7/25/2006 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON AUGUST 8, 2006
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING July 25, 2006
The City Council of the City of Orange, California convened on July 25, 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 Bubba Lipscomb, First Southern Baptist Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Mark Murphy
1.3 ROLL CALL
PRESENT -
ABSENT -
Smith, Murphy, Cavecche, Dumitru
None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Employee Service Awards presented to Stan Corona, Community Services Department;
Michelle Holguin, Finance Department; Jennifer Le, Community Development
Department; Barbara Magaddino, Personnel Department; Albert Camacho, Public Works
Department; Lew Stedman, Library Services Department and Brad Davis, Bryan
Meissner, Randy Walker, Dan Cahill, Steve Ames, Police Department.
2. PUBLIC COMMENTS -
Brenda Nailon, address on file, spoke on a code enforcement issue.
Darrell Johnson, OCT A, spoke on the Metrolink event on July 29th with free train rides
from the City of Orange.
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 July 6,11 and 13,2006.
ACTION:
Approved.
2ITY COUNCIL MINUTES
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3. CONSENT CALENDAR (Continued)
3.2 Request approval of City Council Minutes, Regular Meeting, July 11, 2006.
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 June 30, 2006.
ACTION:
Approved.
AGREEMENTS
3.5 Award of Consultant Services Agreement - Water Plant Office Remodeling and
Security Improvements. (A2100.0 Agr-4939)
SUMMARY: This contract authorizes the Consultant to provide professional services to
design the Water Plant Office Remodeling and Security Improvements. The scope of
work includes preparation of construction plans and specifications, along with oversight
services during construction of the project.
ACTION: Awarded a Consultant Services Agreement in the amount of $100,000.00 to
Jubany Architectural of Los Angeles for the design of the Water Plant Office Remodeling
and authorized the Mayor and the City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and available in account number:
601-8011-481200-8212 Water Plant Security Improvements $100,000.00
3.6 2005 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.B)
SUMMARY: The County of Orange has applied for, received and accepted a grant from
the State of California, acting through its Office of Homeland Security, to enhance
county-wide emergency preparedness. The combined 2005 grant funds total $7,380,647.
This agreement encompasses the following grant programs: The 2005 State Homeland
Security Program, the 2005 Law Enforcement Terrorism Prevention Plan, the 2005
Emergency Management Preparedness Grant, and the 2005 Metropolitan Medical
Response System.
This transfer agreement covers the items that will be or have already been funded through
the 2005 Homeland Security Grant, as well as the ongoing maintenance for the following
items:
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CITY COUNCIL MINUTES
July 25,2006
3. CONSENT CALENDAR (Continued)
. MIR3 - Automated Notification System;
. Web EOC - Web based software designed to help automate Emergency Operation
Center (EOC) activations;
. IMAP - Critical infrastructure Geographical Information Systems (GIS) mapping
program for the County of Orange;
. Establish/Enhance Citizen Emergency Preparedness and Awareness - Community
education and funding for citizen corps and public safety volunteer programs;
· Establish/Enhance Sustainable Homeland Security Training Program - Training and
backfill for specified terrorism training;
· Establish/Enhance Sustainable Homeland Securitv Exercise Program - Tabletop,
functional, and full-scale terrorism related exercises.
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 City Clerk to execute the agreement on behalf ofthe City.
FISCAL IMPACT: 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.
3.7 First Amendment to Services Agreement with Curbside, Inc. for the Door-to-Door
Used Oil Collection Program. (A2100.0 Agr-2224.I.E.l)
SUMMARY: The City has been receiving Used Oil Block Grants from the California
Integrated Waste Management Board since 1994 and has offered a customer-friendly
door-to-door used oil collection program since 1996. In 2005, the City issued a Request
for Proposal and subsequently awarded a services agreement to Curbside, Inc. through
June 30, 2006. Staff is recommending an amendment to the agreement that includes a
rate adjustment and extends the term through June 30, 2008. All costs associated with
this agreement are funded by Used Oil Block Grants awarded under the California Oil
Recycling Enhancement Act.
