HomeMy WebLinkAbout5_25_2004 - Council MinutesAPPROVED BY THE CITY COUNCIL ON JUNE 8, 2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING May 25, 2004
The City Council of the City of Orange, California convened on May 25, 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 Monsignor John Urell, St. Norbert's Catholic Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Mike Alvarez
1.3 ROLL CALL
PRESENT -ABSENT -
Ambriz, Alvarez,
Mayor Murphy, Coontz, Cavecche None 1.
4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of
Mayor's Award to Uka Salonki and Jyoti Salonki of the Uka Salonki Foundation, for
their $25,000 donation to the Library Foundation's Main Library expansion campaign.
Presentation given
announcing the 2004 Summer Reading Club, "Birds of a Feather Read Together!" at
Orange Public Libraries, by Rosanne Miller, Senior Librarian for Children's,
Adult & Branch Services, and Nora Jacob, Library Services Director.The mascot
for this Library reading program is a heron, similar to the ones on the original fountain which
is being restored. Mr. Bob Hitchcock, representing the Save the Fountain Committee, provided
a status report on the fountain restoration. The project is about half way complete,
with approximately $44,000 raised so far; but another $45,000 is needed for the
final restoration. Information on the fountain restoration can be obtained by calling Mr.
Hitchcock at 639-0631.Presentation
given by Shauna Fleming, of Lutheran High School, on the Million Thanks letter
campaign to collect a million letters of appreciation for U.S. troops. The website for
this campaign is www.amillionthanks.org.Employee
Service Awards - the following employees received service awards:David DeBerry -
City Attorney; Bobbi Comstock - Finance; Leila Hoopii - Finance;Jeanne Arehart - City Manager (not
present); Clark D. Smith - Police; Robert Gustafson - Police.PAGE 1
CITY COUNCIL MINUTES May 25, 2004
1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS
Presentation given of Resolution No. 9860 to Erlinda Compton, expressing appreciation
to her for more than 13 years with the City of Orange.
Mayor Murphy announced the Council would be adjourning in memory of Glenn Wann,
long time resident of Orange.
2. PUBLIC COMMENTS - None.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 May 25, 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 Offiee 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 of the City Clerk.3.
2 Request Council Confirmation of warrant registers dated May 6 and 13, 2004.ACTION:
Approved.3.
3 Request approval of City Council Minutes, Regular Meeting, May 11, 2004.C2500.
D.4)ACTION:
Approved, as amended.3.
4Consideration 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 April 30, 2004.C2500.
F)ACTION:
Approved.PAGE
2
CITY COUNCIL MINUTES May 25, 2004
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.6 Sewer Service Agreement - Request by Gene F. Holle and Lorraine I. Holle to connect
their property to City of Orange sewer. (A2100.0 Agr-4494)
SUMMARY: Gene and Lorraine Holle, Trustees of the Gene F. Holle and Lorraine I.
Holle Family Trust dated January 31,2001, owners of residential real property located at
10412 South Orange Park Boulevard in an unincorporated area of the County of Orange,
have requested to connect their house sewer lateral to the City sewer main in Clark
Avenue. They have executed a Sewer Service Agreement with the City of Orange and
are requesting City Council approval.
ACTION: Approved the connection request from Gene and Lorraine Holle and authorize the
Mayor and the City Clerk to execute this Sewer Service Agreement on behalf ofthe City.
FISCAL IMPACT: None. The property owners have paid all connection fees.
3.7 Sewer Service Agreement - Request by G. Michael Smith and Gary Bryan Warden to
connect their property to City of Orange sewer. (A2100.0 Agr-4495)
SUMMARY: G. Michael Smith and Gary Bryan Warden, owners of residential real
property located at 20052 East Clark Avenue in an unincorporated area of the County of
Orange, have requested to connect their house sewer lateral to the City sewer main in
Clark Avenue. They have executed a Sewer Service Agreement with the City of Orange
and are requesting City Council approval.
ACTION: Approved the connection request from G. Michael Smith and Gary Bryan
Warden and authorize the Mayor and the City Clerk to execute this Sewer Service
Agreement on behalf of the City.
FISCAL IMPACT: None. The property owners have paid all connection fees.
3.8 Amendment No. 1 to Waste Disposal Agreement with the County of Orange
A2100.0 Agr-2763.
1)SUMMARY: The City entered into a Waste Disposal Agreement with the County
of Orange effective July 1, 1997. The Agreement sets the contract rate for waste
disposed in the County Landfill Disposal System at $22.00 per ton and guarantees that the
City will deliver all solid waste generated within its boundaries to the County
Landfill Disposal System. The Agreement must be renewed by mutual agreement of the
parties before June 30, 2004 or it will expire on June 30, 2007. Amendment No.1 will
extend the Agreement for a period of three years, through June 30, 2010, and will hold
the contract disposal rate at $22.00 per ton for that
period.ACTION: Approved Amendment No. I to Waste Disposal Agreement with the County
of Orange and authorized Mayor and City Clerk to execute on behalf of the
City.PAGE
CITY COUNCIL MINUTES May 25, 2004
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: There is no fiscal impact to amending the Agreement, as the contract
disposal rate will not change during the term of the extension.
