3/14/2006 - Council Minutes - CC Minutes Reg Meeting
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APPROVED BY THE CITY COUNCIL ON MARCH 28, 2006
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING March 14,2006
The City Council of the City of Orange, California convened on March 14, 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 Pastor Frank Riley, River 47 Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Steve Ambriz
1.3 ROLL CALL
PRESENT
ABSENT
- Smith, Ambriz, Murphy, Cavecche, Dumitru
- None.
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Mayor Murphy announced the Senior Center Friendly Fundraiser benefit to occur on
March 22, from 5:30 - 7:30 at Pat & Oscar's Restaurant.
Mayor Murphy announced the 8th Annual Penny Drive sponsored by Orange High School
to benefit the National Lymphoma Society, beginning with an event at Norm's
Restaurant on May 18.
2. PUBLIC COMMENTS
Mr. Mark Ferguson, Silverado, spoke on two Non-Disposal facilities in the Orange
Sphere ofInfluence.
Mr. Ray Bermudez, Santa Ana, spoke on behalf of 500 swap meet vendors against the
Orange Drive In swap meet closure; and requested assistance from the City to obtain an
extension, giving them time to organize and relocate.
Ms. Christina Gnerrero, Montebello, spoke against the closure of the swap meet.
Mr. Pablo Hernandez, Santa Ana, spoke on the day laborers and illegal immigration
Issues.
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Mareh 14,2006
2. PUBLIC COMMENTS (Continued)
Mayor Murphy announced that in April, 2005 a notieed publie hearing was held on the
Arehstone Development to develop the property where the Orange Drive In Swap Meet is
held. Public comments were received, including only one person speaking in opposition
to the project. He indicated that the project received approval and that the City has no
jurisdiction over the agreement between the property owners and the tenants.
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 February 16 and 23, 2006.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, February 28, 2006.
ACTION:
Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.4 Agreement for FOG Inspection Services by and between the City of Orange and the
Orange County Sanitation District for certain inspection services related to the
discharge of fats, oils, and grease (FOG) at food service establishments. (A2100.0
Agr-4159.B)
SUMMARY: This agreement with Orange County Sanitation District (OCSD) will
provide certain inspection serviees for food service establishments (FSE) related to fats,
oils and grease.
ACTION: Approved Agreement for Fats, Oils and Grease (FOG) Inspection Services
and authorized the Mayor and City Clerk to execute the agreement with OCSD.
FISCAL IMPACT: Sufficient funds have been budgeted in the amount of $19,340
utilizing Sanitation Funds in Account No. 220-5022-427100 (Contractual Services).
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3. CONSENT CALENDAR (Continued)
3.5
Appropriation of funds and approval of Amendment No.1 to Consultant Services
Agreement No. 4738 with Joseph C. Truxaw and Associates for additional
Engineering Design Services for Project No. SP-3233, Cannon Street Realignment
and Widening. (A2100.0 Agr-4738.1)
SUMMARY: Amendment No. I will increase the scope of work to be complctcd by
Joseph C. Truxaw and Associates, Inc., to include the preparation of a Precise Alignment
Study, additional roadway plans, signing and striping plans, signal plans, field surveying,
and additional environmental investigations and report preparation for the Mitigated
Negative Declaration (MND) document for the realignment and widening of Cannon
Street.
An update of the Combined Transportation Funding Program (CTFP), increased the
Interseetion Improvement Program (lIP) funding for this projeet by $52,332. It is
recommended these additional funds be appropriated to the project account.
ACTION: I) Appropriated $52,332 from 550-5011-264900-3427 (CTFP Revenue) to
550-5011-483300-3427 (Cannon Street Realignment); and 2) Approved Amendment No.
I to the existing Joseph C. Truxaw and Associates, Inc., Consultant Services Agreement,
increasing the eontract amount by $33,850.00; and 3) Authorized the Mayor and City
Clerk to execute the Amendment on behalf of the City.
