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5/9/2006 - Council Minutes - CC Minutes Reg Meeting APPROVED BY THE CITY COUNCIL ON MAY 23, 2006 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING May 9,2006 The City Council of the City of Orange, California convened on May 9, 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 Dr. Allan Stark, Orange North Rotary 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Teresa Smith 1.3 ROLL CALL PRESENT - ABSENT - Smith, Ambriz, Murphy, Cavecche Dumitru 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation from Orange Firefighters on a recent trip to Orange's Sister City, Queretaro, Mexico. Proclamation honoring ALS Awareness Month. Proclamation honoring Emergency Medical Services Week - May 14-20, 2006. Proclamation honoring National Public Works Week - May 21-27,2006. Presentation from Yesenia Valez, Board Member, Orange County Human Relations Council. 2. PUBLIC COMMENTS - None PAGE 1 CITY COUNCIL MINUTES May 9,2006 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 April 20 and 27, 2006. ACTION: Approved. 3.2 Request approval of City Council Minutes, Regular Meeting of April 25, 2006. (C2500.D.4) ACTION: Approved. 3.3 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.4 Award a Consultant Services Agreement to Carollo Engineers of Fountain Valley, for Water Master Plan for the Water System of the City of Orange. (A2100.0 Agr-4886) SUMMARY: This Agreement authorizes the Consultant, Carollo Engineers of Fountain Valley, to prepare a Water System Master Plan for the City's water system. The Master Plan will be a definitive and conclusive study of the City's entire water system focusing on the system's ability to meet current and future demand, while maintaining adequate flow and pressure along with providing adequate redundancy for the highest reasonable efficiency. The Plan will include the computer modeling of the entire water system and will provide the basis for future water system improvements. ACTION: Awarded a Consultant Services Agreement in the amount of $194,100.00 to Carollo Engineers of Fountain Valley, CA for the preparation of the Water System Master Plan for the City's Water System; and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMP ACT: Funds are budgeted and available in the following account: Water Master Plan 601-8011-486700-8213 $225,000.00 PAGE 2 CITY COUNCIL MINUTES May 9,2006 3. CONSENT CALENDAR (Continued) 3.5 Award Consultant Services Agreement to Hall & Foreman Inc., to complete the engineering, environmental technical studies, right-of-way activities and regulatory agency permits required for the re-scope of the Santiago Creek Bike Trail, Tustin Street to Collins Avenue, formally known as the Tustin Branch Trail (CIP No. 6100). (A2100.0 Agr-4887) SUMMARY: Orange County Transportation Authority (OCTA) has approved the re-scope of the Santiago Creek Bike Trail located between Tustin Street and Collins Avenue. The next step is to hire a consultant to complete the engineering, environmental technical studies, right-of-way activities and regulatory agency permits required for the changes in the project re-scope. Hall & Foreman, Inc. has been selected in an amount not to exceed $242,000. ACTION: Approved the Consultant Services Agreement between the City and Hall & Foreman, Inc. in an amount not to exceed $242,000 for the Santiago Creek Bike Trail Project; and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMP ACT: Sufficient funds exist in the following account: 550-7021-485100-6100 Tustin Branch Trail- Transp. Enhancement Act $242,000 APPROPRIATIONS 3.6 Appropriation of funds for consultant services to provide electrical engineering design for lighting and electrical upgrades for Eisenhower Park. (Continued from April 25, 2006) (C2500.M.4.13) 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: Authorized an appropriation of $30,680 from unreserved Fund 511 (Quimby) to 511-7021-481105-0088 (Eisenhower Park Lighting). FISCAL IMP ACT: Upon appropriation, sufficient funds will be available in the following account: 511-7021-481105-0088 Eisenhower Park Lighting $30,680.00 3.7 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. Southern California Edison (Incident Date: 05-21-05) b. Raleigh Beunett Alcaraz c. Noreen Lee Grumbach ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. PAGE 3 CITY COUNCIL MINUTES May 9,2006 3. CONSENT CALENDAR (Continued) EASEMENT DEED 3.8 Authorize the Acceptance and Recordation of an Easement Deed for the Non- Exclusive Easement for Street and Roadway Purposes at Handy Creek Channel, South of Santiago Canyon Road. (D4000.0) SUMMARY: The subject property is an unnamed access road along Handy Creek Channel, south of Santiago Canyon Road. This road provides access to proposed Tract No. 16405. As a condition for the approval of Tract No. 16405, the developer is required to obtain a non-exclusive easement for street and roadway purposes in, on, and over the real property of that unnamed access road in favor of the City of Orange, from the Orange County Flood Control District. ACTION: Authorized the City Council to accept and the City Clerk to record the easement deed for the non-exclusive easement for street and roadway purposes as granted from the Orange County Flood Control District to the City of Orange. FISCAL