ACTION: Approved the First Amendment to Services Agreement and authorized the
Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: This program is funded entirely by grant funds from the California
Integrated Waste Management Board. Funds are available in the following accounts:
220-5022-427100-5005 (FY 04/05 10th Cycle Used Oil Block Grant) $24,684
220-5022-427100-5006 (FY 05/06 11th Cycle Used Oil Block Grant) $35,325
220-5022-427100-5007 (FY 06/07 12th Cycle Used Oil Block Grant) $34,855
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July 25, 2006
3. CONSENT CALENDAR (Continued)
3.8 Second Amendment to Attorney Services Agreement with the Law Firm of Rntan
and Tucker to provide legal services in relationship to the City's defense of a CEQA
challenge filed against the City's approval of the East Orange development.
(A2100.0 Agr-4798.2)
SUMMARY: The Sierra Club has filed a legal challenge under the California
Environmental Quality Act to the City's approval of The Irvine Company's residential
development in East Orange. Rutan and Tucker was retained to provide the defense for
the City. The Irvine Company, which is also a party to the action, has retained its own
counsel. The proposed First Amendment would increase the not to exceed amount from
$150,000 to $250,000. The Irvine Company is reimbursing the City for all funds
expended in this matter.
ACTION: Approved and authorized the Mayor and City Clerk to execute the Second
Amendment to Agreement with Rutan and Tucker, LLP.
FISCAL IMPACT: None. As one of the conditions of the City's approval, The Irvine
Company is obligated to pay the attorney's fees.
3.9 Agreement between the City of Orange and the City of Anaheim for Anaheim to
provide fire sprinkler water service for a proposed building that will sit atop the
City limit line for the Archstone development in West Orange. (A2100.0 Agr-4940)
SUMMARY: This agreement allows the City of Anaheim to provide fire sprinkler water
service to a proposed building that will straddle the City limit line between Anaheim and
Orange at the former Orange Drive-in site on State College Boulevard at the 1-5 Freeway.
ACTION: Approved the Agreement and authorized the Mayor and the City Clerk to
execute on behalf of the City.
FISCAL IMPACT: No fiscal impact for the City.
APPROPRIATIONS
3.10 Authorize purchase and appropriate funds for purchase of five radar speed
advisory signs. (S4000.S.3.3.)
SUMMARY: The proposed radar speed advisory signs are being purchased from funds
currently on deposit from The Irvine Company for the East Orange development. The
signs provide visual feedback to drivers if they are exceeding the speed limit and
encourage moderate speeds.
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July 25, 2006
3. CONSENT CALENDAR (Continued)
ACTION: I) Appropriated funds deposited by The Irvine Company as part of the East
Orange Development Agreement of $50,000.00 from 550-5032-265600-2221 to 550-
5032-471301-2221; 2) Authorized a sole source purchase of five VCalm VMS-Solar
radar speed advisory signs at a cost of $48,218.13 from Fortel Traffic, Inc, of Anaheim,
CA.
,
FISCAL IMPACT: Upon appropriation, funds will be available in the following account:
550-5032-471301-2221 Radar Speed Control Device Deposit TIC DA $50,000.00
BIDS
3.11 Bid No. 067-10; SP-3565 Annual Street Maintenance Asphalt Concrete Overlay at
Various Locations, Fiscal Year 2006/07. Approval of Plans and Specifications and
authorization to advertise for bids. (S4000.S.7)
SUMMARY: Plans and specifications have been completed for the rehabilitation of
miscellaneous City streets under the Street Maintenance Program. The Project is ready to
be advertised. Construction cost is estimated at $2.2 million.
ACTION: Approved plans and specifications and authorized advertising for bids for the
Annual Street Maintenance Asphalt Concrete Overlay at Various Locations, FY 2006/07.
