4/25/2006 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON MAY 9, 2006
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING April 25, 2006
The City Council of the City of Orange, California convened on April 25, 2006 at 4:30 p.m. in a
Regular Meeting in the Council Chambers, 300 E. Chapman A venue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Father Don Romito, Holy Family Cathedral
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Jon Dumitru
1.3 ROLL CALL
PRESENT -
ABSENT -
Smith, Ambriz, Murphy, Cavecche, Dumitru
None
1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS
Presentation from Cathy Seelig, Friendly Center, on the Killefer Build a Park Day.
Proclamation honoring National Historic Preservation Month.
Proclamation honoring National Donate Life Month.
Presentation by Arline Minor, outgoing Friends of Orange Public Library Bookstore
Director, to the City and the City of Orange Public Library Foundation in support of
Orange's Main Library expansion.
Employee Service Awards presented to John Sibley, City Manager's Office; Susan
Campbell, Finance Department; Jonathan Osterkamp, Jerry Graham, and William
Lawson, Fire Department; Jack Tsuruda, Library Services; David Marks, Donald
Lockridge Jr. and Michael Streed, Police Department; Maria Cervantes, John Felton, and
Hector Medina, Public Works!Water Department.
2. PUBLIC COMMENTS - None
PAGE 1
CITY COUNCIL MINUTES
April 25, 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.] Request Council Confirmation of warrant registers dated April 6, and 13,2006.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of Aprilll, 2006 and
Adjourned Regular Meeting of April ]8, 2006. (C2500.D.4)
Note: Councilmember Dumitru abstained on the April ]8, 2006 minutes vote.
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 March 3], 2006.
(C2500.F)
ACTION:
Approved.
AGREEMENTS
3.5 Donation Agreement with Sunny Slope Tree Farm Co. to accept donation to the
City of 72 trees valued at $12,]00 for the Main Library Expansion Project.
(A2]00.0 Agr-4879)
SUMMARY: This agreement authorizes Sunny Slope Tree Farm Co. to provide and
deliver to the site of the Main Library expansion work a total of 72 trees as a donation to
the City towards the project. The donation is valued at $12,100.
ACTION: I) Approved the proposed Donation Agreement with Sunny Slope Tree Farm
Co.; and 2) Authorized the Mayor and City Clerk to execute on behalf of the City.
F]SCAL IMPACT: There will be no fiscal impact to the General Fund. This donation is
valued at $12,100 and is considered part of the $4 million being raised by the City of
Orange Public Library Foundation toward the library expansion project. Accordingly,
receipt of the donated trees will save the City at least $12, I 00, which the City would
otherwise be required to pay if it contracted out for the purchase of the trees.
Page 2
CITY COUNCIL MINUTES
April 25, 2006
3. CONSENT CALENDAR (CONTINUED)
3.6 Amendment No.1 to Agreement D99-128 to Fund the Program for Nutrient, Fecal
Coliform, and Toxics Total Maximum Daily Load (TMDL) in the Newport Bay
Watershed. (A2100.0 Agr-4326.1)
SUMMARY: Amendment No. I to Agreement D99-l28 adds four new parties to the
existing thirteen party agreement between the City of Orange, County of Orange, the
Orange County Flood Control District, The Irvine Company, Irvine Ranch Water District
and eight other cities in the Newport Bay watershed that will result in a 12% cost
reduction to the City by spreading implementation costs for the TMDL program specified
in the agreement among more parties.
ACTION: Approved Amendment No. I and authorized the Mayor and City Clerk to
execute the Amendment and additional signature pages for distribution to each party
executing this amendment.
FISCAL IMPACT: Sufficient funds have been budgeted in the amount of $11,563
utilizing Sanitation funds in Account No. 220-5024-426700 (Other Professional and
Consulting Services).
3.7 Agreement with Mayer Hoffman McCann P.c., Conrad Government Services
Division (formerly Conrad and Associates, LLP) to perform the annual financial
audit ofthe City and Redevelopment Agency. (A2100.0 Agr-2617.C)
SUMMARY: A Request for Proposal (RFP) was issued for audit services. Proposals
were received from four firms. A panel, which included the Finance Director, Assistant
Finance Director and Internal Audit Manager, reviewed the proposals and interviewed the
four firms. Based on the proposals submitted, the interviews and the reference checks,
the panel unanimously agreed that Mayer Hoffman McCann was the top candidate.
