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9/12/2006 - Council Minutes - CC Minutes Reg Meeting APPROVED BY THE CITY COUNCIL ON SEPTEMBER, 26, 2006 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING September 12, 2006 The City Council of the City of Orange, California convened on September 12, 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 I. OPENING 1.1 INVOCATION Given by Father Christopher Smith, Diocese of Orange at Marywood 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Teresa Smith 1.3 ROLL CALL PRESENT - Smith, Murphy, Cavecche, Dumitru ABSENT - None 1.4 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS Presentation by OCT A Director Bill Campbell- resolution for Councilmember Jon Dumitru in recognition of his work on the League of Cities' Measure M Super Committee. Presentation from Immanuel Lutheran Church to the Community Foundation of Orange - proceeds from annual Pancake Breakfast. Recognition of Library Teen Volunteers from the 2006 Summer Reading Program. Presentation of Memorial Adjournment Certificate to the family of Chuck See, long time Orange volunteer. 2. PUBLIC COMMENTS Sergio Sendowsky, spoke on an alleged Code Enforcement issue. Frank Elfend, submitted park plans on a proposal to name the Del Rio Sports Park - the Steve Ambriz Memorial Park. The City Council thanked Mr. Elfend for bringing forward a very fitting tribute to Steve Ambriz. The City Manager noted a formal proposal for this park will be agendized for a future meeting. Page I CITY COUNCIL MINUTES September 12,2006 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 August 17 and 24, 2006. ACTION: Approved. 3.2 Request approval of City Council Minutes, Regular Meeting of August 22, 2006 and Special Meeting of August 28, 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 First Amendment to Consultant Services Agreement with Carollo Engineers for the preparation of the Initial Distribution System Evaluation (IDSE). (A2100.0 Agr- 4886.1) SUMMARY: The City of Orange currently has a contract with Carollo Engineers to prepare the Water System Master Plan for the City's Water System. Staff recommends expanding the scope of work to include the preparation of the Initial Distribution System Evaluation (lOSE). The consultant fee for this task is $24,924.00. ACTION: Approved Amendment No. I to the Consultant Services Agreement with Carollo Engineers in the amount of $24,924.00 and authorized the Mayor and City Clerk to execute the Amendment on behalf of the City. FISCAL IMP ACT: Funds are budgeted and available in account number: 600-8011-426200 Engineering Services $24,924.00 3.5 First Amendment to Consultant Services Agreement No. 4323 with LPA Inc., for additional engineering and construction support services for the Main Library and History Center Expansion Project. (A2100.0 Agr-4323.1) SUMMARY: Amendment No. I will increase the scope of work to be completed by LP A, Inc., to add several tasks including but not limited to: Page 2 CITY COUNCIL MINUTES September 12,2006 3. CONSENT CALENDAR (CONTINUED) I) Performance of value engineering and revisions to the project plans and specifications and assistance to the City in re-bidding the project; 2) Revisions to project plans to accommodate electrical, mechanical and space requirements for the Radio Frequency Identification (RFIO) automated book-sorting system; 3) Revisions to doors and hardware plan to implement security requirements recommended by Crime Prevention and Library staff; and 4) Design revisions to tower plans to make accommodations for a possible cellular telephone provider. ACTION: Approved Amendment No. I to the existing LPA, Inc., Consultant Services Agreement and increased the contract amount by $67,453.00 and authorized the Mayor and City Clerk to execute the Amendment on behalf of the City. FISCAL IMP ACT: Funds are available in the following account: 500-2001-481200-990 I Main Library Expansion $67,453.00 3.6 First Amendment to Consultant Services Agreement No. 4717 with MTGL Inc., for additional special inspection and testing services for the Main Library and History Center Expansion Project. (A2100.0 Agr-4717.1) SUMMARY: Amendment No. I will allow the Consultant to continue to dispatch an ICBO certified inspector at the request of Contractor to the Project site to a) Inspect those items of work requiring Special Inspections, and b) Test and/or certify materials at the request of the Contractor and as indicated on the plans and in the specifications, and in the California Building Code. ACTION: Approved Amendment No. I to the existing MTGL, Inc., Consultant Services Agreement and increased the contract amount by $12,000.00 and authorized the Mayor and City Clerk to execute the