1/10/2006 - Council Minutes - CC Minutes Reg Meeting
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APPROVED BY THE CITY COUNCIL ON JANUARY 24, 2006
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING January 10, 2006
The City Council of the City of Orange, California convened on January 10, 2006 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 Irma Hernandez, Senior Assistant to the City Manager
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Jon Dumitru
1.3 ROLL CALL
PRESENT -
ABSENT -
Smith, Ambriz, Cavecche, Dumitru
Murphy
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Invitation from Brad Elder, Orange YMCA Longhouse Chief - Challenge to the Mayor
and Councilmembers to participate in the Indian 500 Chiefs Race, at II :30 a.m. on
Saturday, February 4th at The Village at Orange.
Presentation by Police Chief Bob Gustafson recognizing the City of Orange 2005 United
Way fundraising campaign.
Recognition given to Rick Cryder, recipient of the Nation's Volunteer of the Day Award
through the Points of Light Foundation.
Council thanked Nora Jacob, Library Director, for the Main Library Expansion Topping
Off Ceremony on Saturday, January 7th.
2.
PUBLIC COMMENTS - None.
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CITY COUNCIL MINUTES
January 10, 2006
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 December 8, 15, 22, and
29, 2005.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, December 13, 2005.
(C2500.D.4)
ACTION:
Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
3.4 Receive and file the City Treasurer's Report, period ending November 30,2005.
(C2500.F)
ACTION:
Approved.
3.5 Receive and file the City's audited financial statements and related financial reports
for the fiscal year ended June 30, 2005..(C2500.J.1.3)
ACTION:
Approved.
3.6 Submittal of Annual Financial Reports for Development Impact Fees.
(C2500.J.1.0.1 )
ACTION:
Received and Filed.
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3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.7
Approve an agreement with Chapman University for master metering of water
services to Chapman University main campus. (A2100.0 Agr-4826)
SUMMARY: This agreement defines responsibilities and associated maintenance of
master metering water services to Chapman University's main campus along with
relinquishing easements no longer needed by the City to serve the University.
ACTION: Approved the agreement and authorize the Mayor and the City Clerk to
execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and are available in the following accounts:
600-8041-474700 Meters $14,000.00
600-8041-474501 Backflow Devices $ 6,000.00
BIDS
3.8 Final Acceptance of Bid No. 056-05; SP 3526; Annual Service Contract for Concrete
Replacement at Various Locations, FY 2005-06 and authorization to file Notice of
Completion with the County Recorder (No staff report reQuired). (A2100.0 Agr-
4741)
SUMMARY: Bid No. 056-05; SP-3526; Annual Service Contract for Concrete
Replacement at various locations, FY 2005-06. Staff recommends acceptance of
improvements. The contractor on said job was Kalban, Inc.
ACTION: Accepted public work improvements, authorized release ofIntemational Fidelity
Insurance Company of New Jersey, Bond No. 0409971 in the amount of $394,875.00 and
authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
3.9
Final Acceptance of Bid No. 056-07; SP-3529; Slurry Seal at Various Locations, FY
2005-06 and authorization to file Notice of Completion with the County Recorder
(No staff report reQuired). (A2100.0 Agr-4752)
SUMMARY: Bid No. 056-07; SP-3529; Slurry Seal at various locations, FY 2005-06.
Staff recommends acceptance of improvements. The contractor on said job was
American Asphalt South, Inc.
ACTION: Accepted public work improvements, authorized release of International
Fidelity Insurance Company of New Jersey, Bond No. 0411603 in the amount of
$254,872.68 and authorized the Mayor and City Clerk to execute the Notice of
Completion.
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January 10, 2006
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: None.
3.10 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. Roy Torres
b. Southern California Edison - Incident date 11-28-04
c. Olga Vanzhula
d. Automobile Club as subrogee of Flora-Lee Wray
e. Margaret and Curtis Wallace
ACTION: Denied Claim(s) for damages and refer to City Attorney and Adjuster.
CONTRACTS
3.11 Contract Change Order No.1 to General Pump Company of San Dimas, CA 91773
for Well No. 22 Rehabilitation, Bid No. 056-03. (A2100.0 Agr-4736)
SUMMARY: In September 2005, the City of Orange entered into a contract with
General Pump Company to rehabilitate Well No. 22. After pulling the pump and motor,
it is recommended that the pump and motor be repaired prior to reinstallation.
ACTION: I) Transferred $20,927.37 from Water Capital Project Account No. 601-
8011-484102-8219 to Well Rehabilitation Account No. 600-8011-484101-8214; and
2) Approved Contract Change Order No. I in the amount of$30,127.37 to General Pump
Company for additional work.
FISCAL IMP ACT: Available funding for this project with the recommended transfer is:
600-8011-484101-8214 $30,127.37 Well Rehabilitation
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3. CONSENT CALENDAR (Continued)
APPROPRIATIONS
(REMOVED AND HEARD SEPARATELY)
3.12 Request for appropriation of funds to remove the existing tot lot equipment at
KilIefer Park, which will be replaced through a grant from the KaBOOM!
Organization. (C2500.M.4.8)
SUMMARY: The City of Orange and the Friendly Center, a local 50lc3 non-profit,
have jointly received a playground grant from the KaBOOMI Organization to replacc the
existing tot lot equipment at KiIlefer Park. The City is responsible for removing the
existing equipment and preparing the site for the new installation.
Councilmember Ambriz commented on the great work of the KaBOOM organization and
how this will provide a playground at no cost to the City; and thanked the City Manager
and Community Services stafffor coordinating this event.