FISCAL IMP ACT: No fiscal impact at this time. Funds are budgeted in the Capital
Improvement Program and are available in the following accounts:
500-5011-483300-3120 (Capital Projects)
262-5011-483300-3120 (Measure M - Turnback)
$1,600,000
$2,000,000
3.12 Approval of Plans and Specifications for the Electrical and Lighting Upgrades to
Hart Park Softball Fields (C.I.P. Project No. 0030), and Authorization to Advertise
for Bids. (C2500.M.4.9)
SUMMARY: Plans and specifications have been completed for the electrical and
lighting upgrades to Hart Park softball fields, which includes the replacement of the
sports field lighting, pathway lights, and electrical panel. The project is ready to be
advertised.
ACTION: Approved plans and specifications and authorized advertising for electrical
and lighting upgrades to Hart Park softball fields.
FISCAL IMPACT: The current fund balance for the Hart Park Softball Field Renovation
is: 511-7021-4811 05-0030 (Hart Park Softball Field Renovation) $291,765
The probable construction cost estimate for electrical and lighting upgrades to Hart Park
softball fields is $800,000. Staff will request an additional appropriation of funds with
the request for authorization to award the bid for the electrical and lighting upgrades.
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July 25, LUUb
3. CONSENT CALENDAR (Continued)
3.13 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. Maria Gutierrez
b. John Lanspa
c. James Suehr
d. Matthew Suehr
e. Southern California Edison (06/09/06)
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
(REMOVED AND HEARD SEPARATELY)
3.14 Fourth extension of contract Agreement No. 4201 with Recovr X, Inc. for sidewalk
cleaning services in the Plaza, Plaza Park and Metrolink Station.
(A2100.0 Agr-4201.4)
SUMMARY: The City currently has a contract with Recovr X, Inc. for environmental
cleaning services of the concrete sidewalks in the Plaza, Plaza Park, and the Metrolink
Station. The service includes the cleaning of the outdoor dining areas in the Plaza as well
as emergency or special cleanings as required. A portion of the funding for this contract is
the revenue received from the outdoor dining permits. The contract provides for four one-
year extensions.
Discussion _ Councilmember Smith spoke on the importance of maintaining the Plaza;
clarified the provision for emergency cleaning; and suggested staff look into: possibly
requiring Starbucks to pay an additional assessment for additional cleaning adjacent to their
business at the Plaza; major event organizers being required to pay for cleaning after their
events; cleaning the gutter adjacent to Watson's; and additional cleanings in general.
MOTION - Smith
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru
Moved to approve the fourth extension of contract Agreement No. 4201 with Recovr X,
Inc. to June 30, 2007, at current rates in an amount not to exceed $46,408.00.
FISCAL IMPACT: Contract total not to exceed $46,408. Funding is available in the
current budget year in the following accounts:
100-5022-427100 General Fund - Sanitation/Contractual Services
220-5022-427100 Sanitation & Sewer - Sanitation/Contractual Services
940-9800-424500 Merged & Capital Projects - Contractual Services
$30,298.00
8,700.00
7,410.00
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CITY COUNCIL MINUTES
July 25, 2006
3. CONSENT CALENDAR (Continued)
3.15 Final acceptance of Bid No. 056-31; SP-3549; Arbor Way, Oak Street, and Wayfield
Street Rehabilitation Project and authorization to file Notice of Completion with the
County Recorder (No staff report reQuired). (A2100.0 Agr-4882)
SUMMARY: Arbor Way, Oak Street, and Wayfield Street Rehabilitation Project. The
contractor on said job was Hardy & Harper, Inc.
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 IMPACT: None.
3.16 Final acceptance of Bid No. 056-32; SP-3533; Sycamore Avenue Reconstruction
Project from Main Street to Batavia Street and authorization to file Notice of
Completion with the County Recorder (No staff report reQuired). (A2100.0 Agr-
4880)
SUMMARY: Sycamore Avenue Reconstruction Project from Main Street to Batavia
Street. The contractor on said job was All American Asphalt, Inc.
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 IMPACT: None.