Amendment on behalf of the City. FISCAL IMPACT: Funds are available in the following account: 500-2001-481200-9901 Main Library Expansion $12,000.00 3.7 Second Amendment to Consultant Services Agreement No. 4245 with IDS Inc. for additional construction management services for the Main Library and History Center Expansion Project. (A2100.0 Agr-4245.2) SUMMARY: Amendment No.2 will increase the scope of work for Integrated Design Services (IDS), Inc. to include: Participate in value engineering meetings and review of the project plans and specifications, and assist the City when the project was re-bid; and Coordinate revisions to tower plans with the architect and T-Mobile Wireless, and assist in obtaining building permits for structural and electrical modifications required by T- Mobile Wireless. Page 3 CITY COUNCIL MINUTES September 12,2006 3. CONSENT CALENDAR (CONTINUED) ACTION: Approved Amendment No.2 to the existing IDS, Inc., Consultant Services Agreement; increased the contract amount by $12,155.00 and authorized the Mayor and City Clerk to execute the Amendment on behalf of the City. FISCAL IMPACT: Funds are available in the following CIP account: 500-2001-481200-9901 Main Library Expansion $12,155.00 3.8 First Amendment to Consultant Services Agreement 4762 with KFM Engineering for additional design engineering services for the Main Street Widening project (SP 3541). (A2100.0 Agr-4762.1) SUMMARY: Amendment No. I will increase the scope of work to be completed by KFM Engineering to include the design and plan preparation of a new 12-inch water main to replace the existing 6-inch water main along Main Street from SR 22 to Chapman Avenue, which is in need of upgrade and replacement. ACTION: I) Appropriated $15,440.00 from Fund 601 Unreserved Fund Balance to 601- 8011-484501-3426 for design engineering services; and 2) Approved Amendment No. I to the existing KFM Engineering Consulting Service Agreement and increased the contract amount by $15,440.00 and authorized the Mayor and City Clerk to execute the Amendment on behalf of the City. FISCAL IMP ACT: Funds following account: 601-8011-484501-3120 are budgeted, and will be available upon transfer in the Water Capital Funds $15,440.00 3.9 First Amendment to an existing professional service contract with a private consulting firm, Willdan Associates, to perform the duties of Chief Building Official including administration and management of the building division including plan check, permit services, inspection and code enforcement. (A2100.0 Agr-4679.A.l) SUMMARY: The goal of the Building Division is to provide quality customer service at the public counter throughout the business day. The Department is experiencing a staff shortage with the absence of a Chief Building Official. The first amendment to the contract will augment this shortage with the use of a consultant through the end of January 2007. ACTION: Approved and authorized the Mayor and City Clerk to execute an amendment to an existing professional service contract with Willdan not to exceed an additional $57,000, for a total contract amount of $70,400.00. FISCAL IMPACT: Funds in the amount of $57,000 are available in the following account of the Plan Check Administration budget: 100-6033-427800 - Other Contractual Services. Page 4 CITY COUNCIL MINUTES September 12, 2006 3. CONSENT CALENDAR (CONTINUED) APPROPRIATIONS 3.10 Santiago Creek Bike Trail Bridge (C.I.P. No. 6102) fund appropriations. (C2500.N) SUMMARY: The Santiago Creek Bike Trail Bridge project is complete, however, additional funds are required for construction expenditures and staff time charges to close out the proj ect. ACTION: Authorized an appropnatlOn of $25,056.24 from unreserved Fund 511 (Quimby) to 511-7021-485100-6102 (Santiago Creek Biketrail Bridge) for construction expenditures and staff time charges. FISCAL IMPACT: After the appropriations are executed, sufficient funds will exist in the following account: 511-7021-485100-6102 Santiago Creek Biketrail Bridge $25,056.24 3.11 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. Gilbert Gamez b. Robert Korb c. Michael F. Konopka d. Robin J. Cassin ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.12 Award of Bid No. 067-04 and appropriation of funds for Landscape Maintenance Services of City Facilities and Public W orks Rights-of-Way and Medians. (A2100.0 Agr-2680.B) SUMMARY: Bids for full landscape maintenance services at City Facilities, Rights-of- Way, and Medians were received and opened on July 27, 2006. Pinnacle Landscape Company has been selected in the amount of $182,424. An appropriation request in the amount of $47,644 is necessary due to the increase of this contract over last year's contract. ACTION: Awarded