8/9/2005 - Council Minutes - CC Minutes Reg Meeting
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APPROVED BY THE CITY COUNCIL ON AUGUST 23, 2005
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING August 9, 2005
The City Council of the City of Orange, California convened on August 9, 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
1.1 INVOCATION
Given by Pastor Orlando Barela, Household of Faith
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Mark Murphy
1.3 ROLL CALL
PRESENT -
ABSENT -
Ambriz, Murphy, Cavecchc, Dumitru
Smith
1.4 PRESENTATlONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Councilmembcr Ambriz announced several articles about the City of Orange in recent
magazine publications.
Councilmembcr Ambriz announced a Family Expo for kids at The Block the weekend of
August 13,10:00 a.m. to 3:00 p.m.
2.
PUBLIC COMMENTS
Jerome Ryan, spoke on the expansion of Chapman University into Old Towne.
John Whiteriver, American Legion, spoke on the 2005 National POW/MIA Recognition
Day, which they will celebrate in Orange on September I7 at 9:00 a.m.
Pastor Orlando Barela, presented a plaque to the City Council for their contributions to
the Unity in the Community event.
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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 July 19,21,28,2005.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting July 26, 2005
ACTION:
Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
(REMOVED AND HEARD SEPARATELY)
3.4 Agreement between the City of Orange and Children's Hospital of Orange County
(CHOC) to allow the City to install and operate a Closed Circuit TV (CCTV)
camera on top of the building located at 505 S. Main Street for the purpose of
monitoring area traffic couditious. (A2100.0 Agr-4730)
SUMMARY: As part of the approval for the construction of the CHOC parking
structure, the hospital has agreed to allow the City to place a CCTV camera on top of the
office building located at 505 S. Main Street that would monitor traffic conditions in the
area.
Discussion - Councilmember Dumitru asked whether the City owned other closed circuit
cameras in addition to the one at The Block and this location; if this intersection is being
controlled by the Transportation Management Center, utilizing the cameras; what kind of
privacy protections are in place for the hospital across the street; and whether the film is
stored.
Interim Public Works Director, Roger Hohnbaum informed that these are the only sites
the City has cameras; that the operation of the cameras incur no costs; that the installation
of fiber optic cable will provide a clearer picture; that the cameras are pointed at the
streets, so when they rotate, they are not pointed into the hospital windows; and that the
cameras project in real time-no storage of film is occurring.
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3.
CONSENT CALENDAR (Continued)
MOTION - Dumitru
SECOND - Cavecche
AYES - Ambriz, Murphy, Cavecche, Dumitru
ABSENT - Smith
ACTION: Approved the agreement between the City of Orange and CHOC to allow the
installation and operation of a CCTV camera from the building located at 505 S. Main
Street, and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: There is no cost to the City as the power supply for the CCTV will
be paid for by the building owner.
3.5 Modification of Agreement with the City of Orange Public Library Foundation
concerning a fundraising opportunity during the 2005 International Street Faire.
(A2100.0 Agr-3580.B)
SUMMARY: This action modifies an Agreement to allow the non-profit Library
Foundation to operate pay parking lots once again on four areas of designated City
property during the International Street Faire. Cost per parking stall or per vehicle will
be $10.00.
ACTION: Modified Agreement with the City of Orange Public Library Foundation to
operate pay parking lots at S 1 0.00 per parking stall or per vehicle in four areas of
designated City property during the 2005 International Street Faire.
FISCAL IMPACT: Because the Library Foundation will reimburse the City for staff
costs (if any) associated with the use of the parking lots as a fundraiser, there is no fiscal
impact.
3.6 Employment Agreement with the City Manager John Sibley. (A2100.0 Agr-4707.A)
SUMMARY: The City Council has appointed John Sibley as the City Manager and
directed the preparation of a contract with a one-year term. The agreement would cover
Mr. Sibley's employment during his first year as the City Manager.
ACTION: Approved Agreement for Employment of City Manager; with the language
change recommended in the City Attorney's August 9th memo on this item; and
authorized Finance Department to transfer necessary funds from the Non-Departmental
Activity's budget to the City Manager's budget for fiscal year 2005-06.