3.17 Final Acceptance of Bid No. 056-11; SP-3286B; Santiago Creek Bike Trail-Bridge
Project and authorization to file Notice of Completion with the County Recorder
(No staff report reQuired). (A2100.0 Agr-4788)
SUMMARY: Santiago Creek Bike Trail-Bridge Project from 75 feet Downstream to 850
feet Upstream of Glassell Street Overcrossing along Santiago Creek. The contractor on
said job was 4-Con Engineering, Inc.
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 IMPACT: None.
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July 25, 2006
3. CONSENT CALENDAR (Continued)
PURCHASES
3.18 Purchase desktop computers for the new Main Library. (C2500.I)
SUMMARY: The Library Services Department seeks to purchase eighty-seven (87)
desktop computers for the new Main Library, to fulfill goals and objectives of the Library
Bond Act grant award that funds much of the project - 72 of these machines are
designated for public use, 14 are designated for new customer service areas such as the
Homework Center, Local History Room, Teen Zone and Literacy Center, and I is
designated for use with a SmartBoard in the Conference and Training Room.
NOTE: Mayor Murphy abstained on this item due to a possible employment conflict of
interest.
ACTION: Authorized the purchase of eighty-seven (87) desktop computers from Dell
Computers for an amount not to exceed $135,832.17.
FISCAL IMP ACT: Sufficient funds are allocated and available in the following account:
500-2001-481200-9901 $536,116 Main Library Expansion
RESOLUTIONS
3.19 RESOLUTION NO. 10098 (C2500.J.4.2.1)
A Resolution of the City Council of the City of Orange creating the Position
Classification of Forensic Services Supervisor and Amending Resolution No. 10000 by
Including this Classification into the Police Management Memorandum of
Understanding.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.20 RESOLUTION NO. 10104 (A2100.0 Agr-4943)
A Resolution of the City Council of the City of Orange finding and determining that the
public interest is served in acquiring a remnant portion of real property adjacent to
Santiago Creek in the City of Orange from the State of California and approving the
terms and conditions and authorizing the execution of a purchase and sale agreement.
Discussion - Councilmember Smith wanted to ensure the maintenance of this property.
Mayor pro tern Cavecche asked for a report back on all surplus Cal Trans properties.
MOTION - Smith
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru
Moved to approve.
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July 25, 2006
3. CONSENT CALENDAR (Continued)
3.21 RESOLUTION NO. 10100 (S4000.S.4)
A Resolution of the City Council of the City of Orange vacating a portion of an easement
for public road and highway purposes on real property generally located at the southerly
end of Saxon Court ('A' Street) as shown on Parcel Map No. 2004-302 in the City of
Orange.
ACTION: Approved.
3.22 RESOLUTION NO. 10101 (S4000.S.3.6)
A Resolution of the City Council of the City of Orange assigning Street Names to public
and private streets within Parcel Map No. 2004-302, more commonly known as the Del
Rio Development, in the City of Orange.
ACTION: Approved.
3.23 RESOLUTION NO. 10102 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2006-03 combining lots 60 and 61 of Tract No. 16768, in the City of Orange County
of Orange, State of California.
Owner: North Orange Del Rio Land, LLC
ACTION: Approved.
3.24 RESOLUTION NO. 10103 (C2500.G.2.5.1)
A Resolution of the City Council of the City of Orange expressing appreciation to Ben
Pruett of the Planning Commission for his thirteen years of dedicated service.
ACTION: Approved.
TRANSPORTATION RATES
3.25 Emergency Transportation Fee Changes. (C2500.H)
SUMMARY: Emergency Ground (transportation) Ambulance rates for Orange are
consistent with those approved by the Orange County Board of Supervisors. The
Supervisors approved new rates effective July I, 2006 and the City Council needs to take
a similar action approving rates for the City of Orange.
ACTION: Approved the rate schedule for emergency (transportation) ambulance
services adopted by the Orange County Board of Supervisors on July II, 2006 with an
effective date of July I, 2006.