ACTION: Approved and authorized the Mayor and City Clerk to execute the agreement
with Mayer Hoffman McCann to perform the annual audit of the financial statements of
the City and Redevelopment Agency for fiscal years 2005-06 thru 2007-08. The
agreement also includes an option to extend the agreement for two additional terms of
one year each.
FISCAL IMP ACT: The cost for these audit services is as follows:
FY 2005-06 $42,867; FY 2006-07 $44,153; FY 2007-08 $45,478;
FY 2008-09 $46,842; FY 2009-10 $48,247.
Funds for the annual financial audit are being requested in the 2006-07 annual operating
budget in various funds in account number 426300 (accounting and auditing services).
Funds for subsequent fiscal year audits will be included in those respective years' annual
operating budget.
Page 3
CITY COUNCIL MINUTES
April 25, 2006
3. CONSENT CALENDAR (CONTINUED)
APPROPRIATIONS
(REMOVED AND HEARD SEPARATELY)
3.8 72-Hour Supply of Emergency Rations for Public Safety and Emergency Operation
Center (EOC) staffing. (C2500.H)
SUMMARY: The current emergency rations are outdated and under-stocked to provide
appropriate subsistence for current staffing levels for any duration of time. Both the
Police and Fire Departments would like to purchase a 72-hour supply of emergency
rations for public safety requirements as well as those of the EOC.
Discussion - Councilmember Smith asked if the task of maintaining the inventory of
rations was assigned to a staff member to ensure a proper supply at all times.
City Manager, John Sibley reported that a Police Captain and Fire Sergeant are assigned
to maintaining the supply which will be built up over time; and that the rotation of the
stock is monitored as well.
MOTION - Smith
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
ACTION: Appropriated $18,600 from the unreserved fund balance of the General Fund
to account 100-4081-441500 (Homeland Security-Food Emergencies) for the purchase of
emergency rations.
FISCAL IMPACT: Unreserved monies are available from the General Fund. It should
be noted that these funds are available due to $18,600 of FEMA Funds received in FY
04-05 that were never expended. After appropriation, funds will be available in the
Homeland Security Program budget for the purchase as follows:
100-4081-441500 Food Emergencies $18,600
3.9 Appropriation of funds for consultant services to provide electrical engineering
design for lighting and electrical upgrades for Eisenhower Park. (C2500.M.4.13)
Note: Staff has requested continuance of this item to May 9, 2006.
SUMMARY: Staff is requesting an appropriation of $30,680 from unreserved Fund
511 (Quimby) for engineering design services for electrical and lighting upgrades for
Eisenhower Park.
ACTION: Continued to May 9,2006.
Page 4
CITY COUNCIL MINUTES
April 25, 2006
3. CONSENT CALENDAR (CONTINUED)
BIDS
3.10 Bid No. 056-30; Community Development Block Grant (CDBG) Project - Shaffer
Street Storm Drain Phase 4 Project from Almond Avenue to Chapman Avenue (D-
152); Approval of plans and specifications and authorization to advertise for bids.
(C2500.M.17)
SUMMARY: Plans and specifications have been completed for the Shaffer Street Storm
Drain Phase 4 Project from Almond Avenue to Chapman Avenue. The project is ready to
be advertised for bids. The estimated construction cost including contingencies and
construction engineering (10% total) is $360,000.00.
ACTION: Approved plans and specifications and authorized advertising for bids for the
Shaffer Street Storm Drain Phase 4 Project (D-152).
FISCAL IMP ACT: Funds
following account:
310-9645-483400-5110
are budgeted in the Capital Improvement Program in the
CDBG Shaffer Street Storm Drain
$ 262,000.00
3.]] Bid No. 056-45; Water Main Renewal for Fern, Hillside, Lakeside, Brookside and
surrounding cul-de-sacs (W-630); Approve plans and specifications and authorize
advertising for bids. (C2500.M.)
SUMMARY: Plans and specifications have been completed for the construction of Water
Main Renewal for Fern, Hillside, Lakeside, Brookside and surrounding cul-de-sacs (W-
630) and are ready to be advertised for bids. The proposed upgraded waterlines will
replace existing aged and deteriorating waterlines and improve the water supply for
domestic and fire protection purposes.
