4/11/2006 - Council Minutes - CC Minutes Reg Meeting
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APPROVED BY THE CITY COUNCIL ON APRIL 25, 2006
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING April 1 1,2006
The City Council of the City of Orange, Cali fornia convened on April 11, 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 Danny Kurirnay, Zion Christian Center
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Carolyn Cavecche
1.3 ROLL CALL
PRESENT
ABSENT
- Smith, Ambriz, Murphy, Cavecche, Dumitru
- None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation from Wes Rose and Carter James of the Orange Jr. Soccer Club celebrating
the Club's 40th anniversary.
Proclamation honoring National Public Safety Telecommunications Week April 9-15
presented to City of Orange Police Dispatchers.
2. PUBLIC COMMENTS - None.
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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 separatc 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 March 16,23, and 30, 2006.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of March 28, 2006 (as
corrected), and Adjourned Regular Meeting of April 4,2006. (C2S00.D.4)
ACTION:
Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.4 Cooperative Agreement between the City of Orange and the County of Orange for
storm drain improvements on EarIham Street from Chapman Avenue to Pearl
Street. (A2100.0 Agr-4871)
SUMMARY: The Cooperative Agreement between the City of Orange and the County
of Orange establishes the funding and respective responsibilities of each agency for the
storm drain improvements on Earlham Street.
ACTION: Approved the Cooperative Agrcement and authorized the Mayor and City
Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted and available in the following account:
530-5011-483400-5106 $30,000 Misc. Storm Drain Reconstruction
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3. CONSENT CALENDAR (CONTINUED)
3.5
2004 Homeland Security Grant - County of Orange (acting through its lead agency,
the Orange County Sheriff-Coroner Department) Agreement to Transfer Property
or Funds to enhance countywide emergency preparedness. (A2100.0 Agr-4457.A)
SUMMARY: In 2004, the County of Orange (acting through its lead agency, thc Orange
County Sheriff-Coroner Department) applied for and was awarded $10,442,53 I in
Homeland Security Grant funds. The funds are to be used for Office of Domestic
Preparedness (ODP) training, and emergency preparedness equipment purchases that are
federally approved through the Department of Homeland Security.
This transfer agreement covers the items that have been purchased through the 2004
Homeland Security Grant and the upcoming services for the following items:
MIR3 - Automated Notification System;
Web EOC - Web based softwarc designed to help automate Emergency Operation Center
(EOC) activations;
Terrorism Liaison Officer (TLO) Program equipment and salary reimbursement;
Citizen Corp equipment/funds - The City of Orange will receive $3,634 in grant funds to
help supplement the Police Department's Volunteer and Neighborhood Watch Programs.
ACTION: Approved the Agreement between the City of Orange and the County of
Orange (acting through its lead agency, the Orange County Sheriff-Coroner Department)
and authorized the Mayor and the City Clerk to execute the agreement on behalf of the
City.
FISCAL IMP ACT: There is no fiscal impact to the City of Orange. The City of Orange
would only be accepting the transfer of certain grant funds, personal property or
equipment to be used for grant purposes.
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3. CONSENT CALENDAR (CONTINUED)
BIDS
3.6 Final acceptance of Bid No. 056-08; D-l5l; Hewes Street Storm Drain
Improvements from Washington Avenue to Marmon Avenue and authorization to
file Notice of Completion with the County Recorder (No staff report required).
(A2100.0 Agr-4789)
SUMMARY: Bid No. 045-50; D-151; Hewes street Storm Drain Improvements from
Washington Avenue to Marmon Avenue. The contractor on said job was Garcia Juarez
Construction, Inc.
ACTION: Accepted completion of work and improvements, and authorized release of
retention funds, and International Fidelity Insurance Company of New Jersey, Bond No.
0419815 in the amount of $323,230.00 and authorize the Mayor and City Clerk to
execute the Notice of Completion.
FISCAL IMPACT: None
(REMOVED AND HEARD SEPARATELY)
3. 7 Award of Bid for the Shaffer Park Picnic Shelter Replacement - Bid No. 056-35.
