HomeMy WebLinkAbout8_10_2004 - Council MinutesAPPROVED BY THE CITY COUNCIL ON AUGUST 24, 2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING AUGUST 10, 2004
The City Council of the City of Orange, California convened on August 10, 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 Pastor Scott Whan, Old Towne Community Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Steve Ambriz
1.3 ROLL CALL
PRESENT -ABSENT -
Ambriz, Alvarez,
Mayor Murphy, Cavecche Coontz 1.
4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Introduction of
Miss Orange 2005 contestants - Nicole Smith and Kimberly Yeager and Miss Orange 2004,
Jaclyn Normandie.Presentation to the
City of Orange of the 2003/04 City of the Year Award from the Orange County United
Way.Presentation of Resolution
No. 9894 to Bob Knaak of the Public Works Department,commending him for
more than 35 years with the City of Orange.Presentation of Resolution
No. 9895 to Jerry Bailey of the Public Works Department,commending him for
more than 34 years with the City of Orange.Councilmember Ambriz announced
that on August 12, 2004, starting at 8:30 a.m., Home Depot and Kaboom
would be coordinating a volunteer effort to construct a playground at the YMCA in
one day.Mayor Murphy announced
the concert at Hart Park on August 11, 2004, at 7:00 p.m.2. PUBLIC COMMENTS -
None.
CITY COUNCIL MINUTES August 10, 2004
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 August 10, 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 Office and Main Public Library, 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 July 20, 22, 29, 2004 .
ACTION:Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, July 27, 2004.
C2500.D.4)
ACTION:Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
AGREEMENTS
3.5 Attorney Services Agreement with the Law Firm of Palmieri, Tyler, Wiener,
Wilhelm & Waldron, LLP to provide legal services in connection with
condemnation matters. (A2100.0 Agr-2794.
E)SUMMARY: The City entered into an agreement with Palmieri, Tyler,
Wiener,Wilhelm & Waldron, LLP (hereafter, Palmieri, Tyler), to provide legal services
in connection with eminent domain matters, specifically the case of City of Orange
v.Ultramar. The firm is concluding an erninent domain matter and will be
called upon in the upcoming fiscal year to advise the City and if necessary, to litigate
on behalf of the City, additional eminent domain
matters.
CITY COUNCIL MINUTES August 10,2004
3. CONSENT CALENDAR (Continued)
ACTION: Approved and authorized the Mayor and City Clerk to execute the proposed
contract with Palmieri, Tyler, Wiener, Wilhelm & Waldron, LLP for a total sum of
100,000.
FISCAL IMPACT: Sufficient funds are available in account number 284-
5011-483300-4038 - Chapman Widening - 57 Fwy to Main St.
3.6 First Amendment to Attorney Services Agreement with the Law Firm of Liebert
Cassidy Whitmore. This firm represents the City in various safety personnel
matters. (A21 00.0 Agr-l042.Q.
l)SUMMARY: The City currently has an agreement for fiscal year 2003-04
with Liebert Cassidy Whitmore for an amount not to exceed $60,000 to provide
personnel legal services. The term of the agreement has expired and therefore, the City would
like to enter into a new contract to extend the term for an
additional year.NOTE: Staff requested this item be removed from
the agenda.ACTION: Removed from
the agenda.FISCAL IMPACT: Sufficient funds are available in the Personnel
Legal Services Account
No. 100-0301-426111.3.7 Approval of a Reimbursement Agreement between the City
of Orange and the Orange Redevelopment Agency for FY 2004-
2005. (A2100.0 Agr-3283.E)SUMMARY: The Reimbursement Agreement between
the City and Agency will create indebtedness which will enable the Agency to
utilize tax increment revenue instead of bond proceeds to pay for operational costs. This will free
up
bond proceeds for loans or projects.See
ORA Minutes Item No. 3.4)ACTION: Approved the Reimbursement Agreement between
the City of Orange and the Orange Redevelopment Agency, and authorized the Mayor
to execute, and the City Clerk to attest, the
Agreement on behalf of the City.FISCAL IMP ACT: There is no net fiscal impact on
either the City or Agency budget.Interest paid by the Agency on the loan will be offset
equally by interest earned by the Agency on the loan proceeds. There are
sufficient tax increment revenues and other
funds
CITY COUNCIL MINUTES August 10, 2004
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
3.8 Agreement with the Orange International Street Fair, Inc. for production of the
Orange International Street Fair. (A2100.0 Agr-l071.
