7/12/2005 - Council Minutes - CC Minutes Reg Meeting
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APPROVED BY THE CITY COUNCIL ON JULY 26, 2005
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING July 12, 2005
The City Council of the City of Orange, California convened on July 12, 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 Tim Klinkenberg, St. John's Lutheran Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmembcr Teresa Smith
I.3 ROLL CALL
PRESENT -
ABSENT -
Smith, Ambriz, Murphy, Cavecche, Dumitru
None
1.4
PRESENTATIONS; ANNOUNCEMENTS; INTRODUCTIONS - None
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.
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CITY COUNCIL MINUTES
July 12, 2005
3. CONSENT CALENDAR (Continued)
3.1 Request Council Confirmation of warrant registers dated June 16, 23, and 30, 2005.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting June 28, 2005 and
Adjourned Regular Meeting June 28, 2005. (C2500.D.4)
ACTION:
Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.4 Award of Professional Services Agreement for Special Inspections and Material
Testing for the Main Library and History Center expansion project. (A2100.0 Agr-
4717)
SUMMARY: This agreement authorizes a consultant to provide special inspections and
material testing for the Main Library and History Center expansion project.
ACTION: Approved agreement with MTGL, Inc., in the amount of $90,000, and
authorized the Mayor and the City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are available in the following account:
500-2001 -481200-9901 $90,000 Main Library & History Center Expansion
3.5 CLAIMS (C3200.0)
SUMMARY: The following c1aim(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
c1aim(s) be denied.
a. Edward Imfeld
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES
July 12, 2005
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.6
Contract Change Order No.1 to Engineered Plumbing, Inc. of Baldwin Park, CA
91706 for Villareal Drive Water Main Renewal, Bid No. 045-21. (A2100.0 Agr-4605)
SUMMARY: In January 2005, the City of Orange entered into a contract with
Engineered Plumbing, Inc. to replace an existing old and deteriorating water transmission
main. Due to unforeseen underground conditions, additional costs were incurred.
ACTION: I) Transferred $81,704.73 from Account No, 601-8041-484101-8120 - Well
28 into Account No. 601-8041-484501-8323 - Villareal Waterline Replacement; 2)
Approved Contract Change Order No.1 in the amount of $81,704.73 to Engineered
Plumbing, Inc. for additional work and materials.
FISCAL IMP ACT: After the transfer, funds will be available in the following account:
601-8041-484501-8323 Villareal Waterline Replacement $81,704.73
3.7 Final Acceptedance of Bid No. 045-21; Water Main Renewal for Villareal Drive and
authorization to file Notice of Completion with the County Recorder (No staff
report required). (A2100.0 Agr-4605)
SUMMARY: Bid No. 045-21; Water Main Renewal for Villareal Drive. The contractor
on said job was Engineered Plumbing, Inc.
ACTION: Accepted public work improvements, authorized release of Merchants
Bonding Company (Mutual), Bond No. CAC 709362, in the amount of $247,372.00 and
authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
3.8
Bid No. 056-05; SP-3526; Annual Service Contract for Concrete Replacement at
Various Locations, Fiscal Year 2005-2006. Approval of Plans and Specifications
and authorization to advertise for bids. (S4000.S.3.2)
SUMMARY: Plans and specifications have been completed for the Annual Service
Contract for Concrete Replacement at various locations, FY 2005-06 project. The project
is ready to be advertised for bids. The estimated construction cost is $400,000,
ACTION: Approved plans and specifications and authorized advertising for bids for the
Annual Service Contract for Concrete Replacement at Various Locations, FY 2005-2006
project.
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CITY COUNCIL MINUTES
July 12, 2005
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and are
available in the following accounts:
262-5021-427100
262-5021-483300-3120
(Measure M - Contractual Services)
(Measure M - Local Street Maintenance)
Total:
$197,000
$203.000
$400,000
3.9 Bid No. 056-06; SP-3527 Annual Street Maintenance Asphalt Concrete Overlay/
Reconstruction at Various Locations, Fiscal Year 2005-06. Approval of Plans and
Specifications and authorization to advertise for bids. (S4000.S.7)
SUMMARY: Plans and specifications have been completed for the rehabilitation of
miscellaneous City streets under the Street Maintenance Program, The project is ready to
be advertised.
ACTION: Approved plans and specifications and authorized advertising for bids for the
Annual Street Maintenance Asphalt Concrete Overlay/Reconstruction Contract at
Various Locations, FY 2005-06.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and are
available in the following accounts:
262-502 I -483300-3 120 (Measure M - Local Street Maintenance)
262-5021-483300-3112 (Measure M - Arterial Street Maintenance)
Total:
$450,000
$200.000
$650,000
PURCHASE
3.10 Purchase of a strip of land for street widening at 2510-2620 E. Chapman Avenue (a
strip retail center). (A2100.0 Agr-4718)
SUMMARY: Acquisition of a strip of land for widening of the Chapman Avenue and
Yorba Street intersection.