3.9 Award Consultant Services Agreement to Joseph C. Truxaw & Associates, Inc., for
Water Main Renewal for Villareal Drive. (A2100.0 Agr-
4496)SUMMARY: This Consultant Services Agreement will authorize Joseph C.
Truxaw &Associates, Inc. to provide final construction plans for water main renewal on
Villareal Drive. The scope of work includes utility potholing and preparing plans and profiles
for pipeline construction including quantity
estimation.ACTION: I) Awarded the Consultant Services Agreement in the amount of $20,325.
00 to Joseph C. Truxaw & Associates, Inc, 265 S. Anita Drive, Suite Ill, Orange,
CA 92868 and authorize the Mayor and City Clerk to execute on behalf of the City.
2)Authorized $3,000.00 contingency expenditure for additional utility location work
if necessary and approved by the Public Works Director/City
Engineer.FISCAL IMPACT: Funds are budgeted and are available in the following
account:600-8011-426200 $23,325.
00 Engineering Services 3.10 License Agreement between the City of Orange and Mary's Kitchen (
A2100.0
Agr-2059.B)SUMMARY: Mary's Kitchen currently uses a portion of City
property at the Corporation Yard for a food facility serving needy people. Mary's
Kitchen has been under agreement with the City since 1993. The current license
agreement expires June 30, 2004. It is recommended that the City Council renew the agreement for
a five (5)year term expiring in June 30, 2009. Mary's Kitchen is responsible for
all program costs,including
utilities, except water.ACTION: Approved the License Agreement between the City of Orange
and Mary's Kitchen to allow the use of City premises for a nonprofit food facility;
and, authorized the Mayor and City Clerk to execute on behalf
of the City.FISCAL IMPACT: There is no fiscal impact associated with
the license agreement.3.11 Award of Consultant Services Agreement to
Emergency Consulting Services Incorporated for Fire Station Location and Deployment analysis. (
A2100.
0 Agr-4497)SUMMARY: This contract authorizes Emergency Consulting
Services Incorporated to conduct a Fire Station Location and Deployment Analysis for
the Fire Department.ACTION: Awarded the contract in the amount of $36,620
to Emergency Consulting Services Incorporated and authorized the Mayor and City Clerk to execute
on behalf
of the
CITY COUNCIL MINUTES May 25, 2004
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds are budgeted and are available in the following account:
565-3011-486700-2610 - Fire Facilities Master Plan (
Capital
Improvements)BIDS 3.12 Bid No. 034-39, rejection of bids and authorization of extension
of contract for traffic signal maintenance. (A2100.
0 Agr-0332.E)SUMMARY: This will reject bids received for a traffic
signal maintenance contract and extend current contract until staff can be hired to take over duties as
a cost saving measure.ACTION: I) Rejected all bids received for Bid No.
034-39, traffic signal maintenance contract. 2) Authorized re-advertising
for bids for extraordinary traffic signal maintenance only. 3) Authorized staff to negotiate
an extension of Agreement 0332 with Peek/Signal Maintenance, Inc. for an additional amount
not to exceed $60,000.00.FISCAL IMP ACT: Funds are budgeted for this work,
and are available in the following account:
273-5032-427100-0000 Contractual
Services $60,000.00 3.13 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. Henry
Licea b. Alex J. Puente c. Mark A. Rice ACTION: Denied Claim(s)
for
damages and referred to City Attorney and Adjuster CONTRACTS 3.14 Amendment No. I
to Contract No. CP-0130 (Agreement 4019) Taft Avenue and GlasselI Street
Storm Drain Improvements (D-146) between the City of Orange
and the Orange County Sanitation
District (OCSD) under the Cooperative Projects Program. (A2100.0 Agr-4019.1)SUMMARY:
Amendment No. 1 extends the term of the original contract's overall completion from December 12,
2003 to December 15, 2004 in order to allow
the City to satisfY all terms and conditions of the original contract.ACTION: Approved
Amendment No. I to the contract between the City of Orange and the
Orange County Sanitation District and authorized the Mayor
and City
Clerkto execute the Amendment on behalf ofthe City.
PAGE
CITY COUNCIL MINUTES May 25, 2004
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: None. Funds have been previously appropriated for the projects.