F)SUMMARY: This agreement supercedes the current agreement which was executed
in 1994 with the Orange International Street Fair, Inc. and provides for the production of
the Orange International Street Fair. Changes include increased insurance
coverage requirements, a three year-term without automatic renewal, and a requirement
for the Street Fair organization to be responsible for cleaning up and paying for
damage to
private
property.Discussion Councilmember Alvarez commented on a meeting he and Mayor Pro Tern
Cavecche had with the City Manager's staff to review this agreement. He noted that a map
with the parameters of the fair is now a part of the agreement. Points raised at the
meeting were-Limits of liability insurance is now required and that the insurance coverage
has changed;the need for a response mechanism to respond to property owners'
damage issues.Councilmember Ambriz questioned whether the Street Fair organization has
a Public Information Officer (PIO) to respond to property owners' complaints. He also
noted that the agreement states that the Street Fair organization will pay for all damages
caused to
private property.He also asked about the map being updated to show Plaza Park being closed, as
well as whether public safety would be addressed, citing the need for
screening volunteers working at the fair. He also suggested that the street fair rules and regulations
be posted.Assistant City Manager John Sibley acknowledged that a PIO would be
appointed prior to the signing of the agreement. He affirmed that this year's agreement
articulated the obligation by the corporation to pay for all damage occurring on private
property. He stated that he would follow up with the organization on the background
checks
for workers.City Attorney David DeBerry responded with regard to the rules and
regulations that anybody is allowed to hand out literature, but not to set up a table in
the plaza.Councilmember Ambriz commented that restaurants are allowing their customers
to leave their establishment with drinks. He questioned the rule on this and the fact
that some restaurants allowed it and some did not. He suggested that a notice be sent
with the regulation clearly
spelled
CITY COUNCIL MINUTES August 10, 2004
3. CONSENT CALENDAR (Continued)
Mr. Sibley agreed to look into the alcohol policy for restaurants. He mentioned that there
were differences between a restaurant license and liquor license requirements. He noted
the case in which some establishments were serving their drinks in the sidewalk area.
Councilmember Alvarez commented on allowing establishments to pull special permits
during the street fair; suggesting that a moratorium on issuing special permits be in effect
during the fair. He agreed that the Street Fair organization needed to be responsive to the
property owners to rectify problems.
Mayor Murphy noted that the approval of the agreement was contingent on a PIO being
appointed.
Discussion ensued on the need for background checks and the organization's
accountability to the city. In addition to public safety, the background checks would
effect health concerns.
Mayor Pro Tern Cavecche asked about the legality of requiring a background check. She
also stated that there was a misperception that the street fair is a city event. She
suggested that it be made clear that there was a separate organization that was responsible
for the fair. She reiterated her suggestion for a moratorium on allowing special events
permits for other businesses and organizations during the fair. She also stated that the
City had received complaints that the organization was unable to be contacted by phone,
and she requested that the organization be more responsive to the public.
Mr. DeBerry commented that ifthere is a provision in the agreement stating the need for
a background check it could be required; however, there would need to be a policy
established to include ramifications for a failed background check.
MOTION -SECOND-
AYES-
ABSENT-
Alvarez
Cavecche
Ambriz,
Alvarez, Mayor Murphy, Cavecche Coontz
ACTION:
Approved the agreement with Orange International Street Fair, Inc., and authorized
the Mayor to execute and the City Clerk to attest; and incorporate comments by
the City Council.FISCAL
IMPACT: None. The Orange International Street Fair, Inc. is responsible for paying
all City costs for the production of the Street Fair.5
CITY COUNCIL MINUTES August 10,2004
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
3.9 Affirmation of Agreement with the City of Orange Public Library Foundation
concerning a fundraising opportunity during the 2004 International Street Fair.