IMP ACT: None. RESOLUTIONS 3.9 RESOLUTION NO. 10074 (C2500.M) A Resolution of the City Council of the City of Orange authorizing application for the Fiscal Year (FY) 2005-2006 Targeted Rubberized Asphalt Concrete Incentive Grant Program. ACTION: Approved. MOTION - Ambriz SECOND - Cavecche AYES - Smith, Ambriz, Murphy, Cavecche ABSENT - Dumitru All items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR ******** PAGE 4 CITY COUNCIL MINUTES May 9,2006 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 Sr. Assistant to the City Manager - Lease Agreement with Dell Marketing, LP for the Lease/Purchase of 226 Desktop Computers. (A2100.0 Agr-4888) SUMMARY: In order to ensure that the City is utilizing technology to meet business needs, reinvestment in its technology resources is essential. As budgetary constraints in recent years have limited the reinvestment in the City's desktop computer inventory, many of the desktop computers are well beyond their useful life. As a result of a comprehensive assessment of the desktop inventory to evaluate operational deficiencies, it is recommended that 226 desktop computers be replaced. As an altemative to a full purchase of the desktop computers, it is recommended that the City enter into a lease/purchase agreement with Dell Computers in which the City will lease and subsequently own the 226 computers. Note: Mayor Murphy abstained on this item due to a possible conflict of interest and left the dais. Staff requested this item be removed from the Agenda. MOTION - Cavecche SECOND - Smith AYES - Smith, Ambriz, Cavecche ABSENT - Dumitru, Murphy Moved the removal ofthis item from the Agenda. 7.2 Report from Public Works Director - Orange Metrolink Station Pedestrian Grade Separation Project Definition Report. (T2200.1.4) SUMMARY: The Orange County Transportation Authority (OCTA) will be constructing a grade separated pedestrian crossing at the Orange Metrolink Station to safely move pedestrians across the tracks, and has requested the City's preference as to whether an overcrossing or undercrossing should be implemented. PAGE 5 CITY COUNCIL MINUTES May 9,2006 7. ADMINISTRATIVE REPORTS (Continued) Discussion - Traffic Engineer, Tom Mahood provided details of the two options for either an over-crossing or an under-crossing at the Orange Metrolink Station. This will help prevent illegal pedestrian crossings across train tracks. He added that the State will fund the project; the City will be responsible for the maintenance of the area; and the plans must be ready for bidding by December, 2006, with a completion by the end of2007. Mr. Mahood stated that a meeting had occurred with the OCTA head of security and the City's Police Department and that visits to several train stations occurred to assess security issues tied to both options. The ideas to be explored in mitigating the security concerns are: minimal tunnel length, flared wall, lay back of retaining wall, closed-circuit cameras tied to police station, roll- up security gates which can be rolled down after hours, over-illumination of the tunnel, sprinkler system which can be remotely operated from the Police station and possibly late afternoon and evening security guards. Police Chief, Bob Gustafson stated that while both over and under crossings present challenges, if the security measures are incorporated in the project, it would alleviate the concerns of the Police Department. He suggested, however, that a multi-level parking structure, which had been discussed, could pose further security concerns. Speakers - John Baker, 1051 Arbor Way, spoke on ADA concerns, security, the need to preserve maximum amount of parking and the presence of an underground high-pressure gas line. Michael Merino, address on file, spoke on the benefits of an over-crossing, stating that the architectural design of an over-crossing could augment the area; noting that the security issues with an under-crossing could cause problems. Council Ouestions Mayor pro tern Cavecche asked about the crossings at other cities; asked for further details regarding a security guard; asked about extending the platform with the overcrossing; the underground utility lines and whether there exists enough space to do an open style under- crossing similar to Mission Viejo. Mr. Mahood responded that the Cities of Irvine, Fullerton, Santa Ana and in the future Buena Park have over-crossings. He added that the Orange Station is the only station currently not using a security guard. He stated that the utilities along the train tracks will be relocated and placed underground. He added that an extension to the platform is not necessary for an over- crossing, and if that was constructed, it would require the City to pay the $3.4 million cost. He further explained that the under-crossing would be built at the bus turnaround area, which has ample room, and the project design is such that this would be a flow-through to the Depot Walk development project and a nice showpiece-type of entrance to the Old Towne district. PAGE 6 CITY COUNCIL MINUTES May 9,2006 7. ADMINISTRATIVE REPORTS (Continued) Councilmember Ambriz asked if the surrounding environment had been considered, stating that the Depot Park had a past history of vandalism, noting that the City has not always been able to maintain the area. He commented that