3.15 Contract Change Order No. 1 to General Pump Company for Well 18
Rehabilitation, Bid No. 034-23 (A2100.0
Agr-4433)SUMMARY: In February of 2004, the City of Orange entered into a
contract with General Pump Co., to remove the pump, brushing and cleaning,
redeveloping and reinstalling the pump for the Well 18 Rehabilitation Project. After pulling the
pump and video surveying the well, it is recommended that a new pump and chemical
treatment are necessary to achieve Well18's
rehabilitation goal.ACTION: Approved the Contract Change Order No.1 in the amount of $72,649.
36 to General Pump Co. of San Dimas, CA 91773 for additional work
and materials.FISCAL
IMP
ACT:
600-8011-424101 600-8011-425100 Funds are budgeted and
are available in the following accounts:38,
000.00 Repairs to Building & Equipment
34,
649.36 Maintenance of Wells RESOLUTIONS 3.16 RESOLUTION
NO. 9870 (A2100.0 Agr-3009.3)A Resolution of the City Council of
the City of Orange Amending the
Part-Time
Employee S 457
Deferred Compensation Plan.
ACTION: Approved.MOTION - Coontz SECOND - Ambriz AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche All 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 - None.7. ADMINISTRATIVE REPORTS -
None.8. REPORTS FROM CITY MANAGER - None.
PAGE 6
CITY COUNCIL MINUTES May 25, 2004
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 13-04 (SECOND READING) (C2300.E
Ord-13-04)An Ordinance of the City Council of the City of Orange approving the
reclassification of property located at the southeast corner of Almond Avenue and Lemon Street from
C-2 (General Business District) and R-4 (Multi-
Family Residential) to
R-4 (Multi-Family Residential).
Zone Change 1226-
04 Applicant: Joe
and Linda Day MOTION - Ambriz SECOND - Coontz AYES -
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance No. 13-04 be read by title only
and same was
approved and adopted by the preceding vote.9.2 ORDINANCE
NO. 14-04 (SECOND READING) (C2300.E Ord-14-04)An Ordinance of the City
Council of the City Of Orange approving Zone Change 1222-03 establishing
a PC (Planned Community) Zoning Classification and adopting the Del Rio Development Plan for approximately
73 acres to be annexed from the County of Orange located West of Glassell Street, North of
Lincoln
Avenue and South
and East of the
Santa Ana River
Channel.Zone Change
1222-03 Applicant: Del Rio, LLC MOTION - Coontz
SECOND - Ambriz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance No. 14-04 be read
by title only
and same was approved and adopted by the preceding vote.
9.3 ORDINANCE NO. 15-04 (SECOND READING) (A2IOO.0 Agr-4498)An Ordinance of the
City Council of the City of Orange approving a Development Agreement by and between the City of Orange
and Del Rio, LLC, for approval of the phased development of the property generally located
West of Glassell Street, North of
Lincoln Avenue and South
and East of
the Santa Ana
River Channel.Applicant: Del Rio, LLC MOTION - Ambriz
SECOND - Coontz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance No. 15-04 be read
by title only
and same
was approved and adoptedby
the
preceding vote.PAGE 7 I-.'------_._-~'-~--"-.-
CITY COUNCIL MINUTES May 25, 2004
9. LEGAL AFFAIRS (Continued)
9.4 ORDINANCE NO. 16-04 (FIRST READING) (A2S00.0 Ord-16-
04 News Racks)An Ordinance of the City Council of the City of Orange amending Chapter 5.92 of Title
5 of the Orange Municipal Code Relating to Regulations for News Racks
on
Public Property.Discussion Councilmember Steve Ambriz requested a staff report regarding the
proposed regulations on news racks in the
City of Orange.Director of Public Works Harry Thomas reported the City Council adopted a
major revision to the Newsrack Ordinance in 1996 and this proposal simply establishes
specifications for type,color, and construction requirements for news racks. Mr. Thomas reported
that 16 entities,including the Los Angeles Times, Orange County Register, and USA Today,
currently hold news rack permits from the City of Orange. Other news racks may exist without
permits, and staff will begin to investigate those entities installing news racks without a permit. He
also noted that 193 of the 138 newsracks in the City are along four major streets; and during the
last year, the City received approximately 60 complaints dealing primarily with
aesthetic concerns of appearance, condition, and maintenance
for news racks.Mr. Thomas further reported this proposal includes a change from a one time $25 fee
to a $125 per year fee which covers the costs for administering the proposed regulations
and is consistent with cities such as Garden Grove, Costa Mesa and Tustin. The City will provide
a one year amortization period for all news rack permit holders to comply with the
revised standards. The proposal only covers those news racks stationed on public property and limits
the area length occupied by news racks to 15 feet. Mr. Thomas expressed confidence that
the proposed news rack regulations will help deal with complaints and maintain
appropriate aesthetic qualities.Councilmember Ambriz asked if the City had notified all 16 companies holding
a news rack permit that this discussion would be on the Council Agenda; expressing concern
that the majority of companies may not have provided input on the proposed standards
for news racks.Mr. Thomas reported the Public Works Department has been working on the
new regulations for two years. During that time, anyone coming to the City for a permit was told
of the proposed regulations, but no notices were sent out specifically advising those entities of
this meeting's agenda. He reiterated that the proposed news rack regulations meet the current
standard of most print makers, and is driven by aesthetic values
for the community.Mr. Ambriz asked if the City should consider removing the news racks
entirely for cost effectiveness based on the number of racks and the fee collected
for each one.Mayor Murphy referred to a previous Council review of news rack regulations,
noting that First Amendment rights restrict cities from removing news racks. However, he
commented that cities can place requirements on news racks such that they do not degrade the aesthetic
value
of a
community.