ACTION: Approved Plans and Specifications and authorized advertising for the
construction of Water Main Renewal For Fern, Hillside, Lakeside, Brookside and
surrounding cul-de-sacs (W-630).
FISCAL IMP ACT: Funding will be available after transfers from other projects and
appropriations from unallocated reserves. When the contract is awarded staff will make
specific fund transfer and appropriation requests.
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CITY COUNCIL MINUTES
April 25, 2006
3. CONSENT CALENDAR (CONTINUED)
3.12 Bid 056-43; Water Main Renewal for Blake Street, Center Street and Grand Street;
Approval of plans and specifications and authorization to advertise for bids.
(C2500.M)
SUMMARY: Plans and specifications have been completed for the construction of Water
Main Renewal for Blake Street, Center Street and Grand Street (W-606, W-607 and W-
608 respectively) and are ready to be advertised for bids. The proposed upgraded
waterlines will replace existing aged, undersized and deteriorating waterlines and
improve the water supply for domestic and fire protection purposes.
ACTION: Approved plans and specifications and authorized advertising for the
Construction of Water Main Renewal For Blake Street, Center Street and Grand Street
(W-606, W-607 and W-608).
FISCAL IMP ACT: Funds are budgeted and are available in the following account:
601-8041-484501-8400 Pipeline Renewal Projects $249,668
Additional funding will be available after transfers from other projects and
appropriations from unallocated reserves. When the contract is awarded staff will make
specific fund transfer and appropriation requests.
3.13 Bid No. 056-44; Approval of plans and specifications and request authorization to
advertise for bids for construction of Arterial Highway Rehabilitation Program
(AHRP) Project - Lincoln Avenue Rehabilitation Improvements (SP-3530).
(S4000.S.7)
SUMMARY: Plans and specifications have been completed for the Lincoln Avenue
Rehabilitation from Berkeley Street to Tustin Street. The project is ready to be
advertised for bids. The estimated construction cost is $1,504,000.
ACTION: Approved plans and specifications and authorized advertising for bids for the
Lincoln Avenue Rehabilitation improvements.
FISCAL IMP ACT: Funds are budgeted and available in the following accounts:
272-5011-483300-3059
272-5011-483300-3060
272-5011-483300-3061
550-5011-483300-3059
550-5011-483300-3060
550-5011-483300-3061
$ 245,920
$ 309,600
$ 240,200
$ 276,100
$ 309,600
$ 240.200
$1,621,620
Gas Tax Lincoln Ave: Orange-Olive to Palm
Gas Tax Lincoln Ave: Palm to Tustin
Gas Tax Lincoln Ave: Glassell to Orange-Olive
AHRP Lincoln Ave: Orange-Olive to Palm
AHRP Lincoln Ave: Palm to Tustin
AHRP Lincoln Ave: Glassell to Orange-Olive
Page 6
CITY COUNCIL MINUTES
April 25, 2006
3. CONSENT CALENDAR (CONTINUED)
3.14 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. AT&T
b. Ngon Tea
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.15 Final acceptance of Bid No. 056-15; Reservoir 2A slope repair and authorization to
file Notice of Completion with the County Recorder (No staff report reQuired).
(A2100.0 Agr-4803)
SUMMARY: Reservoir 2A Slope Repair. The contractor on said job was Moore &
Taber Geotechnical Contractor.
ACTION: Accepted completion of work and improvements; authorized release of
retention funds; and authorized the Mayor and City Clerk to execute the Notice of
Completion.
FISCAL IMP ACT: None
3.16 Award of Contract - Bid No. 056-32; Sycamore Avenue Reconstruction Project (SP-
3533). (A2100.0 Agr-4880)
SUMMARY: Bids for Sycamore Avenue Reconstruction Project were received and
opened on April 6, 2006. Seven bidders responded to the Notice Inviting Bids. The
apparent low bidder is All American Asphalt of Corona, CA for $277,277.00.