FISCAL IMP ACT: Upon appropriation, funds will be available in the following
aceounts:
262-5011-483300-3427
550-5011-483300-3427
$ 5,692.05
$52,332.00
Cannon Street Realignment
Cannon Street Realignment
3.6
Approve First Amendment to Attorney Services Agreement with the Law Firm of
Rutan & Tucker to provide legal services in relation to defending a CEQA challenge
filed against the City's approval of the The Irvine Company residential development
in East Orange. (A2100.0 Agr-4798.1)
SUMMARY: The Sierra Club has filed a legal challenge to the City's approval of The
Irvine Company's residential development in East Orange. Rutan & Tueker were
retained to provide the defense for the City. The Irvine Company, a co-defendant, has
retained its own counsel. The proposed First Amendment would increase the not-to-
exceed amount from $30,000 to $150,000.
ACTION: Approved and authorized the Mayor and City Clerk to execute the First
Amendment to Agreement with Rutan and Tueker, LLP.
FISCAL IMPACT: None. Pursuant to conditions contained in the City's approval, The
Irvine Company is ultimately obligated to pay the attorney's fees.
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March 14,2006
3. CONSENT CALENDAR (Continued)
3.7 FY 2005 Edward Byrne Memorial Justice Assistance Grant (JAG).
(A2100.0 Agr-4854)
SUMMARY: The U.S. Department of Justice made funds available under the FY 2005
JAG Program. On March 31, 2005, all Orange County cities and the County submitted a
joint application. The total joint award amount was $849,986, of which the City of
Orange received $35,644. The County of Orange is requesting approval of an agreement
that allocates the City's 2005 JAG funds as follows: $14,258 to the Orange County
ProActive Methamphetamine Laboratory Task Force (PROACT), $178 to the County for
administrative fees and $21,208 for the purchase of Fire Arm Training Simulator (FATS)
program equipment and software.
ACTION: I) Authorized the City Manager or his designee to execute the agreement
between the City and the County of Orange for FY 2005 JAG funds; 2) Appropriated
$21,208 to account 353-401l-471301-2253 (Police Equipment-2005 JAG) for the
purchase of FATS program equipment and software; and 3) Amended the FY 2005-06
Revenue Budget to reflect the receipt of the $21,208 grant revenue to account No. 353-
4011-264500-2253.
FISCAL IMPACT: There is no fiscal impact to the Federal Police Grant fund as the
appropriation is offset by grant revenue. After appropriation, funds will be available in
the Administration Program budget for the JAG grant as follows:
353-401l-471301-2253 $21,208 Equipment
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. Maricruz Gutierrez
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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3. CONSENT CALENDAR (Continued)
CONTRACTS
3.9
Final Acceptance of a certain public work and improvement; Bid No. 045-02, Re-
painting of Traffic Signal Indications and Controller Cabinets from Southwest
Coatings, Inc. (No staff report required). (A2100.0 Agr-4552)
SUMMARY: Southwest Coatings, Inc. was awarded a contract on September 24, 2004
to re-paint traffic signal indications and controller cabinets. Phase One was in the
amount of $134,000. and provided for the painting of equipment at 90 intersections. out
The contract that was amended September 12, 2005 was for $84,000 (Phase Two) and
closed the project with an additional 35 intersections. The final cost of the project
including the amended contract was $218,000.
ACTION: Accepted public works improvement, authorized release of retention funds,
and authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None.
3.10 Award of Contract - Bid No. 056-16; SP-3544 Rehabilitation of Miscellaneous City
Streets Under The Transportation Congestion Relief Funds (TCRF) Program, FY
2005-06. (A2100.0 Agr-4853)
SUMMARY: The bids were opened on February 9, 2006. Seven (7) bidders responded
to the invitation for bids. The apparent low bidder is All American Asphalt, for
$561,561.00. The Engineer's Estimate is $574,730.00.
ACTION: Awarded a contract in the amount of $561,561.00 to All American Asphalt,
P.O. Box 2229 Corona, CA 92878-2229, and authorized the Mayor and City Clerk to
execute the contract on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and available in the Capital Improvement
Program in the following account:
340-5011-483300-3116 $575,667 (Traffic Congestion Relief Funds)
3.11 Approve Contract Change Orders Nos. 1 and 2 for Bid No. 045-47 - Waterline
Renewal for 700 E. Taft Avenue. (A2100.0 Agr-4725)
SUMMARY: These contract change orders are the result of changes in the field. The
first change order reduced the amount of pipe by approximately 1,000 feet resulting in a
credit to the City of $68,101.00. The second change order is due to unforeseeable
obstructions and changes during the course of construction resulting in increased costs of
$58,171.45. The net result of these two change orders is a reduction in the cost of the
project in the amount of$9,929.55.
