8/8/2006 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON AUGUST 22, 2006
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING August 8, 2006
The City Council of the City of Orange, California convened on August 8, 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 Paul Wenz, St. John's Lutheran Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Cavecche
1.3 ROLL CALL
PRESENT -
ABSENT -
Murphy, Cavecche, Dumitru
Smith
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation was made to Shirley McNiel of Imprinted Memories in recognition of a tile
wall mural donation to the Main Library expansion.
The Miss Orange 2007 Finalists were introduced.
Nora Jacob, Library Services Director, announced that prizes given out during the
Library's Summer Reading Club have been recalled due to lead content and asked
anyone with these prizes to return them to the Library. Contact Phone No. 714-288-2474.
2. PUBLIC COMMENTS - None.
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 20 and July 25, 2006.
ACTION:
Approved.
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CITY COUNCIL MINUTES
August 8, 2006
3. CONSENT CALENDAR (CONTINUED)
3.2 Request approval of City Council Minutes, Regular Meeting, July 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 Fifth Amendment to Landscape Maintenance Services Contract with Azteca
Landscape for Fiscal Year 2006-2007. (A2100.0 Agr-4023.5)
SUMMARY: The Water Division currently has a contract with Azteca Landscape for
landscape maintenance at all water facilities. The term of the contract is for one year, and
the City has the option to exercise contract renewals through 2007. As such, staff is
recommending that the contract be extended for the remaining term beginning July I,
2006 through June 30, 2007.
ACTION: Approved Fifth Amendment to Landscape Maintenance Services Contract
with Azteca Landscape in the amount of$73,981.57.
FISCAL IMPACT: Funds are budgeted and available in account number:
600-8041-42430 I $73,981.57 Landscape Maintenance
3.5 Modification of Agreement with the City of Orange Public Library Foundation
concerning a fund raIsing opportunity during the 2006 International Street Fair.
(A2100.0 Agr-3580.C)
SUMMARY: This action modifies an Agreement to allow the non-profit Library
Foundation to operate pay parking lots once again on three areas of designated City
property during the International Street Fair. Cost per parking stall or per vehicle will be
$10.00.
ACTION: Modified Agreement with the City of Orange Public Library Foundation to
operate pay parking lots at $10.00 per parking stall or per vehicle in three areas of
designated City property during the 2006 International Street Fair.
FISCAL IMPACT: Because the Library Foundation will reimburse the City for staff
costs (if any) associated with the use of the parking lots as a fundraiser, there is no fiscal
impact.
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CITY COUNCIL MINUTES
August 8, 2006
3. CONSENT CALENDAR (CONTINUED)
3.6 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.
b.
Patricia Cabada
Frank Gutierrez
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.7 Award of Contract - Bid No. 067-08; Chapman Avenue/Yorba Street Critical
Intersection Widening (S.P. 3431). (A2100.0 Agr-4944)
SUMMARY: Bids for Chapman Avenue/Yorba Street Critical Intersection Widening
Project were received and opened on July 27, 2006. Three (3) bidders responded to the
Notice Inviting Bids. The apparent low bidder is All American Asphalt of Corona, CA for
$916,303.00.
ACTION: Awarded the contract in the amount of $916,303.00 to All American Asphalt
and authorized the Mayor and City Clerk to execute on behalf ofthe City.
FISCAL IMPACT: Funds are budgeted and available in the following accounts:
272-5011-483300-3023
285-5011-483300-3023
550-5011-483300-3023
$ 93,159.49
$ 220,000.00
$ 698.865.21
Gas Tax 2105
TSIP Area C
Combined Transp. Funding Program
Intersection Improvement Program
Total $1,012,024.70
DONATIONS
3.8 Donation from Parent Project Class No.4 to the Police Department Youth Services
Bureau's Parent Project. (C2500.K)
SUMMARY: Parent Project Class No.4 participants collected funds for use in future
classes of the Youth Services Bureau's Parent Project.
ACTION: 1) Accepted the donation of $200 from Class No.4, which has been
deposited into Account 100-4031-293900-2315; and 2) Appropriated $200 to Account
100-4031-441600-2315 (Miscellaneous Materials and Supplies-Parent Project).
FISCAL IMPACT: There will be no impact to the General Fund as funds have been
donated.