FISCAL IMPACT: Sufficient funds are budgeted in the Non-Departmental Activity's
budget to fund the increase for fiscal year 2005-06. The contract would increase Mr.
Sibley's salary by $846 per month from $14,354 per month to $15,200 per month
($10,152 annually) and provide him with annual deferred compensation of$12,000.
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3. CONSENT CALENDAR (Continued)
APPROPRlA T10NS
3.7 Appropriation of Revenue to the Ride Share / Health Fair. (C2500.J.4.22)
SUMMARY: Staff is requesting an appropriation of $5,000 in forfeited employee funds
from the Flexible Spending Account (FSA) of the City's Section 125 plan to supplement
the costs of the annual Employee Ride Share/Health Fair.
NOTE: Councilmember Ambriz asked for this item to be continued.
ACTION: Continued to no date certain.
FISCAL IMPACT: No fiscal impact. The $5,000 is funded by forfeited employee funds
from the City's Flexible Spending Account.
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. Michael Vincent Jackson
b. Seth Frank
c. Roger Mujica
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.9 Award of RFP No. 045-54 to Curbside Inc. for Door-to-Door Used Oil Collection
and Recycling. (A2100.0 Agr-2224.I.E)
SUMMARY: The City has been operating a successful door-to-door used oil collection
program since 1996 using Used Oil Block Grant funds under the California Oil Recycling
Enhancement Act. The contract with Curbside Inc. to provide the collection and related
services expired on June 30, 2005, and was amended to allow uninterrupted continuation
of the collection program until the bid is awarded. This new agreement terminates on
June 30, 2006, and is in an amount not to exceed the combined total of the 9th, 10th, and
11 th Cycle grant funds, or approximately $109,752.
ACTION: Awarded RFP No. 045-54 to Curbside Inc. and authorized Mayor and City
Clerk to execute on behalf of the City.
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3.
CONSENT CALENDAR (Continued)
FISCAL IMPACT: This program is funded entirely by grant funds from the California
Integrated Waste Management Board. Funds are available in the following accounts:
220-5022-4271 00-5004
220-5022-427100-5005
220-5022-427100-5006
$37,527 (FY 03/04 9th Cycle Used Oil Block Grant)
536,900 (FY 04/05 10th Cycle Used Oil Block Grant)
$35,325 (FY 05/06 11 th Cycle Used Oil Block Grant)
3.10
Final Acceptance of Bid No. 045-42; SP-3514; Women's Restroom Remodel at City
of Orange Civic Center Public Works Building and authorization to file Notice of
Completion with the County Recorder (No staff report required). (Agr-4668)
SUMMARY: Bid No. 045-42; SP-35l4; Women's Restroom Remodel at City of Orange
Civic Center Public Works Building. The contractor on said job was De La Secura, Inc.
dba DLS Builders.
ACTION: Accepted public work improvements, authorized release of Arch Insurance
Company of Missouri, Bond No. SU 5014593, in the amount of $40,195.00 and
authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
EXPENDITURES
(REMOVED AND HEARD SEPARATELY)
3.11
Funding for California Insurance Pool Authority to retain Claims Management
Services, a subsidiary of the State Fund Insurance, to provide Third Party
Administration services for the City's Workers' Compensation Benefit
Program.(A2100.0 Agr-0233.D.l)
SUMMARY: The City is a member of the California Insurance Pool Authority, (CIPA) a
joint powers authority, along with nine additional cities. In creating CIPA, the member
cities authorized CIP A to negotiate contracts and provide other administrative services in
connection with the member cities' Workers' Compensation program. CIPA in turn has
contracted with Claims Management Services to administrate and manage Workers'
Compensation claims for 4 of the 10 CIP A cities, which include, Orange, Irvine, Laguna
Beach and Tustin. Claims Management Services is the current administrator and has
provided CIP A with a favorable extension of the contract for another three years. City
Council authority is necessary to appropriate the funds to pay the City's pro rata share of
the cost of the contract.