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3. CONSENT CALENDAR (Continued)
ACTION: Approved the following Contract Change Orders and authorized the Mayor
and City Clerk to execute on behalf of the City:
Contract Change Order No. I: Credit in the amount of$68,101.00 due to the reduction in
total length of pro posed water main;
Contract Change Order No.2: In the amount of $58, 171.45 to John T. Malloy, Inc., 3032
Bandini Blvd., Los Angeles, CA 90023.
FISCAL IMP ACT: Funds are budgeted and are available in the following account:
601-8041-484501-8400 $195,040.00 Pipeline Renewal Materials
PARKING
3.12 Approval of NO FEE parking permits in Municipal Parking Lot J [So Orange St.]
for the Assistance League of Orange (10) and First United Methodist Church (2);
Third World Gifts and Handarts (3) and Orange Elderly Services (4) would utilize
parking in Municipal Parking Lot E [N. Olive St.]. (S4000.S.3.1.2)
SUMMARY: The Assistance League of Orange, Third World Gifts and Handarts, First
United Methodist Church and Orange Elderly Services are requesting issuance of NO
FEE parking permits to accommodate their charitable medical and community activities.
This request is reviewed annually by the City Council.
ACTION: Approved the request and issue the parking permits, valid July I, 2006 thru
June 30, 2007.
FISCAL IMP ACT: Loss of $6,840 annual parking permit fees.
QUITCLAIM
3.13 Quitclaim of an abandoned 20 foot wide easement for sanitary sewer and domestic
water line and incidental purposes located north of Chapman Avenue and east of
Rampart Street. (D4000.0)
SUMMARY: This sanitary sewer and domestic water line easement has been relocated
to another dedicated location on the property. The easement area is now included as part
of a new condominium project that is currently under construction.
ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to Orange
Apartments Holdings, LLC, the owner of the property.
FISCAL IMP ACT: A $500.00 processing fee has been paid.
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March 14,2006
3. CONSENT CALENDAR (Continued)
SPECIAL EVENTS
3.14 A proposal to use the Community Services Van, Unit 1145 in the Baker to Vegas
Relay Race. (C2500.K)
SUMMARY: The Baker to Vegas Relay Race is a competitive running event that covers
120 miles. What began as a competition between the Los Angeles Police Department
and the Los Angeles County Sheriffs Department has grown into an event for law
enforcement agencies nationwide. The Orange Police Department has participated in this
event for over 13 years.
ACTION: Approved the use of Community Services Van Unit 1145, and gas, as a follow
vehicle during the Baker to Vegas Relay Race, March 30 through April 3, 2006.
FISCAL IMP ACT: The department will pay all gasoline costs from Account No. 100-
4011-447500, Administration-Outside Motor Vehicle Service.
RESOLUTIONS
3.15 RESOLUTION NO. 10067 (S4000.SA)
A Resolution of the City Council of the City of Orange temporarily closing sections of
public streets for approved special events.
DATE
September 1-4, 2006
October 26, 2006
December 2-3,2006
April 22, 2007
DATE
April 30, 2006
November 2-4, 2006
November II, 2006
DATE
October 26, 2006
December 2-3, 2006
EVENT - PLAZA CLOSURE
Int'l. Street Fair - Int'l. Street Fair Committee
Treats In The Streets - Community Services
Tree Lighting & Candlelight Choir Procession
Charity Car Show - Orange Sunrise Rotary
EVENT - STREET CLOSURE
Datsun Z-Car Show, Motorsport Industries - Collins Ave.