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CITY COUNCIL MINUTES
August 8, 2006
3. CONSENT CALENDAR (CONTINUED)
GRANTS
3.9 Assembly Bill (AB) 3229 grant money for funding of Police support personnel.
(C2500.K)
SUMMARY: AB 3229 makes funds available under the Citizen's Option for Public
Safety (COPS) Program in the Governor's budget. Revenue for the State COPS grant has
been steadily decreasing since the 2001-02 fiscal year. Therefore, this year three
positions (Armorer, Code Enforcement Officer and a Civilian Investigative Officer)
previously funded by State COPS grant funds, have been transferred to the General Fund.
The City of Orange anticipates receiving $190,000 of these funds and proposes to fund
one Crime Prevention Specialist and two part-time Civilian Investigators. These
positions enhance the Police Department's ability to place sworn Police Officers in the
field.
ACTION: When received, allocated the FY 2006 COPS grant award to fund one full-
time and two part-time civilian positions through June 30, 2007.
FISCAL IMPACT: Since 1997, the City of Orange has received funds through the COPS
grant program. These funds have been placed in a separate fund (354 ~ AB 3229
Supplemental Law Enforcement Services) and cannot be transferred to or intermingled
with other funds, except to facilitate appropriation and expenditures by the statute.
Interest earnings in Fund 354 will also be allocated to payroll expenditures for the three
positions. The anticipated award of $190,000 will support the allocation plan and the
approval does not require a budget adjustment.
RESOLUTIONS
3.10 RESOLUTION NO. 10105 (A4000.0 APP-507-06)
A Resolution of the City Council of the City of Orange denying Conditional Use Permit
2541-05 to allow the installation of a 55-foot Wireless Communications Mono-pine
Antenna and related equipment facilities and upholding Appeal No. 507-06 of the
Planning Commission's prior approval of same.
Applicant: Cingular Wireless
ACTION: Approved.
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CITY COUNCIL MINUTES
August 8, 2006
3. CONSENT CALENDAR (CONTINUED)
3.11 RESOLUTION NO. 10106 (A4000.0 APP-508-06)
A Resolution of the City Council of the City of Orange denying Conditional Use Permit
No. 2587-06 for a Type 21 License (Off-Sale General) for the Sale of Beer, Wine, and
Distilled Spirits at a Liquor Store and Market, located at 655 South Main Street, No. 240.
Applicant: Kamran Mirdamadi (Meridian Liquor & Market)
ACTION: Approved
3.12 RESOLUTION NO. 10109 (C2500.M.16.2)
A Resolution of the City Council of the City of Orange approving Tentative Parcel Map
No. 2005-312 and Minor Site Plan Review No. 0445-06 to allow the subdivision of one
parcel into five within an industrial zone, where two of the five lots will not have direct
access to a public street, and where one parcel has an access obstruction restricting entry to
required parking areas at 1402-1424 North Batavia Street and 1130 West Trenton Avenue.
Applicant: Burnham USA
ACTION: Approved
3.13 RESOLUTION NO. 10110 (C2500.M)
A Resolution of the City Council of the City of Orange expressing appreciation to Joyce
Hansen, Public Works Department Administrative Secretary, for more than fifteen years
of loyal and dedicated service to the City of Orange.
ACTION: Approved
3.14 RESOLUTION NO. 10107 (C2500.G.12)
A Resolution of the City Council of the City of Orange expressing appreciation to Linda
Morgan of the Finance Department and commending her for more than seventeen years
of dedicated service to the City of Orange.
ACTION: Approved
MOTION - Cavecche
SECOND - Dumitru
AYES - Murphy, Cavecche, Dumitru
ABSENT - Smith
All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES
August 8, 2006
4. REPORTS FROM MAYOR MURPHY
4.1 Accept resignation of Oz Enderby from the City of Orange Planning Commission,
effective August 7, 2006. (C2500.G.2.5.1)
MOTION - Cavecche
SECOND - Dumitru
AYES - Murphy, Cavecche, Dumitru
ABSENT - Smith
Moved to accept the resignation of Oz Enderby from the City of Orange Planning Commission,
effective August 7,2006.
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS - None.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS - None.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed to a Closed Session at 4:55 p.m. for the following purposes:
a. Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section
54956.9(a):
1) City of Orange v. Jeffrey Hambarian, Orange County Superior Court Case No.
807419.
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.
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CITY COUNCIL MINUTES
August 8, 2006
12. ADJOURNMENT - The City Council adjourned at 5:20 p.m.
There was no 7:00 p.m. Session.
The next Regular Council meeting is scheduled for August 22, 2006.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular
meeting of August 8, 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.
~~c<~~
. MURPHY
CITY CLERK
~~~~
MAYOR
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