(A2100.0 Agr-4872)
SUMMARY: The bids for Shaffer Park Picnic Shelter Replacement were opened on
March 16,2006 and ten (10) formal bids were received for this project. The low bidder
was Hondo Company, Inc., 2121 South Lyon Street, Santa Ana, CA 92705, in the amount
of$168,740.
Discussion - In response to questions from Councilmember Dumitru, Bonnie Hagan,
Interim Community Services Director, noted that all bids received were outlined in the
Staff Report and that none were received from any businesses in Orange.
MOTION - Dumitru
SECOND - Ambriz
A YES Smith, Ambriz, Murphy, Cavecche, Dumitru
ACTION: Approved the Award of Bid No. 056-35 Shaffer Park Picnic Shelter
Replacement to Hondo Company, Inc. in the amount of $168,740; authorized the Mayor
and City Clerk to execute the contract on behalf of the City; and authorized an
appropriation of $70,000 from unreserved Fund 511 (Quimby) to 511-7021-481200-0121
(Shaffcr Park Renovation).
FISCAL IMPACT: Upon appropriation, sufficient funds are available in the following
accounts:
510-7021-481200-0121 (Shaffer Park Renovation)
511-7021-481200-0121 (Shaffer Park Renovation)
$121,000.00
$ 83,377.24
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3.
3.8
CONSENT CALENDAR (CONTINUED)
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. United States Postal Service
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
DONATIONS
3.9 Accept donation from B.P.O. Elks Lodge No. 1475 for the purchase of a new police
service dog for the Police Department's Canine Program. (C2500.K)
3.10
SUMMARY: B.P.O. Elks Lodgc No. 1475 donated $5,000 towards the purchase of a
new police service dog for the Orange Police Department's Canine Program.
ACTION: 1) Accepted the donation of $5,000 from B.P.O. Elks Lodge No. 1475 for
deposit into revenue account 100-4021-293900 (General Fund-Patrol); and 2)
Appropriated the $5,000 to account 100-4021-475100 (General Fund-Patrol-Other
Capital Outlay) for reimbursement of the purchase of a new police service dog.
FISCAL IMPACT: There will be no impact to the General Fund as funds have been
donated.
PERMIT PARKING
Request for temporary suspension of permit parking restrictions within Areas F
and I for a Special Event. (S4000.S.3.1.1)
SUMMARY: Orange Unified School District will host a Math Pentathlon at McPherson
Magnet School on April 22, 2006. Due to anticipated attendance it may be necessary to
park in the surrounding residential neighborhood, which restricts on-street parking except
by permit.
ACTION: Approved the request of Orange Unified School District and temporarily
suspend the permit parking restrictions within Areas F and I for a Math Pentathlon at
McPherson Magnet School on Saturday, April 22, 2006.
FISCAL IMP ACT: None.
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3. CONSENT CALENDAR (CONTINUED)
PURCHASES
3.11 Purchase of 62 recycled plastic lumber park benches from Coast Recreation, Inc.
through a State of California Department of Conservation grant. (C2500.M.4)
SUMMARY: As part of the Community Services Department's five-year Park Furniture
Replacement Program, the City will purchase 62 park benches. These benches are
manufactured with recycled plastic lumber and are funded through a State of California
Department of Conservation grant that is administered by the Public Works Department.
ACTION: Authorized the sole source purchase of park furniture from Coast Recreation,
Inc. in the amount of$53,170.10.
FISCAL IMPACT: Sufficient funds exist in the following accounts:
220-5022-4 71302-4911 (Furniture,Machinery/EquipmentReplacement)
220-5022-471302-4912 (Furniture, Machinery I Equipment Replacement)
$24,573.08
$28,597.02
RESOLUTIONS
3.12 RESOLUTION NO. 10078 (C2500.J.4.7)
A Resolution of the City Council of the City of Orange amending Resolution No. 9953
relating to the classification, compensation, and terms of employment for part-time and
seasonal employees.