ACTION: I) Transferred $70,855.71 fund balance from 310-9645-483200-5505, Sycamore
Avenue Sewer Improvement to 310-9645-483300-3012, Sycamore Avenue Reconstruction
and; 2) Awarded the contract in the amount of $277,277.00 to All American Asphalt and
authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Upon transfer, funds are budgeted and available in the following
account:
310-9645-483300-3012 CDBG: Sycamore Avenue Reconstruction $290,397
Page 7
CITY COUNCIL MINUTES
April 25, 2006
3. CONSENT CALENDAR (CONTINUED)
3.17 Cooperation and Reimbursement Agreement with the Orange Redevelopment
Agency relating to the rehabilitation of portions of Glassell Street; Contract Change
Order No. 1 with All American Asphalt for Rehabilitation of Miscellaneous City
Streets (Bid No. 056-16; SP-3544). (A2100.0 Agr-4881)
(See related Orange Redevelopment Agency Minutes Item No. 3.4)
SUMMARY: The Cooperation and Reimbursement Agreement provides for
reimbursement to the City of Orange Redevelopment Agency's share of costs incurred in
the amount of $29,500 for the rehabilitation of those portions of Glassell Street between
Almond Avenue and Chapman Avenue and between Chapman Avenue and Maple
A venue (exclusive of the traffic circle intersection of Chapman Avenue and Glassell
Street). The Contract Change Order No. I will authorize payment to All American
Asphalt for the additional work in the amount of$82,964.30.
RESOLUTION NO. lOOn
A Resolution of the City Council of the City of Orange approving a Cooperation and
Reimbursement Agreement with the Orange Redevelopment Agency relating to the
rehabilitation of portions of Glassell Street and approving a contract change order with
All American Asphalt for Bid No. 056-16 (SP-3544).
ACTION:
1) Appropriated $30,000 from Fund 272 (Gas Tax) in the amount of $30,000 to 272-
5011-481105-3116 (TCR Highway Maintenance);
2) Transferred $27,692.14 from 500-9800-481105-9119 (South Grand Street Parking
Lot) to 500-5011-4811 05-3116 (TCR Highway Maintenance);
3) Approved Resolution No. 10072.
FISCAL IMP ACT: After the appropriation is executed, funds will be available in the
following accounts:
940-9800-481105- 3116
500-5011-481105-3116
272-5011-481105-3116
Total:
$29,500.00
$27,692.14
$30,000.00
$87,192.14
Redevelopment Agency (TCR Highway Maint)
General Fund (TCR Highway Maintenance)
Gas Tax (TCR Highway Maintenance)
Page 8
CITY COUNCIL MINUTES
April 25, 2006
3. CONSENT CALENDAR (CONTINUED)
3.18 Award of Contract - Bid No. 056-31; Community Development Block Grant
(CDBG) Project - Arbor Way, Oak Street, and Wayfield Street Rehabilitation (SP-
3549). (A2100.0 Agr-4882)
SUMMARY: Bids for Arbor Way, Oak Street, and Wayfield Street Rehabilitation were
received and opened on March 30, 2006. Eight bidders responded to the Notice Inviting
Bids. The apparent low bidder is Hardy & Harper, Inc. of Santa Ana, CA for
$288,756.50.
ACTION: 1) Appropriated $50,000 from the unallocated reserves of the 262 Fund
(Measure M) for distribution as follows: Arbor Way (3037) - $23,000; Oak Street (3036)
- $5,000; Wayfield Street (3013) - $22,000; and 2) Awarded the contract in the amount
of $288,756.50 to Hardy & Harper, Inc. and authorized the Mayor and City Clerk to
execute on behalf of the City.
FISCAL IMP ACT: Upon appropriation, funds will be available in the following
accounts:
310-9645-483300-3037
262-5011-483300-3037
310-9645-483300-3036
262-5011-483300-3036
310-9645-483300-3013
262-5011-483300-3013
Total:
$ 57,000
23,000
74,000
5,000
138,000
22.000
$319,000
CDBG Arbor Way Rehabilitation
Measure M Arbor Way
CDBG Oak Street Rehabilitation
Measure M Oak Street
CDBG Wayfield St. Rehabilitation
Measure M Wayfield Street
REAL ESTATE PURCHASE
3.19 Purchase and Sale Agreement between Orange County Transportation Authority,
City Office, L.P. and the City of Orange. (A2100.0 Agr-4883)
SUMMARY: The proposed purchase and sale agreement provides for OCTA to pay the
City of Orange $200,000 for paving rehabilitation to Metropolitan Drive and the City will
in turn deed property primarily consisting of a slope off of Lewis Street to City Office,
L.P. The agreement resolves a dispute between the City and OCTA concerning
responsibility for pavement rehabilitation on Metropolitan Drive and helps resolve an
eminent domain matter filed by OCTA against City Office.
