABSENT - Cavecche Moved that Ordinance No. 9-04 be read by title only and same was set for second reading by the preceding vote. Councilmember Alvarez thanked staff for handling the parking issues at Katella and Harding so quickly.11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 12. RECESS TO CLOSED SESSION The City Council recessed at 5:40 p.m. to a Closed Session for the following purposes:a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 Employee organization: Personnel Director Steven Pham Personnel Manager Mike Harary Personnel Analyst Pat Roth Orange City Firefighters Association Orange Fire Management Association Orange Police Association Orange Police Management Association City's Negotiator:PAGE 12 CITY COUNCIL MINUTES March 9, 2004 12. RECESS TO CLOSED SESSION (Continued) 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. 13. ADJOURNMENT MOTION - Ambriz SECOND - Coontz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz ABSENT - Cavecche The City Council adjourned at 6:15 p.m. to an Adjourned Regular Meeting, Study Session, to review Budget Goals, on March 16, 2004, at 5:00 p.m. in the Weimer Room.The next Regular City Council meeting is scheduled for March 23, 2004.M . URPHY RK PAGE 13