ACTION: Approved, as amended.
MOTION - Ambriz
SECOND - Cavecche
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Item 3.7 was removed and heard separately. 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.
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6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7.
ADMINISTRATIVE REPORTS - None.
8.
REPORTS FROM CITY MANAGER
8.1 Presentation of the Mid-Year 2005-06 Budget Report which includes the period July
1,2005 through December 31, 2005. (C2500.Eo4)
SUMMARY: This Mid-Year Budget Report is intended to inform the City Council of
departmental performance for the first six months of the fiscal year, including progress toward
the achievement of departmental goals and completion of major capital improvement projects.
The report also summarizes the results of the City's financial operations.
Discussion
Councilmember Smith, in reviewing the goals of the Community Development Department,
stressed the importance of Training in the area of historic preservation. She also noted in the
goals of the Public Works Department, the monitoring of rail programs and pursuing grant
opportunities for improvements in rail crossing protection programs.
City Manager John Sibley noted that a status report on rail and rail crossing programs will be
brought to the City Council at the April 25th meeting.
MOTION - Ambriz
SECOND - Smith
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to receive and file the Mid-Year 2005-06 Budget Report.
8.2 FY 2005-06 Mid-Year Budget Adjustments. (C2500.Eo4)
SUMMARY: This mid-year report recommends certain appropriation increases and/or budget
adjustments. Information available at the time the 2005-06 fiscal year budget was being prepared
did not suggest a need for these increased expenditures or budget revisions.
Discussion - Mayor pro tem Cavecche expressed her appreciation for AQMD funds being used
to purchase bike racks at the Plaza.
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8. REPORTS FROM CITY MANAGER (CONTINUED)
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
ACTION:
1. Appropriated $795,500 from the unreserved fund balance of the Serrano Heights CFD
91-2 Fund (594) to 594-5017-485100 (Capital Outlay);
2. Appropriated $170,425 from the unreserved fund balance of the Equipment Replacement
Fund (710) to 710-5023-447200 (Fuel) and authorized Finance staff to adjust the applicable
allocation accounts;
3. Appropriated $1,500 from the unreserved fund balance of the Air Quality Management
District (AQMD) Fund (245) to 245-1401-429150 (Trip Reduction Program);
4. Appropriated $8,000 from 100-7015-293900 (General Fund/Donations) to 100-7015-
423500 (General Fund/3rd of July);
5. a) Transferred $1,790,298 for the City Education Revenue Augmentation (ERAF)
from 100-0000-212500 (Property Tax Revenue Offset) to 100-0000-435410 (ERAF
Expenditure); and b) transferred $1,304,136 for the Redevelopment ERAF from 987-0000-
212500 (Property Tax Revenue Offset) to 987-9890-435410 (ERAF Expenditure);
6. Transferred $74,705 from 601-8011-484101-8119 (Well No. 27 Construction) to 601-
8041-484101-8120 (Well No. 28 Construction);
7. Appropriated $39,000 from 100-3021-292102 (General Fund/Reimbursements) to 100-
3021-410000 (Fire Suppression/Salaries & Benefits);
8. a) Appropriated $20,000 from 100-3022-277102 (General Fund/Paramedic Fees) to 100-
3022-426700 (General Fund/Other Professional Services); and b) appropriated $8,000 from 125-
3015-277850 (EMT Fund/Transport Fees) to 125-3015-426700 (EMT Fund/Other Professional
Services);
9. Appropriated $733,000 from the unreserved fund balance of the Orange Merged Debt
Service Fund (987) to 987-9890-465400 (Tax Increment Pass Through);
10. Authorized the establishment of a Senior Landscape District Coordinator and a
Technology & Support Services Supervisor in the Mid Management Bargaining Group;
11. Authorized the following two new positions: Part-time/Seasonal Management Intern;
and Part-time Administrative Clerk;
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8. REPORTS FROM CITY MANAGER (CONTINUED)
8.2 FY 2005/06 Mid-Year Budget Adjustments (continued)
12. Authorized reclassification of the following positions: (2) Administrative Analyst II and
(l) Finance Analyst to Senior Administrative Analyst; Senior Administrative Clerk to
Engineering Technician I; Landscape Assessment District Coordinator to Senior Landscape
District Coordinator; Senior Librarian to Library Assistant; Library Information Systems
Coordinator to Technology & Support Services Supervisor; Library Assistant to Library
Information Systems Coordinator;
13. Appropriated $47,475 from the unreserved fund balance of the General Fund and $3,940
from the unreserved fund balance of the Gas Tax Maintenance Fund (270) and SI,585 from the
unreserved fund balances of the Landscape Assessment District Funds 290, 291, & 293) to the
appropriate departments' salary and benefit accounts to fund the reclassifications and new
positions.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 8-06 (FIRST READING) (A2500.0 Ord-08-06 Speed Limits)
An Ordinance of the City Council of the City of Orange amending Section 10.14.050 of Chapter
10.14 of the Orange Municipal Code pertaining to speed limits.