ACTION: Authorized the Mayor and City Clerk to execute escrow and related documents
concerning the purchase of a strip of property at 2510-2620 E. Chapman Avenue, to be
used in connection with widening the Chapman Avenue and Yorba Street intersection.
Purchase price is $259,596.00 plus related escrow costs,
FISCAL IMPACT: Funds are available in the following account:
272-5011-483300-3023 $259,596.00 ChapmanlYorba Critical Intersection Widening
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CITY COUNCIL MINUTES
July 12, 2005
3. CONSENT CALENDAR (Continued)
QUITCLAIM
3.11 Quitclaim of an old Santa Ana Valley Irrigation Company (S.A.V.I.) Easement
along the northerly boundary of the SR-22 Freeway between Cambridge and Tustin
Streets. (D4000.0)
SUMMARY: This S.A.V.I. easement has been abandoned for many years and now lies in
the right-of-way of the SR-22 Freeway expansion project.
ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to the
Orange County Transportation Authority, a Public Entity for the S.A V.I. easement
located in the SR-22 Freeway right-of-way between Cambridge and Tustin Streets.
FISCAL IMP ACT: The $650.00 processing fee has been paid.
3.12 Request to carryover certain Fiscal Year 2004-05 Appropriations to FY 2005-06.
(C2500.J.1.5)
SUMMARY: Carryover appropriations are necessary for projects that were budgeted in
FY 2004-05 but not initiated during the fiscal year. Therefore, the funds for these
projects must be carried over into the new fiscal year of 2005-06 to facilitate completion
of these projects and workplans.
ACTION: Approved the carryover appropriations.
FISCAL IMP ACT: Adequate funds have been appropriated and reserved in the Fiscal
Year 2004-05 budget and are available to be carried over into the FY 2005-06 budget.
MOTION - Ambriz
SECOND - Dumitru
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES
July 12, 2005
4. REPORTS FROM MAYOR MURPHY
4.1 Consideration of appointment to the Planning Commission. (C2500.G.2.5.1)
MOTION - Murphy
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to appoint Denis Bilodeau to the City of Orange Planning Commission, filling the
unexpired term of Ken Domer, term to expire on June 30, 2008.
5. REPORTS FROM COUNCILMEMBERS
5.1 Mayor pro tem Carolyn Cavecche - City Council stance opposing Supreme Court
ruling, Kelo v. City of New London, use of eminent domain for economic development.
(C2500.M.14)
Discussion - Mayor pro tem Cavecche stated her desire to let the citizens of Orange know the
position that the City Council holds on the issue of eminent domain for economic development
purposes. She requested the City Attorney summarize his memo to the Council explaining the
points of the City of New London case.
City Attorney, David DeBerry stated that the ruling does not change the law in California. He
indicated that California erninent domain cases have ruled in favor of the property owner,
precluding state and local agencies from taking private property from one person and selling it to
another for economic development purposes unless it is necessary to eliminate an existing
blighted condition.
Mayor pro tern Cavecche stated it was her opinion that the government does not have a right to
take private property to transfer ownership from one business to another for economic
development purposes and asked that the Council go on record opposing the use of eminent
domain for this purpose.
Councilmember Smith stated that she strongly agreed with the Mayor pro tern's opinion.
Mayor Murphy also stated he was philosophically opposed to this issue.
No Councilmember responded to Mayor Murphy's query whether any had a different opinion,
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS - None.
8. REPORTS FROM CITY MANAGER - None.
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CITY COUNCIL MINUTES
July 12, 2005
9. LEGAL AFFAIRS - None.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved that due to new proposals made today in negotiations with the City's Firefighters
Association, the City Council finds that there is a need to take immediate action and the need to
take the action arose after the posting of the agenda and that the Firefighters Association shall be
added to the list of bargaining unit negotiations to be discussed in closed session,
The City Council recessed to a Closed Session at 4:45 p.m. for the following purposes:
a, Conference with Labor Negotiator pursuant to Government Code Section 54957,6:
City Negotiators: Personnel Director Steven Pham and Personnel Manager Mike Harary
Employee Organizations: Orange Management Association;
Orange Maintenance & Crafts Employees' Association;
Orange Municipal Employees' Association;
Water Department Employees Association; and
Firefighters Association
b. Public Employee Appointment/Recruitment pursuant to Government Code Section 54957.
Title: City Manager
Public Works Director
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.
12. ADJOURNMENT- The City Council adjourned at 9:20 p,m.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular
meeting of July 12, 2005 at Orange Civic Center kiosk, Police facility 1107 North Batavia, Shaffer Park;
all of said locations being in the City of Orange and accessible to members of the public at least 72 hours
before commencement of said regular meetiug; and available at the Civic Center City Clerk's Office.
{;.';JlL'~
M . MURPHY
. CIT' CLERK
1f Jt~.r!1IHY
MAYO
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