ACTION: Approved the Agreement and authorized the Mayor and City Clerk to execute.
FISCAL IMPACT: The City will lose approximately $5,400 per year under a lease it has
with City Office L.P. for use of the subject property partly for parking and partly for
landscaping. The City will receive $200,000 that shall be used for the rehabilitation of
pavement on Metropolitan Drive.
Page 9
CITY COUNCIL MINUTES
April 25, 2006
3. CONSENT CALENDAR (CONTINUED)
RESOLUTIONS
3.20 RESOLUTION NO. 10071 (S4000.S.4)
A Resolution of the City Council of the City of Orange stating its intent to vacate a street
easement over a portion of Riverdale A venue, West of Glassell Street, setting a Public
Hearing thereon and directing notice thereof to be posted and published.
ACTION:
Approved
MOTION - Ambriz
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Councilmember Dumitru abstained on Item 3.2-voting on the April 18,2006 Minutes;
Item 3.8 was removed and heard separately; Item 3.9 was continued to May 9, 2006. All
other items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR MURPHY - None
5. REPORTS FROM COUNCILMEMBERS - None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS
7.1 Report from the City Attorney - Modification of the Orange Park Acres Planning
Committee. (OR1800.0.26.1)
TAPE 1400
SUMMARY: At its meeting on March 28, 2006, the City Council directed the City Attorney to
bring back a report addressing proposed modifications to the Orange Park Acres Planning
Committee (OP AC), including discussion of a proposal that the Orange Park Association (OP A)
Board of Directors become the ex-officio OP AC.
Discussion - Councilmember Smith stated the composition of the OP AC requires two members
from the City, two members from the County, and one representing the OP A Board; suggesting
that a balance of representation should continue. She also asked about the composition of the
OP A Board.
Page 10
CITY COUNCIL MINUTES
April 25, 2006
7. ADMINISTRATIVE REPORTS (Continued)
City Attorney, David DeBerry responded that originally, the Committee was formed to review
both city and county plans, but now only reviews city projects.
Orange Park Association President Tom Davidson described the make up of the OP A Board as
being nine members elected for three-year terms. He added that the members must live in the
OP A community, regardless of City/County boundaries
Council discussed the OPA Board's review of plans and their taking action in the best interest of
the entire Orange Park community; the Board acting in a similar manner as the Old Towne
Preservation Association; the Board's interest in maintaining a unique lifestyle and oversight of
the trail system; and the need for Council and the OP A Board to be able to review the report and
receive briefings prior to returning to Council.
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to direct the Community Development Director and City Attorney to return to the City
Council with the necessary action to do the following:
1) Eliminate OP AC as a City Council created committee;
2) Have the OP A Board act as the OP AC; and
3) Adopt an administrative policy for OPAC review consistent with general criteria as stated in
the City Attorney's Staff Report.
FISCAL IMP ACT: Minimal. Some staff time may be saved from no longer having to post
agendas and notices.
7.2 Report from the Public Works Director - Purchase of the property at 1408 North
Cannon Street for the purpose of street widening. (A2100.0 Agr-4884)
SUMMARY: This parcel is necessary for the ultimate widening of the Cannon Street
Realignment Project. Developer contributions from The Irvine Company are to be appropriated
to the project to fund purchase of this project and future project costs.
MOTION - Ambriz
SECOND - Smith
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to: 1) Appropriate $2,885,880, the estimated developer contributions from The Irvine
Company into Account 550-5011-483300-3427 and; 2) Authorize the Mayor and City Clerk to
execute escrow and related documents concerning the purchase of the property at 1408 North
Cannon Street, to be used in connection with the Cannon Street realignment project. Purchase
price is $706,000.00, plus related escrow costs.
FISCAL IMP ACT: Upon appropriation, funds will be available in the following accounts:
550-5011-483300-3427 $2,885,880 Cannon Street Realignment
285-5011-483300-3427 $ 359,525 Cannon Street Realignment
Page 11
CITY COUNCIL MINUTES
7. ADMINISTRATIVE REPORTS (CONTINUED)
April 25, 2006
7.3 Report from Public Works Director - Award of Contract - Bid No. 056-25; Orange-
Olive Road and Heim Avenue Street, Storm Drain, and Sewer Improvements Project (SP-
3377). (A2100.0 Agr-4885)
TAPE 1800
SUMMARY: Bids for the Orange-Olive Road and Heim Avenue Improvements Project were
received and opened on March 16, 2006. Five bidders responded to the Notice Inviting Bids.