Bid No. 067-04 in the amount of $182,424 to Pinnacle Landscape Company; authorized an appropriation from unallocated reserve fund 262 (Measure M) in the amount of $47,644 into account 262-5021-424301 (Landscape Maintenance); and authorized the Mayor and City Clerk to execute the contract on behalf of the City. Page 5 CITY COUNCIL MINUTES September 12,2006 3. CONSENT CALENDAR (CONTINUED) FISCAL IMP ACT: following accounts: 100-7022-424301 262-5021-424301 540-7022-424301 940-9800-427800 941-9800-427800 940-9800-424500 Upon the appropriation, sufficient funds are available in the Landscape Maintenance Landscape Maintenance Landscape Maintenance Other Contractual Services Other Contractual Services Other Maintenance Service Total: $86,964.00 93,168.00 1,152.00 233.16 114.84 792.00 $182,424.00 3.13 Award of Bid No. 067-05; Landscape Maintenance Services of City Parks. (A2100.0 Agr-4961) SUMMARY: Bids for full landscape maintenance services of fourteen park sites, additional litter pick-up at three of the larger park sites, and mowing only services at an additional four park sites were received and opened July 27, 2006. The selected bidder is Merchants Landscape Services, Incorporated in the amount of$395,988. ACTION: Approved and Awarded Bid No. 067-05 in the amount of $395,988 to Merchants Landscape Services, Incorporated; and, authorized the Mayor and City Clerk to execute the contract on behalf of the City. FISCAL IMPACT: Sufficient funds are available in the following account: 100-7022-427100 Other Contractual Services $395,988 3.14 Award of Contract - Bid No. 067-10; Annual Street Maintenance Asphalt Concrete Overlay/Reconstruction At Various Locations (SP-3565). (A2100.0 Agr-4962) SUMMARY: Bids for the Annual Street Maintenance Asphalt Concrete Overlay/Reconstruction At Various Locations Project were received and opened on August 17,2006. Four bidders responded to the Notice Inviting Bids. The apparent low bidder is R. J. Noble Company for $2,213,110. ACTION: Awarded the contract in the amount of$2,213,110.00 to R. J. Noble Company and authorized the Mayor and City Clerk to execute on behalf ofthe City. FISCAL IMPACT: Funds are budgeted, and available in the following accounts: 262-5011-483300-3120 340-5011-483300-3120 500-5011-483300-3120 Measure M Turnback Traffic Congestion Relief (TCRF) Capital Projects Total $1,999,979 600,000 L599,686 $4,199,665 Page 6 CITY COUNCIL MINUTES September 12, 2006 3. CONSENT CALENDAR (CONTINUED) 3.15 Award of Contract - Mechanical Systems Maintenance, FY 2006-07. (A2100.0 Agr- 4963) SUMMARY: The bids were received on June 22, 2006. Two bidders responded to the invitation for bids. The apparent low bidder is Systems XT, for $37,016.00. The Engineer's Estimate is $25,000.00. (A2100.0 Agr-4963) ACTION: Awarded a contract in the amount of $37,016.00 to Systems XT, 3855 E. La Palma, Suite No. 116, Anaheim, CA 92807, and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMP ACT: Funds are budgeted and available in the Capital Improvement Program, Public Works, Maintenance, in the following account: 100-5028-424203-0000 Public Works, Maintenance $37,016.00 3.16 Award of Contract - Bid No. 067-09; Taft Avenue and Glassell Street Storm Drain Improvements (D-146). (A2100.0 Agr-4964) SUMMARY: Bids for Taft Avenue and Glassell Street Storm Drain Improvements Project were received and opened on August 3, 2006. Five bidders responded to the Notice Inviting Bids. The apparent low bidder is Mike Prlich and Sons, Inc. ofEI Monte, CA for $773,321.60. ACTION: 1) Transferred $162,836.22 from 530-5011-483300-3058 (Orange-Olive Road Storm Drain) to 530-5011-483400-5324 for storm drain construction; 2) Transferred $105,441.05 from 262-5011-483300-3058 (Measure M Orange-Olive Road and Heim Avenue) to 262-5011-483400-5324 for storm drain construction; and 3) Awarded the contract in the amount of $773,321.60 to Mike Prlich and Sons, Inc. and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMP ACT: Funds are budgeted, following accounts: 262-5011-483400-5324 530-5011-483400-5324 550-5011-483400-5324 and will be available upon transfer in the Measure M Drainage Districts Taft Storm Drain Orange County Sanitation District Cooperative Projects $ 305,441.05 445,090.71 Total 100.122.00 $ 850,653.76 3.17 Final acceptance of Bid No. 056-22; SP-3542; Fuel System Upgrades at Corporate Yard and authorization to file Notice of Completion with the County Recorder ai!! staff report reQuired). (A2100.0 Agr-4836) SUMMARY: Fuel System Upgrades at Corporate Yard. The contractor on said job was Tafoya & Associate, Inc. Page 7 CITY COUNCIL MINUTES September 12, 2006 3. CONSENT CALENDAR (CONTINUED) ACTION: Accepted completion of work and improvements, and