A2100.0 Agr-3580.
A)SUMMARY: This action affirms an Agreement to allow the non-
profit Library Foundation to operate pay parking lots once again on three areas of
designated City property during the International Street Fair. Cost per parking stall or per vehicle
will be
10.
00.Discussion Library Director, Nora Jacob announced the success of a recent
Library Foundation fundraiser that raised approximately $13,000. Ms. Jacob also noted that the
Friends of the Library will be conducting a book sale during the
street
fair.
MOTION:
SECOND:
AYES:ABSENT:
Mayor
Murphy Cavecche Ambriz, Alvarez, Mayor
Murphy,
Cavecche Coontz ACTION: Affirmed Agreement with the City of Orange Public Library
Foundation to operate pay parking lots at $10.00 per parking stall or per vehicle in three
areas of designated City property during the 2004 International
Street Fair.FISCAL IMPACT: Because the Library Foundation will reimburse the City
for staff costs (if any) associated with the use of the parking lots, there is no
fiscal
impact.BIDS 3.10 Project No. SP-3436; Sewer and Water Lines Relocation. Approval
of plans and specifications, and request for authorization to advertise for
bids. (C2500.M)SUMMARY: Plans and specifications have been completed for the relocation of
a 6 inch sewer line and a 10 inch water line in Center Street adjacent to the
Main Library. The project is ready to be advertised for bids. The estimated construction cost
is $147,000 including 10% contingencies, and 15%
for construction engineering.ACTION: Approved plans and specifications and authorized advertising for
bids for the relocation of a 6 inch sewer line and a 10 inch water line in Center Street
adjacent to
the Main Library.FISCAL IMP ACT: Funds are budgeted and are available in
the followingaccounts:500-2001-481200-9901 $1,
483,573 (Main Library Expansion Project)220-
5022-426700 $ 686.494 (
Other
Professional &
Consulting
CITY COUNCIL MINUTES August 10, 2004
3. CONSENT CALENDAR (Continued)
3.11 Bid No. 045-08, Annual Service Contract for Concrete Replacement at
Various Locations, Fiscal Year 2004-2005; SP-3491. Approval of
Plans and Specifications and authorization to advertise for
bids. (C2500.M)SUMMARY: Plans and specifications have been completed for
the Annual Service Contract for Concrete Replacement at various locations, FY 2004-
05 project. The project is ready to be advertised for bids. The estimated construction
cost is $200,000.ACTION: Approved plans and specifications and authorized advertising
for bids for the Annual Service Contract for Concrete Replacement at
Various
Locations, FY 2004-2005 project.FISCAL IMPACT: Funds are budgeted in the
Capital Improvement Program and are
available in the following account:262-5021-427100 (
Measure
M - Contractual Services) $250,000 CLAIMS 3.12 The City Attorney recommends that the
Orange City Council deny the following Application to
Present a Late
Claim: (C3200.0)a. James Madison ACTION: Denied Application to Present a Late Claim
and
referred
to City Attorney and Adjuster.CONTRACTS 3.13 Final Acceptance of Bid No. 034-
22; SP 3420; Garden Grove Boulevard Pavement Rehabilitation from The City Drive to Park
Vine Street, and SP 3421; The City Drive Pavement Rehabilitation from Garden
Grove Boulevard to 300 feet south of the SR 22 and authorization to file
Notice of Completion with
the County Recorder No staff report required).SUMMARY: Bid No.
034-22; SP 3420; Garden Grove Boulevard Pavement Rehabilitation from The City Drive to Park
Vine Street, and SP 3421; The City Drive Pavement Rehabilitation from Garden Grove
Boulevard to 300feet south of the SR-22 Freeway.
Contractor:
R.I. Noble Company. Staff recommends acceptance of improvements.ACTION:
Accepted public work improvements, authorized release of Travelers Casualty and Surety Company of
America of Connecticut, Bond No. 83 SB 104239113, for 253,160.20, and authorized the
Mayor and City Clerk
to
execute
Noticeof
Completion.