Santiago Canyon Road - Jamboree to the South City Limits
Discussion
In response to Council questions, Tom Mahood, Traffic Engineer, noted the reported accidents
were all along Santiago Canyon Road and generally clustered around the 241 interchange.
Councilmember Smith asked about the radar speed flashing equipment which was to be
implemented in this area.
City Manager John Sibley reported the City had already requested its funding from The Irvine
Company for the radar speed signs; and noted that the City had also requested its funding to
assist with the fiber optic traffic studies on Katella and on Chapman, and also funds for the East
Orange sub station improvements.
MOTION - Smith
SECOND - Cavecche
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved that Ordinance No. 08-06 be read by title only and same was set for second reading by
the preceding vote.
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10. PUBLIC HEARINGS
10.1 PROPOSED STREET VACATION - PORTION OF OLD LEWIS NORTH OF
STATE ROUTE 22 AND SOUTH OF METROPOLITAN DRIVE ADJACENT TO
LEWIS STREET. (S4000.So4)
At its meeting of March 28, 2006, the City Council adopted Resolution No. 10068 stating its
intent to vacate this portion of Lewis Street. The proposed vacation is being done in conjunction
with the sale of the underlying fee ownership to City Office LP to use for parking for its
adjoining office professional building. Having duly noticed and posted notice of a hearing, the
City Council has set this time for all persons interested in the proposed vacation and to consider
whether to adopt Resolution No. 10076.
RESOLUTION NO. 10076
A Resolution of the City Council of the City of Orange Finding that a Portion of that Public
Street Commonly Known as Old Lewis, Generally Located North of State Route 22 and South of
Metropolitan Drive and Adjacent to Lewis Street, is no longer Needed by the Public and
Ordering the Vacation thereof upon the Occurrence of Specified Conditions.
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve Resolution No. 10076.
10.2 UPDATE TO THE CITY OF ORANGE LOCAL CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES. (EI400.0)
Time set for public hearing to consider an update to the City of Orange Local California
Environmental Quality Act (CEQA) Guidelines.
Director of Community Development Department, Alice Angus gave the staff report indicating
that the update encompasses the following changes:
. Incorporate changes to State law and in-house procedures;
. Remove reference to Staff Review Committee as a decision-making body, clarifying that
they are an informal recommending body;
. Clarify difference between ministerial v. discretionary actions as applies to CEQA;
. Codify noticing procedures;
. Add more detail regarding historic resources and the review required under CEQA;
. Clarify need for examination of impacts related to demolition and additions in the Old
Towne District;
. Clarify that Old Towne project findings be compliant with Secretary of Interior and local
Standards;
. Correct designation of the approving body for Public Works CIP projects as Council
rather than the Planning Commission.
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10. PUBLIC HEARINGS (Continued)
Ms. Angus also provided a revised page which corrected the dates that the Plaza Historic District
gained National Register status in 1982 and the Old Towne Orange Historic District in 1997.