Discussion - In response to questions from Mayor pro tem Cavecche, Mr. Glenn
Newson, Risk Manager, explained the fees paid to Claims Management Services (CMS)
are based on the amount of activity generated by City claims and the number of CMS
employees needed to investigate claims; and that other cities not in the Joint Powers
Authority use third party administrators as well.
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3. CONSENT CALENDAR (Continued)
Mayor pro tem Cavecche asked for a report back on further questions relating to
Workers' Compensation issues, including how many claims the City handled per year;
how much money is spent yearly; does the City have incentive programs in place to
lower claims occurring; who conducts safety meetings for each department; what does
the return-to-work program consist of; what kind of modified work programs are
available; and what the premiums would be if the City were a private business compared
to the Joint Powers Authority costs. She asked for a comparison of these issues to other
similar cities.
MOTION - Cavecche
SECOND - Murphy
AYES - Ambriz, Murphy, Cavecche, Dumitru
ABSENT - Smith
ACTION: Approved the expenditure of funds to pay the City's pro rata share of the
contract between CIP A and Claims Management Services for the next three years.
FISCAL IMPACT: The cost to the City for the next three years will total $302,136.
Adequate funds are available in Fund 730-1412-432302 Workers' Compensation
Administration.
RESOLUTIONS
3.12 RESOLUTION NO. 9995 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2005-02 combining two parcels of certain real property situated at 481 South Center
Street in the City of Orange, County of Orange, State of California.
Owner: Kenneth O. Kizziar
ACTION: Approved.
3.13 RESOLUTION NO. 9996 (C2500.P)
A Resolution of the City Council of the City of Orange expressing appreciation to Linnea
A. Felthaus of the Public Works Department Water Division for more than 30 years of
loyal and dedicated service.
ACTION: Approved.
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3.
CONSENT CALENDAR (Continued)
3.14
RESOLUTION NO. 9997 (C2500.J.4.3)
A Resolution of the City Council of the City of Orange Establishing a Letter of
Understanding Between the City of Orange and the Orange City Fire Fighters, Local
2384, International Association of Fire Fighters, AFL-CIO Effective July I, 2005 through
February 29, 2008.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.15 RESOLUTION NO. 9998 (C2500.N)
A Resolution of the City Council of the City of Orange expressing appreciation to
Gabriel Paul Garcia of the Community Services Department for his I5 years of loyal and
dedicated service.
The City Council recognized and thanked Gabe Garcia for his years of service to Orange.
MOTION - Murphy
SECOND - Ambriz
A YES - Ambriz, Murphy, Cavecche, Dumitru
ABSENT - Smith
ACTION: Approved.
MOTION - Ambriz
SECOND - Cavecche
AYES - Ambriz, Murphy, Cavecche, Dumitru
ABSENT - Smith
Items 3.4, 3.11 and 3.15 were removed and heard separately; Item 3.7 was continued to
no date certain; Item 3.6 was approved with a language change to the agreement as
proposed by the City Attorney. All other items on the Consent Calendar were approved
as recommended.
END OF CONSENT CALENDAR
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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.
9. LEGAL AFFAIRS - None.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:10 p.m.
Note: The City Council did not meet in Closed Session.
The City Council will recess to a Closed Session for the following purposes:
a. Conference with legal counsel - existing litigation, pursuant to Government Code Section
54956.9:
City of Orange v. JeffHambarian, Case No. OCSC 807419
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.
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7:00 P.M. SESSION
12. PUBLIC COMMENTS
Vonda Barela, Cully Drive, spoke on the proposed General Plan and its effect on Cully Drive.
13. PUBLIC HEARINGS
13.1 TRANSPORTATION SYSTEMS IMPROVEMENT PROGRAM (A2500.0)
Time set for public hearing to consider adoption of a resolution increasing the existing
Transportation Systems Improvement Program (TSIP) fees by 9.8% for all three fee areas.
Traffic Engineer, Tom Mahood explained various product cost increases, adding that the City's
street rehabilitation program costs this past year were used to determine the 9.8% fee increase.