The apparent low bidder is GCI Construction, Inc. of Costa Mesa, CA for $989,920.00.
Discussion - Councilmember Ambriz wanted to ensure that the residents had been alerted of the
project, pointing out that the residents have stated concern for the construction impacting traffic
at the elementary school.
Assistant City Engineer, Roger Hohnbaum stated that two community meetings, with
approximately 40 residents attending, had been held and that notices were mailed informing all
surrounding residents of the planned June timeframe-when school was out-to lessen the
impacts of the project.
MOTION
SECOND
AYES
-Smith
- Dumitru
- Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to:
I) Appropriate $135,000.00 from the General Fund balance to 500-5011-483300-3058 for sewer
construction on Heim Avenue;
2) Transfer $95,483.28 from 520-5011-483200-5503 Miscellaneous Sewer to 520-5011-483300-
3058 for sewer construction on Heim Avenue;
I) Appropriate $109,501.22 from the unreserved fund balance of the 530 Funds to 530-5011-
483300-3058 for storm drain construction;
2) Transfer $53,335.00 from 530-5011-483400-5106 Miscellaneous Storm Drain to 530-5011-
483300-3058 for storm drain construction; and
3) Award the contract in the amount of $989,920.00 to GCI Construction and authorize the
Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT:
following accounts:
262-5011-483300-3058
530-5011-483300-3058
520-5011-483300-3058
500-5011-483300-3058
550-5011-483300-3058
550-5032-483100-6193
272-5032-483100-6193
Funds are budgeted, and will be available upon appropriation in the
Measure M
Orange-Olive/Heim Intersection
Heim Sewer Construction
Capital Projects Sewer
Orange County Contribution
GMA3
Gas Tax Orange-Olive and Heim Signal
Total
$ 179,204.00
162,836.22
181,069.28
135,000.00
149,998.00
224,696.09
58,358.00
$1,091,161.59
Page 12
CITY COUNCIL MINUTES
April 25, 2006
7. ADMINISTRATIVE REPORTS (CONTINUED)
7.4 Report from the Public Works Director - Removal and storage of abandoned
shopping carts. (A2500.0 Ord-07-06 Shopping Carts)
SUMMARY: The Public Works Department operates a program to remove abandoned
shopping carts from both public and private property. This program was previously administered
by the Community Development Department. Ordinance No. 7-06 revises the Orange Municipal
Code to reflect the change in responsible departments. Resolution No. 10070 establishes a fee to
recover the City's costs for operating the program.
Discussion - Responding to questions from Councilmember Dumitru, Public Works Director,
Gail Farber stated that the City takes in approximately 250 carts per month and only stores the
carts that are not identifiable. Those that are identifiable, are returned to stores. It was noted that
the City pays $1.00 per unidentified cart to the contractor who retrieves the shopping carts
brought to the City Corporation Yard.
Mayor pro tem Cavecche stated her concern that businesses would incur a small financial burden
over an issue they have no control over; but would support the issue knowing that the costs will
be closely monitored and a report on the costs will be brought back to Council.
City Attorney, David DeBerry stated that if the businesses labeled their carts with their name,
address and phone number, the carts would be returned to the stores at no charge.
ORDINANCE NO 7-06 (FIRST READING)
An Ordinance of the City Council of the City of Orange Amending Chapter 8.06 of the Orange
Municipal Code Regulating the Removal and Storage of Abandoned Shopping Carts.
MOTION - Ambriz
SECOND - Murphy
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved that Ordinance No. 7-06 be read by title only and same was set for second reading by the
preceding vote.
RESOLUTION NO. 10070
A Resolution of the City Council of the City Orange, Amending the Master Schedule of Fees and
Charges to Add a Fee for the Removal and Storage of Abandoned Shopping Carts.
MOTION - Ambriz
SECOND - Murphy
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve Resolution No. 10070.