FISCAL IMP ACT: None.7 1---
CITY COUNCIL MINUTES August 10, 2004
3. CONSENT CALENDAR (Continued)
3.14 Contract Change Order No.1; Bid No. 034-35; CDBG Street Reconstruction - FY
2003/04, Hill Street from Phillips to Montgomery, Walnut Avenue from Tustin Street
to Wayfield Street, and Palmyra Avenue from Tustin Street to east cul-
de-sac.A2100.
0 Agr-4477)SUMMARY: Contract Change Order No. 1 authorizes payment for
extra work at Contract unit prices and agreed prices. The total amount of Contract Change
Order No. 1 is $
46,
788.00.ACTION:1) Approved Contract Change Order No. 1 in the amount of $46,788.
00 to Orion Contracting, Inc. for
the extra work.2) Transferred $46,788.00 from 310-9645-483400-
5380 (CDBG - Shaffer Street Storm Drain Improvements, Phase
2) to 310-9645-483300-3219 (Hill Street).3) Transferred $10,000.
00 from 310-9645-483400-5380 (CDBG - Shaffer Street
Storm Drain Improvements, Phase 2) to
310-9645-483300-3026 (Walnut Avenue) for additional inspection and contract administration
cost.4) Transferred $10,000.00 from 310-9645-
483400-5380 (CDBG - Shaffer Street Storm
Drain Improvements, Phase 2) to 310-9645-483300-3019 (Palmyra Avenue) for additional inspection and
contract administration cost.FISCAL IMP ACT:
Funds
are
budgeted
and will be
available upon transfer
in the Capital
Improvement Program
in the
following accounts:
310-
9645-483400-3219 310-9645-483400-3026 310-9645-483400-3019 CDBG (Hill Street)CDBG (
Walnut Street)CDBG (
Palmyra Avenue)47,410 10,364 13,250 DONATIONS 3.15 Accept donation from an
Orange resident for use in the Fire/Rescue Paramedic program. (C2500.H)SUMMARY: An Orange resident,
Mrs. Ho Yeh Mei Chiu, has donated a check
in the amount of $600.00 to be used
to support the
Fire Department's Fire/Rescue program.ACTION: Amended the revenue budget 100-
3022-
293900 (
CITY COUNCIL MINUTES August 10, 2004
3. CONSENT CALENDAR (Continued)
FACILITIES
3.16 Request to close the Main Library on Friday-Saturday, Sept. 3-4, during
the 2004 International Street Fair. (
C2500.I)SUMMARY: Closure of the Main Library from 2-6 p.m. Friday, Sept. 3,
and from 10 a.m.-6 p.m. Saturday, Sept. 4, is requested to avoid competition
with the International
Street Fair downtown.ACTION: Authorized the closure of the Main Library from 2-6 p.m.
Friday, Sept. 3, and from 10 a.m.-6 p.
m. Saturday, Sept. 4.FISCAL IMP ACT: There is no fiscal impact to
closing
the Main Library.GRANTS 3.17 Grant from Tenet Healthcare Foundation for support of
the Youth Services Bureau Strategic Home Intervention and
Early Leadership Development (
SHIELD)Program. (C2500.K)SUMMARY: Tenet Healthcare Foundation, on behalf of
Chapman Medical Center has selected the Police Department's SHIELD Program as
a beneficiary of funds.ACTION: Accepted the grant award of $2,500 from
Tenet Healthcare Foundation, which has been deposited in account 100-
4031-264950-2306 (Other Grant Revenue) and
appropriated $2,500 to account 100-4031-441600-2306 (Detectives-Miscellaneous
Expenditures-SHIELD Program) and amended the FY 2004-05 Revenue Budget in the General Fund in the amount
of $2,500
to reflect the receipt of the amount of the Tenet Healthcare Foundation Grant.FISCAL IMP
ACT: There will be no impact to the General Fund as Tenet Healthcare
Foundation has awarded the funds.