MOTION - Ambriz
SECOND - Dumitru
AYES - Smith, Ambriz, Cavecche, Dumitru
ABSENT - Murphy
ACTION: Transferred $12,200 from unappropriated reserves Fund 511 to 511-7021-
481302-0403 (Killefer Playground Equipment).
FISCAL IMPACT: After the appropriation transfer, sufficient funds wiIl exist in the
following account: 511-7021-481302-0403 (Killefer Playground Equipment) $12,200
RESOLUTIONS
3.13 RESOLUTION NO. 10055 (C2500.K)
A Resolution of the City Council of the City of Orange expressing appreciation to
Sergeant David S. Alton of the Orange Police Department and commending him for
twenty-three years of dedicated service.
ACTION: Approved.
3.14
RESOLUTION NO. 10057 (C2500.G.2.0)
A Resolution of the City Council of the City of Orange expressing appreciation to Stan
Soo-Hoo of the Community Development Department for over twenty-two years of loyal
and dedicated service to the City of Orange.
ACTION: Approved.
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3. CONSENT CALENDAR (Continued)
MOTION - Dumitru
SECOND - Smith
AYES - Smith, Ambriz, Cavecche, Dumitru
ABSENT - Murphy
Item 3.12 was removed and heard separately. All other items were approved as
recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR MURPHY - None.
5. REPORTS FROM COUNCIL MEMBERS
5.1 Councilmember Smith - request staff to provide a status report on Quiet Zones.
(T2200.1.4)
Councilmember Smith commented that a report on Quiet Zones had been provided several
months ago, but that more information needs to be provided in order to continue a discussion on
rail safety and Quiet Zones. She suggested the report include information such as proposed
OCT A funding; new housing being developed near the Depot; both the pros and cons of Quiet
Zones; liability issues; cost projections; regulations for driveways adjacent to Quiet Zones; and
the possible use of grants. She noted that this will not be a final report, but rather a
continuation of this issue.
City Manager John Sibley stated staffwiJl provide a comprehensive and consolidated report; and
can return to Council with that report in approximately 60 days.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS - None.
8. REPORTS FROM CITY MANAGER - None.
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9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 19-05 (SECOND READING) (C2500.M.4.20)
An Ordinance of the City Council of the City of Orange approving the reclassification of
property generally located at the northwest corner of McPherson Road and Spring Street, west of
Grijalva Park and east of Santiago Creek, from SG (Sand and Gravel extraction District) and R-
1-7 (Single Family Residential) to RO (Recreation and Open Space)
Zone Change 1233-05
Applicant: City of Orange
MOTION - Ambriz
SECOND - Smith
A YES - Smith, Ambriz, Cavecche, Dumitru
ABSENT - Murphy
Ordinance No. 19-05 was read by title only and same was approved and adopted by the
preceding vote.
9.2 ORDINANCE NO. 17-05 (SECOND READING) (A2100.0 Agr-4818)
An Ordinance of the City Council of the City Of Orange approving an Amended and Restated
Development Agreement by and between the City of Orange and Orange City Mills Limited
Partnership, A Delaware Limited Partnership, for modification of previously approved expansion
uses for The Block At Orange on property generally located west of The City Drive between
Chapman Avenue and Metropolitan Drive.
City Attorney David DeBerry requested this item be continued to January 24th; and assured the
Council that this continuance would not delay the project.
MOTION - Smith
SECOND - Ambriz
A YES - Smith, Ambriz, Cavecche, Dumitru
ABSENT - Murphy
Moved to continue to January 24, 2005.
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January 10, 2006
9. LEGAL AFFAIRS
9.3 ORDINANCE NO. 20-05 (SECOND READING) (A2100.0 Agr-4545.1)
An Ordinance of the City Council of the City of Orange approving a First Amendment to
Development Agreement by and between the City of Orange and CA-The City Limited
Partnership for development projects on thc City Plaza Two Site and the 605 Building Site,
which arc located north of Metropolitan Drive and east of Lewis Street (605 S. Lewis Street and
One City Blvd. west).
MOTION - Ambriz
SECOND - Smith
A YES - Smith, Ambriz, Cavecche, Dumitru
ABSENT - Murphy
Ordinance No. 20-05 was read by title only and same was approved and adopted by the
preceding vote.
9.4 ORDINANCE NO. 2-06 (FIRST READING) (A2500.0 Ord-02-06 Public Works)
An Ordinance of the City Council of the City of Orange amending Chapter 12.02 of the Orangc
Municipal Code to adopt the 2006 Edition of the Standard Specifications for Public Works
Construction.
MOTION - Smith
SECOND - Dumitru
AYES - Smith, Ambriz, Cavecche, Dumitru
ABSENT - Murphy
Ordinance No. 2-06 was 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
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January 10,2006
11. RECESS TO CLOSED SESS10N
NOTE: The Council did not recess.
a. Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section
54956.9.
City of Orange v. JeffHambarian OCSC Case No. 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.
12. ADJOURNMENT
There was no 7:00 p.m. Session.
The City Council adjourned at 5:10 p.m. to an Adjourned Regular Meeting, Joint Study Session
with the Plauning Commission, on Tuesday, January 17, 2006 at 7:00 p.m. in the Council
Chambers for a report on the Comprehensive General Plan Update.
The next Regular Council meeting is scheduled for January 24,2006.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular
meeting of January 10, 2006 at Orange Civic Center 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.
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MARY-1f.MURPHY r-~
CITY CLERK \ .j
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