Page 13
CITY COUNCIL MINUTES
April 25, 2006
7. ADMINISTRATIVE REPORTS (CONTINUED)
7.5 Report from the Public Works Director - Update on railroad Quiet Zone status and
other railroad issues. (T2200.1.4) TAPE 2150
SUMMARY: A report in response to a Council request for an update on Quiet Zone
implementation progress, as well as other ongoing railroad initiatives affecting Orange.
Discussion - Transportation Analyst, Doug Keys provided a brief report, outlining rail-related
projects the City is involved in. He described the role of the diagnostic team in analyzing the 16
crossings in Orange as to the improvements needed to qualify the City for Quiet Zones. He
indicated that the Orange County Transportation Authority (OCTA) adopted the State
Transportation Improvement Program which has earn1arked $5 million toward a grade-separated
pedestrian crossing to be constructed at the Orange Transportation Center, emphasizing the
100% OCTA funding. He spoke of the expansion plans by Metrolink through 2009 and the
expansion of the parking lot at the Orange Transportation Center.
Councilmember Dumitru asked about the City's ability to direct or limit the train trips through
the City and suggested that rail crossings in residential neighborhoods be given a priority for
Quiet Zones.
Mr. Keys responded that it has been determined that no environmental requirements exist on
expansion of an existing rail line. He indicated that if the Quiet Zone program is phased due to
financial constraints, the residential areas could be given a priority, but that the goal was to
address the entire City; and any report on priorities would be brought back to Council.
Mayor Murphy indicated that with piece-mealing the Quiet Zone project, it may be difficult to
get a complete benefit, because many crossings are close to each other, and the horns sounded at
one crossing can be heard at the next and beyond. That has to be taken into consideration and if
the Quiet Zone project is broken down into manageable parts, buffer zones will have to be
considered.
Mayor pro tem Cavecche pointed out that the Olive Branch crossing in North Orange, while it
may not have a lot of Metrolink traffic, seems to have more night time freight train noise. She
also noted that the City needs to make sure the Metrolink Quiet Zone policy fits with what the
City wants to do.
In response to questions from Council, Mr. Keys stated that talks are occurring with train
operators to receive input. He also spoke on a Notice of Intent which will eventually be sent to
responsible agencies-BNSF, Metrolink, Amtrak, OCTA, etc.-which states that the City has
qualified for a Quiet Zone and gives notice to comply.
Mayor pro tem Cavecche noted that the liability to the City, once the trains stop sounding their
horns, could be great if a person chooses to ignore the barriers and goes around the gates,
suggesting additional measures above and beyond can be implemented. She also stated that the
concerns of the community over Metrolink's plan to expand service must be addressed.
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CITY COUNCIL MINUTES
April 25, 2006
7. ADMINISTRATIVE REPORTS (CONTINUED)
Councilmember Ambriz wanted to ensure that the written report being presented to Council was
available to the public. He asked about the possible use of redevelopment funds; and about
environmental issues, such as air quality, with an increase in trains, wanting to ensure that the
interests of the citizens are protected.
Mr. Keys reiterated that an existing railroad IS exempt from environmental revIew when
expanding an existing railroad line.
Gail Farber, Public Works Director, noted that the City is meeting with OCTA to address
environmental issues and concerns.
Councilmember Smith noted the City is making progress and encouraged communication to
continue with BNSF in order to make a difference with the blasting of the horns.
Mayor pro tem Cavecche noted that the BNSF trains seem to be the major issue, and suggested a
noise test so that the City has data when talking with BNSF.
MOTION - Smith
SECOND - Murphy
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to receive and file the Report on the Quiet Zone status and other railroad issues.
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 8-06 (SECOND 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
MOTION - Dumitru
SECOND - Cavecche
A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved that Ordinance No. 8-06 be read by title only and same was approved and adopted by the
preceding vote.
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CITY COUNCIL MINUTES
April 25, 2006
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 6:30 p.m. to a Closed Session for the following purposes:
a. Public Employee Appointment pursuant to Government Code Section 54957.
Title: Fire Chief
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 - The City Council adjourned at 7:30 p.m.
There was no 7:00 p.m. Session scheduled.
The next Regular Council meeting is scheduled for May 9, 2006.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular
meeting of April 25, 2006 at Orange Civic Center kiosk, Police facility at 1107 North Batavia, Shaffer
Park; all of said loeations being in the City of Orange and freely accessible to members of the public at
least 72 hours before eommencement of said regular meeting; and available at the City Clerk's Office.
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