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
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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
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CITY COUNCIL MINUTES
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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.
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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
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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.
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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.
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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.
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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.
,
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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
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