the tunnel could provide an opportunity for criminal activities and that train passengers are not always in the mindset of security when traveling. He added that although OCTA is funding the cost of the project, the City will incur costs in providing security and maintenance. He further added he did not feel comfortable with an under- crossmg. City Manager, John Sibley stated that the vision is to create a paseo at this location attracting business and visitors to the downtown area. He added that the security and maintenance concerns of the project are being addressed, adding that the future ambience will create economic benefits for the business community. Public Works Director, Gail Farber added that current safety issues are driving the project. She indicated that as the population and train ridership increases, the Orange station will have regional significance and be important to the economic vitality for the city. Councilmember Smith noted that this is an OCTA project and the City does not have a say in whether or not to even do the project. She originally was not thrilled about an intrusion into Old Towne, but has become excited about a pedestrian crossway, which will include under grounding the utilities and a platform extension which will help prevent the trains from blocking the train tracks at Chapman Avenue. She indicated that the future plans to have trains stopping there every half hour will impact the traffic flow. She commented that she is in favor of the under- crossing with mitigating measures for security and also suggested measures be put in place to deter skateboarders. She addressed the dangerous pedestrian safety issue which currently exists, stating that the under-crossing would alleviate this. Mayor pro tern Cavecche stated that she would feel safer walking through a well-lit short tunnel rather than riding in an elevator or opening a door to a stairwell; adding that an overpass would be overpowering for this site. She noted that while this site has improved, the City has never incorporated it and brought it into the Old Towne area; and this walkway will improve that. She stated there are still concerns about safety issues and reiterated the need for the under-crossing to be as open as possible. Council discussed the plan for expanding the parking-whether it be in the form of a larger parking lot or a multi-level parking structure, noting the safety and aesthetic concerns of each. Councilmember Smith stated that there exists a natural walkway extending from the northwest corner of the Plaza to the station/Depot Park area; and suggested that the utilization of this walkway be explored. She thanked OCT A for their sensitivity to the historic element of this area. PAGE 7 CITY COUNCIL MINUTES May 9,2006 7. ADMINISTRATIVE REPORTS (Continued) In response to a question from Mayor pro tem Cavecche, OCTA Representative, Kia Mortazaveh affirmed that the funding for the parking area/structure would be a State Transportation Improvement Program project but that the funding of$28 million has yet to be encumbered. Mayor Murphy stated that an under-crossing would be more usable as long as the security issues are addressed, and the technology is available to monitor and implement the safety devices; noting that elevators and stairwells can present their own problems. He added the need to consider the design issue and aesthetic impact of the project. Councilmember Ambriz reiterated that he did not have a comfort level with an undercrossing. MOTION - Smith SECOND - Cavecche AYES - Smith, Murphy, Cavecche NOES - Ambriz ABSENT - Dumitru Moved to recommend to the OCT A that the preference of the City of Orange for a grade- separated pedestrian crossing at the Orange Metrolink station is for an under-crossing, subject to staff-determined design elements to enhance security, public safety and aesthetics; with the understanding that staff will return to Council with security and aesthetic design measures. Staff was also directed to bring back a report on security issues at the Depot. FISCAL IMPACT: No fiscal impact at this time. The project will be funded 100% by OCTA. City will be responsible for on-going maintenance and security costs. These costs are to be identified when final project plans are brought before Council for consideration. 8. REPORTS FROM CITY MANAGER- City Manager, John Sibley apprised Council that he has received a report from Chapman University on their parking plan for the 2006-07 school year; and was encourage by the University's efforts to resolve parking issues. He stated that he would provide the report to Council. , PAGE 8 CITY COUNCIL MINUTES May 9,2006 9. LEGAL AFFAIRS 9.1 ORDINANCE NO 7-06 (SECOND READING) (A2500.0 Ord-07-06 Shopping Carts) 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 - Smith AYES - Smith, Ambriz, Murphy, Cavecche, ABSENT - Dumitru Moved that Ordinance No. 7-06 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 Council did not recess to a Closed Session. 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 6:10 p.m. There was no 7:00 p.m. Session. The next Regular Council meeting is scheduled for May 23,2006. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of May 9, 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. ~1 !1p,& JoI'L~ ARY E. MURPH'Y j' CITY CLERK 11)./; ~ MAYOR PAGE 9