CITY COUNCIL MINUTES May 25, 2004
9. LEGAL AFFAIRS (Continued)
Councilmember Coontz stated it would have been helpful if the Council had received some
background information on this issue, as it was discussed several years ago. There were a lot of
issues discussed at that time, including First Amendment rights. The Council wanted to
eliminate them completely but could not do that because of the First Amendment issues. She
expressed concern that the main arterial streets in Orange are becoming overcrowded and
beginning to appear saturated.
Mayor pro tern Cavecche asked why the City of Orange can not remove news racks entirely.
While she understands that the City can not regulate content, she does not agree that the news
rack have a place in the public right of way.
City Attorney David De Berry referred to a legal case involving the City of Tustin. He explained
that the City of Tustin attempted to prohibit news racks in the public right of way. The court,
however, declared news racks on the sidewalk as a traditional public forum. In order to
override this ruling, the government's interest needs to be sufficient to overcome the First
Amendment issue. As far as content regulation, Mr. De Berry noted that the City of Orange does
not allow hard core matter to minors in news racks, noting that the City has confiscated news
racks for including information suitable solely for adults.
Mayor pro tern Cavecche expressed her displeasure at the judicial system's findings on this
matter.
Councilmember Alvarez inquired about the number of news racks allowed at anyone location
and setback requirements; and if the proposal could reduce the area size allotted for news racks.
Mr. Thomas responded that the proposal limits news rack banks to fifteen feet in length with a
minimum of five feet between news rack banks. He noted that the standard plan provides set
back requirements with narrowing areas to accommodate news racks.
Mr. De Berry reported that the City would need to determine the government's purpose in
reducing the area size; and that there has to be some basis for the regulation that can be
supported. He explained that the City of Tustin's ordinance did not prohibit all news racks, but
created such stringent regulations that it severely limited locations to place news racks.
Councilmember Alvarez responded he would prefer to see more restrictions in the size of the
news rack bank.
Mayor Murphy estimated that the proposed 15 feet of news rack bank probably accommodates
only four or five news racks.
Councilmember Ambriz asked about the cost for news racks permits and if the City will be able
to recoup staff costs for permits, staff materials, and maintenance.
Mr. Thomas responded that the fees should sufficiently cover staff time, incidentals, supplies and
vehicle time. He stressed that the plan can refine the proposal, but the fees should adequately
recoup City costs.
PAGE 9
j'
CITY COUNCIL MINUTES May 25, 2004
9. LEGAL AFFAIRS (Continued)
Councilmember Coontz inquired if the news racks along Tustin encroach into already reduced
public sidewalk areas, as there are also numerous telephone and electrical poles. She expressed
concern for the difficulty of people passing by on the sidewalks, especially those with
wheelchairs and strollers.
Mr. Thomas assured the City Council that the current news rack code already reqUIres
compliance with the Americans with Disabilities Act.
Mayor Murphy asked about the proposed one year amortization period for permit holders to
comply with the proposed regulations, and if six months would provide an appropriate time
period for conforming to standards.
Mr. De Berry acknowledged the City's need to provide permit holders with an opportunity to
recoup their investment, and one year would provide a sufficient time for permit investors to
recoup costs of the news rack.
Mayor pro tern Cavecche stated, for the record, that it is ludicrous that the courts are forcing
cities to place newsracks on the public right-of-way; and she is voting yes because she
has to.MOTION -
Murphy SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved
that Ordinance No. 16-04 be read by title only and same was set for second reading by
the preceding vote.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council will recess to a Closed Session for the following purposes:
NOTE: The City Council did not recess.
a. 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.
PAGE1Q
CITY COUNCIL MINUTES May 25, 2004
12. ADJOURNMENT
There was no 7:00 p.m. Session. The City Council adjourned at 5:45 p.m. in memory of Glenn
Wann. The next regular City Council meeting is scheduled for June 8, 2004.
C((t-~(
MAR . URPHY )
CITY CLERK
PAGE 11
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