He added that the Building Industry Association (BlA), the Chamber of Commerce, businesses
and major developers were notified of this issue.
City Manager, John Sibley added that the BIA indicated that their Governmental Affairs
Committee would be reviewing the increases, and would notify the City if there were any
concerns. No communication had been received from the BIA.
MA YOR MURPHY OPENED THE PUBLIC HEARING.
There were no speakers.
MAYOR MURPHY CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 9979
A Resolution of the City Council of the City of Orange updating fees for the Transportation
Systems Improvement Program and amending and revising the Master Schedule of Fees and
Charges as authorized by Orange Municipal Code Chapter 3.10 pertaining to said fees.
MOTION - Ambriz
SECOND - Cavecche
A YES - Ambriz, Murphy, Cavecche, Dumitru
ABSENT - Smith
Moved to approve Resolution No. 9979.
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13. PUBLIC HEARINGS (Continued)
13.2 ORDINANCE 11-05 - REGULATING EXPIRATION OF CONDITIONAL USE
PERMITS. (A2500.0 Ord-11-05)
Time set for public hearing to consider a proposal to amend the Orange Municipal Code
regulating the expiration of Conditional Use Permits.
ORDINANCE NO. 11-05 (FIRST READING)
An Ordinance of the City Council of the City of Orange amending Section 17.10.030(I) of the
Orange Municipal Code regulating the expiration of conditional use permits.
Staff requested this item be continued for further study.
MOTION - Cavecche
SECOND - Dumitru
A YES - Ambriz, Murphy, Cavecche, Dumitru
ABSENT - Smith
Moved to continue to August 23, 2005 at the 4:30 Session.
14. PLANNING AND ENVIRONMENT
14.1 Consideration of an appeal of the City Traffic Commission's action to deny the
installation of a STOP Control and red curb markings at the intersection of Pearl Street
and Quail Lane. (A4000.0)
SUMMARY: The proponent, Matt Walker, is appealing the City Traffic Commission's action
to deny red curb markings on both sides of Pearl Street and to deny the installation of an
unwarranted Stop control and the installation of an excessive amount ofred curb.
Reason for Appeal:
1. "With cars parked on each side of the street there is less than one foot for two vehicles to
safely pass;
2. Vehicles are routinely driven too fast coming off of Cannon and in their haste, they tend to
cut the comer at Pearl/Quail. Between parked cars, vehicles and service trucks, there's not
enough room to safely pass or enough time or space to avoid accidents;
3. There is a lot of pedestrian traffic from children playing, walking dogs, etc.;
4. Within the past year there have been several near-miss accidents between vehicles and
pedestrians."
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14. PLANNING AND ENVIRONMENT (Continued)
Discussion - Traffic Engineer, Tom Mahood explained that this intersection is not controlled and
that traffic studies have indicated no problems with the exception of a few complaints received
regarding parking. He informed the Council that the appellant did not attend the Traffic
Commission hearing; nor was the Appellant present for this matter.
MAYOR MURPHY OPENED THE PUBLIC HEARING.
Note: The Appellant was not present.
Richard Nelson, Quail Lane, spoke in opposition to the Appeal; and submitted a petition signed
by 26 families in the neighborhood.
MAYOR MURPHY CLOSED THE PUBLIC HEARING.
Mayor Murphy noted it was unfortunate that the Appellant asked for a hearing and then chose
not to participate.
MOTION - Cavecche
SECOND - Murphy
AYES - Ambriz, Murphy, Cavecche, Dumitru
ABSENT - Smith
Motion to deny the appeal, upholding the decision of the Traffic Commission.
15. ADJOURNMENT
The City Council adjourned at 7:20 p.m. The next Regular City Council meeting is scheduled
for August 23, 2005.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular
meeting of August 9, 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 of the
public at least 72 hours before commencement of said regular meeting; and available at the Civic
Center City Clerk's Office.
{
!L~~.
MA . MURPHY
ciTY CLERK
IJfJ :jll~PHY
MAYOR
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