St. John's Annual Family Fall Festival- Shaffer Street
Veterans Day Celebration - Atchison Street
EVENT - PARKING REMOVAL
Treats In The Streets - Southeast Quadrant of Plaza
Tree Lighting Ceremony & Candlelight Choir Procession -
Northeast Quadrant of Plaza
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March 14, 2006
3. CONSENT CALENDAR (Continued)
DATE
April 19, 2006
EVENT - SUSPEND PERMIT PARKING
Orange High School- Orange Blossom Festival-
Chapman Univ. Neighborhood Permit Parking Area
Orange High School Baccalaureate & Graduation
Chapman Univ. Neighborhood Permit Parking Area
July 3rd Celebration - Permit Parking Areas D & G
Int'l. Street Fair - Chapman Univ. Neighborhood Pkg Area
Chapman Univ. American Celebration -
Chapman Univ. Neighborhood Permit Parking Area
EVENT - CLOSURE OF MUNICIPAL PKG. LOT
Int'l. Street Fair - Municipal Lots J & K
June II & 15,2006
July 3, 2006
September 1-4, 2006
November 3-4, 2006
DATE
September 1-4, 2006
ACTION: Approved.
MOTION - Ambriz
SECOND - Smith
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
All 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
6.1 Report from the Public Works Director/City Engineer on the City Traffic
Commission's Annual Activity Report. (ORI800.0.19)
SUMMARY: This report represents the issues reviewed and acted upon by the City Traffic
Commission in the last year.
MOTION - Ambriz
SECOND - Cavecche
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
ACTION: Received and Filed report.
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7. ADMINISTRATIVE REPORTS
7.1 Report from City Attorney - Fourth Amendment to Attorney Services Agreement
with the Law Firm of Rutan & Tucker, LLP to provide legal services related to the lawsuit
against Jeff Hambarian and others. (A2100.0 Agr-3184.A.4)
SUMMARY: The City has retained the law firm of Rutan & Tucker to prosecute the City's civil
case against Jeff Hambarian and other defendants relating to the City's allegations that prior to
1998, such defendants defrauded the City and its ratepayers in connection with the provision of
trash collection, recycling and disposal services. Rutan & Tucker was first retained in 1999. In
2001 the City Council amended the agreement increasing the not-to-exceed amollnt to 5750,000.
That amount is about to be exceeded. The proposed amendment would increase the not-to-
exceed amount to $950,000.
MOTION - Ambriz
SECOND - Smith
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve and authorize the Mayor and City Clerk to execute the Fourth Amendment to
Agreement with Rutan & Tucker, LLP and approve appropriation from the unreserved balance of
the Solid Waste Fund 222 to Account No. 222-5022-426100 (legal services).
FISCAL IMP ACT: The legal fees are being paid out of the sanitation fund, which in turn is
funded by proceeds from the City's 1999 settlement with Orange Disposal Services and Orange
Resource Recovery Services. Funds will be available in the Solid Waste Fund Account No. 222-
5022-426100 (legal services) after the appropriation.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO.4-06 (SECOND READING) (A2500.0 Ord-04-06 Parking)
An Ordinance of the City Council of the City of Orange amending Section 17.14.090 of the
Orange Municipal Code regulating the parking and storage ofrecreational vehicles.
MOTION - Dumitru
SECOND - Cavecche
AYES - Smith, Cavecche, Dumitru
NOES - Ambriz, Murphy
Moved that Ordinance No. 4-06 be read by title only and same was approved and adopted by the
preceding vote.
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9. LEGAL AFFAIRS
9.2 ORDINANCE NO. 5-06 (SECOND READING) (ZI500.0 ZCG-1231-05)
An Ordinance of the City Council of the City of Orange approving the reclassification of
property generally located at 1545 North Glassell Street from Unzoned to RO (Recreation and
Open Space).
Zone Change 1231-05
Applicant: Todd Flammer
MOTION - Ambriz
SECOND - Smith
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved that Ordinance No. 5-06 be read by title only and same was approved and adopted by the
preceding vote.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
NOTE: The City Council did not recess.
The City Council will recess to a Closed Session for the following purposes:
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.
12. ADJOURNMENT
The City Council adjourned at 4:55 p.m. to an Adjourned Regular Meeting, Study Session, on
Tuesday, March 21 at 5:00 p.m. in the Weimer Room, to review 2006-2007 Budget Goals and
Workplans.
There is no 7:00 p.m. Session scheduled.
Declaralion of Cily Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular rneeling of March
14, 2006 al Orange Civic Center kiosk, Police facilily at 1107 North Batavia, Shaffer Park; all of said localions being
in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said
regular meeting.
{ltl~L~~
M. E. MURP!'tY-
CIT CLERK
fJ1 J :;;'RK~~
MAYOR
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