After appropriation, funds will be
available in
the Detective Program budget as follows:100-4031-441600-2306 $2,500 Miscellaneous Expenditures-SHIELD
PARKING PERMITS 3.18 Request approval of No Fee parking permits in
Municipal Parking Lot J (South Orange Street) for
the Assistance League of Orange (10), and First United Methodist Church (2). (
S4000.S.3.1.2)SUMMARY: The Assistance League of Orange and
First United Methodist Church are requesting issuance of No Fee parking permits
to
accommodate
their charitable medicaland community activities. Thisrequest
is
reviewed
CITY COUNCIL MINUTES August 10, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Approved the request and authorized issuance of the parking permits, valid
July 1,2004 thru June 30, 2005.
FISCAL IMPACT: Loss of$4,320 annual parking permit fees.
REPORTS
3.19 Public Health Goals Report for Years 2001, 2002 and 2003 Drinking Water Quality.
C2500.P)
SUMMARY: The Public Health Goals Report for Years 2001, 2002 and 2003 is a report
to explain in plain language, information about the presence of contaminants in the
drinking water supply detected at levels above Public Health Goals published by the State
Office of Environmental Health Hazard Assessment during calendar years 2001, 2002
and 2003.
ACTION: Received and Filed.
FISCAL IMPACT: None.
RESOLUTIONS
3.20 RESOLUTION NO. 9898 (C2500.H)
A Resolution of the City Council of the City of Orange expressing appreciation to
Reymundo Montoya of the City of Orange Fire Department and commending him for 30
years ofloyal and dedicated service.
ACTION: Approved.
3.21 RESOLUTION NO. 9901 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2004-04 combining two parcels of certain real property situated at 205 & 235
West La Veta Avenue in the City of Orange, County of Orange, State of
California.Owners: Orange Housing Development Corporation, a California
Corporation ACTION:
Approved.
10
CITY COUNCIL MINUTES August 10,2004
3. CONSENT CALENDAR (Continued)
VOTING DELEGATE
3.22 Voting Delegate - League of California Cities (No Staff Report Required)OR1800.
0.12)SUMMARY:
Designate Mayor pro tern Carolyn Cavecche as the City of Orange's Voting
Delegate at the League of California Cities 2004 Annual Business Meeting on September
19, 2004.ACTION:
Approved.MOTlON-
SECOND-
AYES
ABSENT -
Alvarez Ambriz
Alvarez,
Ambriz,
Mayor Murphy, Cavecche Coontz Item
3.
6 was removed from the Agenda. Items 3.8 and 3.9 were 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 Annual Report
from the Audit Committee (OR1800.0.27.17)SUMMARY: In accordance with
Resolution No. 8802, the Audit Committee shall report annually to the City
Council. The report summarizes the activities and accomplishments of the Committee during the past
fiscal year.Discussion David Sundstrom, Chairman
of
the Audit Committee summarized the activities and accomplishments of the Audit
Committee.Councilmember Ambriz queried whether
there were any findings in the report that the council needed to follow up
on. He also asked whether these reports can be available on the City's website.Mr. Sundstrom responded
that
the committee did not identify any issues of concern.11 n___ ___
CITY COUNCIL MINUTES August 10, 2004
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued)
City Manager David Rudat stated that he would look into putting these reports on the website.
Councilmember Cavecche requested that two Councilmembers be appointed to this committee to
sit as ad hoc members.
MOTlON-
SECOND-
AYES
ABSENT -Mayor
Murphy Cavecche
Ambriz,
Alvarez, Mayor Murphy, Cavecche Coontz
ACTION:
Received and filed.7.
ADMINISTRATIVE REPORTS - None.8. REPORTS
FROM CITY MANAGER - None.9. LEGAL AFFAIRS -
None.10. RECESS TO THE
MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED
SESSION NOTE: The City Council
did not recess.a. Conference with Legal
Counsel - Significant exposure to litigation pursuant to Government Code Section 54956.9(
b) (one potential case).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.12. ADJOURNMENT The City Council
adjourned at
5:35 p.m.it r L(.).i lv'
0." ARYE. . HY r " Cny
CLERK Q-~t
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