authorized release of retention funds, and authorized the Mayor and City Clerk to execute the Notice of Completion. FISCAL IMPACT: None. 3.18 Final Acceptance of Bid No. 056-35 Shaffer Park Improvements (No staff report reQuired). (A2100.0 Agr-4872) SUMMARY: Bid No. 056-35 Shaffer Park Improvements located at 1930 N. Shaffer Street; was completed and accepted by the City Council of the City of Orange on September 12, 2006. The contractor onjob was Hondo Company Inc. ACTION: Accepted and authorized the release of First National Insurance Company of America Bond number 6250835, in the amount of $168,740, and authorized the Mayor and City Clerk to execute the Notice of Completion. FISCAL IMPACT: None. 3.19 Contract Change Order No.1 for Bid No. 056-25; Orange-Olive Road and Heim Avenue Street, Storm Drain and Sewer Improvements Project (SP-3377). (A2100.0 Agr-4885) SUMMARY: This contract change order is a deductive change order. The change order is due to the deletion of the majority of the storm drain improvement. This change order will reduce the contract award amount by $241,140.04. ACTION: Approved Contract Change Order No.1 reducing amount of $241,140.04 from G.C.I. Construction, Inc., 245 Fischer Ave., No. B-3, Cost Mesa, CA 92626-4535, and authorized the Mayor and the City Clerk to execute on behalf of the City. FISCAL IMPACT: After approval of the Contract Change Order No.1, the total contract will be reduced by $241,140.04: 530-5011-483300-3058 Orange-Olive Rd.lHeim Avenue $162,836.22 Street Storm Drain and Sewer 262-5011-483300-3058 Measure M Orange-Olive Rd. and Heim Ave. $ 78,303.82 Street Storm Drain and Sewer Page 8 CITY COUNCIL MINUTES September 12,2006 3. CONSENT CALENDAR (CONTINUED) PURCHASES (REMOVED AND HEARD SEPARATELY) 3.20 Purchase oftwo Model Year 2006 Horton Ambulances on a sole source basis. (C2500.H) SUMMARY: Request that the City Council authorize the purchase of two Model Year 2006 Horton Ambulances from Leader Industries and specialized equipment for the ambulances from Horton on a sole source basis. The cost for each ambulance is $211,283.44 for a total expenditure of$ 422,566.88 for both units. Discussion - Responding to a question from Councilmember Dumitru regarding sole source vs. the bidding process, Fire Chief, Vince Bonacker explained that with chassis and braking system problems in previous vehicles, the department chose to invite vendors to provide test vehicles meeting more rigid standards, giving staff the opportunity to preview and drive the ambulances before making a decision. He indicated that the Horton model met the standards, along with having an identical operator compartment and patient treatment area as what is currently in use, giving the technicians continuity in the knowledge of the location of supplies which may at times, be a life-saving factor. In response to further questions from Councilmember Dumitru, regarding the wiring of the electrical system, the Chief added that he would provide a report back to the Council with details on the wiring issues. In addition, driving the larger vehicle on smaller streets and access areas, the Chief stated that these streets are currently driven on by the large Fire Pumper and Aerial Ladder trucks and any maneuverability issues will be addressed in mandatory driver training. Mayor pro tem Cavecche asked for a market analysis to be provided on any future purchases of this type. City Manager, John Sibley stated that the question on the electrical wmng will be addressed prior to a final purchase being made. MOTION - Dumitru SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Dumitru Moved to: 1) Authorize the transfer of $ 18,692.46 from 120-3021-481302-2350 (Fire Department cardiac monitor project) to 120-5023-472102 (Prop 172lPublic WorksNehicle Replacement); 2) Authorize the purchase of two Horton Ambulances, Model Year 2006 on a sole source basis from Leader Industries in the amount of $369,440.26; 3) Authorize the purchase of specialized equipment on a sole source basis from 911 Vehicle (warning lights & radios) in the amount of$18,702.66; Page 9 CITY COUNCIL MINUTES September 12, 2006 3. CONSENT CALENDAR (CONTINUED) 4) Authorize the purchase of specialized equipment on a sole source basis from Ward Diesel Filter Systems (diesel exhaust collection system) in the amount of $18,692.46; 5) Authorized the purchase of specialized equipment on a sole source basis from A-Z Bus Sales Inc. (brake retarder system) in the amount of $ 15,731.15; and 6) Authorized the City Manager to surplus the two old ambulances. FISCAL IMP ACT: After approval of the transfer, sufficient funds will be available as follows: 720-5023-472102 120-5023-472102 Public Works -Vehicle Replacement Public