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::;ITY COUNCIL MINUTES
July 25, 2UU6
I. CONSENT CALENDAR (Continued)
FISCAL IMPACT: The transportation fee changes will result in an approximate increase
of $113,926 in charges billed. However, due to annual reductions in Medicare and
Medicare HMO reimbursement limits, the City will not receive the entire amount in
revenue.
MOTION - Smith
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru
Items 3.14 and 3.20 were removed and heard separately. Mayor Murphy abstained on
Item 3.18. All other items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
*********
I. REPORTS FROM MAYOR MURPHY
t1 Consideration of appointments to the Orange Public Library Board. (C2500.I.2)
1,10TION - Murphy
SECOND - Smith
II, YES - Smith, Murphy, Cavecche, Dumitru
l,1oved to reappoint Doug Westfall and Jonell Schlund to the Orange Public Library Board,
:erms to expire June 30, 2009.
5. REPORTS FROM COUNCILMEMBERS
5.1 Mayor pro tem Cavecche - Discussion and request for report on plan to increase
graffiti removal efforts. (C2500.N.4)
l,1ayor pro tem Cavecche reported on the recent upswing of graffiti and suggested addressing this
issue by developing a citywide approach, possibly purchasing more equipment and looking to
residents volunteering, as well as contracting with the County for the County islands within the
2ity-noting that the County had recently adopted a new ordinance to address graffiti removal.
She also spoke of the need to require apartment owners to eradicate graffiti immediately; the
problems at the judicial level; and the need to work with the utility companies to deal with the
graffiti on utility boxes. She asked for a report back looking at these issues, as well as a review
of other cities' programs and the City's current ordinance to address the problem.
Councilmember Smith agreed that the utility boxes need to be addressed by Edison and phone
companies; and extra attention is needed in general to address the problem with graffiti.
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CITY COUNCIL MINUTES
July 25, 2006
5. REPORTS FROM COUNCILMEMBERS (Continued)
In response to a question from Councilmember Dumitru it was determined that the City does not
have a program to reward anonymous tips on graffiti.
Mayor Murphy stated that the City was currently in discussions with the County for funding to
allow graffiti removal in County island areas; adding that the issue of accessing private property
as well as using non-matching paint can be problematic.
Mayor pro tern Cavecche reiterated her request for a report back outlining all the Issues
discussed.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS
7.1 Report from the City Attorney - establishing residency and/or employment
qualifications for members of City Council created citizen committees. (C2500.D)
SUMMARY: At its meeting on June 27, 2006, the City Council directed the City Attorney to
bring back a report concerning the establishment of qualifications for persons appointed to City
Council created committees.
Discussion - City Attorney, David DeBerry reported that at the present time, there are various
requirements to serve on citizen committees, noting that the Library Board requirements were
dictated by the Education Code.
Council discussed residency requirements being imposed on the Planning Commission, Park
Planning and Development Commission, Community Development Block Grant Program
Committee and the Traffic Commission. It was determined that a few of the boards have non-
residents serving due to the scope of their respective committees. Council also discussed
allowing current committee members to finish out their terms if they do not meet the proposed
requirements.
MOTION - Dumitru
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru
Moved to continue to August 22, 2006 for a report outlining residency requirements for the
Planning Commission, Traffic Commission, Parks Commission and CDBG Committee; and
other committees, except for the Library Board of Trustees, having either residency or
employment requirements.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS - None.
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CITY COUNCIL MINUTES
July 25, 2006
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:50 p.m. to a Closed Session for the following purposes:
NOTE: Council did not discuss this item.
a. Conference with Legal Counsel n Anticipated Litigation pursuant to Government Code
Section 54956.9(c)
b. Public Employee Appointment pursuant to Government Code Section 54957.
Title: Fire Chief
c. 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 Council adjourned at 6:50 p.m. There was no 7:00 p.m. Session.
The next Regular City Council meeting is scheduled for August 8, 2006.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of July 25, 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.
4~lf~
. MURPHY-
CITY CLERK
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