Councilmember Smith stated she had four areas of concerns in addition to the dates that needed
to be corrected. (1) Section IV - Identifying properties as an historical resource, as wcll as
identification of director allowed to approve evaluation; and the stipulation for formal historic
resource evaluation is vague; (2) Section IV -B -impacts on historical resources design standards;
she was concerned with the statement regarding projects that comply with Old Towne Design
Standards comply with Secretary of Interior standards; (3) the section regarding demolitions
and additions and their possible adverse impacts, indicating that the wording was vague and that
this section of the Orange Municipal Code needed updating as well; and (4) the Council also
needed to receive the report that is provided to the Planning Commission regarding cumulative
impacts.
Councilmember Smith proposed the need for a planner position in the Community Development
Department devoted to historic preservation, indicating that this would be more economical for
the City as opposed to hiring consultants, and added that to build on this person's expertise over
time would provide the City with a knowledgeable resource.
Ms. Angus responded to Councilmember Smith's concerns and provided information on staff
procedures and suggestions on how the language in the guidelines could be revised.
Principal Planner, Anna Pehoushek stated that the update to the General Plan included surveying
properties that have had improvements or changes made since the last survey. She added that
this would establish a database, linked to the GIS mapping capability, to be used as an analytical
tool to see what has happened on a piece of property over time.
Council discussed whether the appropriate mechanism to address cumulative impacts was the
CEQA Guidelines or the Old Towne Design Standards. It was determined that standards and
policies be set in these documents, and updated through minute orders.
Senior Planner, Jennifer McDonald stated that draft language had been considered to be added to
the Guidelines regarding the preparation of the historic resources evaluations being performed by
a qualified professional, meeting the Secretary of Interior professional qualification standards,
and include a reference to the Code of Federal Regulations which contains this profcssional
stipulation.
Council concurred that the review of properties be performed by several or a body of pcople
rather than one individual.
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10. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 10073
A Resolution of the City Council of the City of Orange Approving Revisions to the City of
Orange Local CEQA Guidelines to Update City Procedures Consistent with the CEQA Statute
and Local Practice.
Applicant: City of Orange
MOTION - Smith
SECOND - Mayor
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve Resolution No. 10073 - noting changes in language to the section referring to
the independent evaluation and Community Development Director approval process; directing
the provision of the periodic report to Council, as well as the Planning Commission; changing
the date of the establishment of the Plaza Historic District in the National Register to March 19,
1982; and clarifying the language on the Old Towne design standards versus Secretary of Interior
standards for rehabilitation.
Minute Order - Council requested a document that assesses what changes have happened within
the district or to historic resources in town for some stated period of time, examining records and
trends; and bring back a report assessing the impacts of change over time.
Minute Order - Council requested evaluation of the presence of an Historic Preservation Planner
in the Community Development Department; and examine how it worked in the past and how it
can work in the future, fully appreciating the contract employee, but hoping to have somebody
in-house to address questions.
City Manager, John Sibley responded that an historic planner expert has been sought and by
hiring the consultant it is hoped that the expertise can be developed in-house through training.
He indicated that staff would respond to this request.
11. RECESS TO THEMEETING OF THE ORANGE REDEVELOPMENT AGENCY
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12. RECESS TO CLOSED SESSION
The City Council recessed at 6:00 p.m. to a Closed Session for the following purposes:
a. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Property: Main Library
City Negotiators: Gary Sheatz, Nora Jacob
Negotiating Parties: City and T-Mobile
Under Negotiation: Cell-site lease agreement
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.
13. ADJOURNMENT
There is no 7:00 p.m. Session scheduled.
The City Council adjourned at 7:00 p.m. to an Adjourned Regular Meeting, Study Session
to be held on Tuesday, April 18, 2006, at 5:00 p.m. in the Weimer Room, to review
proposed FY 2006-07 Budget Revenues and Expenditures.
The next Regular Council meeting is scheduled for April 25, 2006.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular
meeting of April 11, 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.
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MAR~URPHY
CITY CLERK
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