Works -Vehicle Replacement $403,874.42 $18,692.46 RESOLUTIONS 3.21 RESOLUTION NO. 10118 (C2500.I) A Resolution of the City Council of the City of Orange expressing appreciation to Beth Irish of the Orange Public Library and commending her for more than sixteen years of dedicated service to the City of Orange. ACTION: Approved. TRACT MAP 3.22 Tract Map No. 16786 - Request for approval (T4000.0 TRM-16786) SUMMARY: Tract Map No. 16786 creates one lot for 32 condominium units with private driveway access to Maple Avenue. The developer of this Tract, known as Depot Walk, is responsible for reconstruction of an existing 6-inch sewer main in Pixley Street to an 8-inch sewer main. ACTION: Approved the Final Tract Map No. 16786, which includes dedication of the easement for the right of access as shown on the Tract Map. FISCAL IMPACT: None. MOTION - Smith SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Dumitru Item 3.20 was removed and heard separately. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR Page 10 CITY COUNCIL MINUTES September 12, 2006 4. REPORTS FROM MAYOR MURPHY 4.1 Accept resignation of Jack Selman from the City of Orange Park Planning and Development Commission. (ORI800.0.10) MOTION - Murphy SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru Moved to accept, with regrets, the resignation of Jack Selman from the City of Orange Park Planning and Development Commission. 5. REPORTS FROM COUNCILMEMBERS - None. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Annual Review and approval of the Statement of Investment Policy (SIP) for Fiscal Year 2006-07. (ORI800.0.27.16.2) (See related Redevelopment Agency Minutes Item No. 5.1) SUMMARY: Per recommendations from the Investment Advisory Committee and the Investment Oversight Committee, it is proposed that no changes be made to the City's and Redevelopment Agency's Statement ofInvestment Policy with the exception of minor language changes to clarify portfolio investment limits in Section 3.lb. Discussion - Finance Director, Rich Jacobs stated that the minor language would allow for investment of 50% of the portfolio at the time of purchase; that this change is necessary due to market fluctuations; and that the City Treasurer, and the City's two investment committees are in agreement with the change. With this minor change, the City will always be in compliance with the policy. RESOLUTION NO. 10115 A Resolution of the City Council of the City of Orange approving and adopting a Statement of Investment Policy for Fiscal Year 2006-07. MOTION - Murphy SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru Moved to repeal Resolution No. 10032 and adopt Resolution No. 10115 adopting the Statement ofInvestment Policy for FY 2006-07. FISCAL IMPACT: None. Page II CITY COUNCIL MINUTES September 12,2006 7. ADMINISTRATIVE REPORTS 7.1 Report from Chief of Police - Purchase of Electronic Ticket-Writing hardware and software package for Motor Officers and Parking Control Officers from Advanced Public Safety (APS). (C2500.K) SUMMARY: The purchase of an electronic ticket-writing package will permit the direct download of citation data directly into the Department's CAD/RMS system and electronically forward citations to Central Court. This will eliminate the manual data-entry process currently in use and provide the most current data for Coplink and Compstat. MOTION - Murphy SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Dumitru Moved to: I) Appropriate $137,782 to Account 356-4041-471301 (State Asset Forfeiture- Traffic-Equipment) for the purchase of the electronic ticket-writing hardware and software package; and 2) Authorize the purchase of the electronic ticket-writing package from APS as a sole source vendor. FISCAL IMPACT: Unreserved fund balance is available in the State Asset Forfeiture account to fund this appropriation. After appropriation, funds in the amount of $137,782 will be available in account 356-4041-47130 I (State Asset F orfeiture- Traffic-Equipment) for the purchase. 7.2 Report from Chief of Police - Police Department's request to reverse FY 05-06 programmed savings to cover General Fund overages due to increased overtime costs. (C2500.K) SUM:MARY: In FY 05-06, the Police Department experienced a 34% increase to its overtime budget from FY 03-04. This was primarily due to FLSA regulations regarding how training time is paid, POST-mandated training, and an increase in department-wide training requirements. To cover the General Fund overage in overtime, the Department is requesting $495,000 be reversed from programmed savings. Discussion - Finance Director, Rich Jacobs reported that the MOU language was changed last year to reflect FLSA regulations for payment of training hours at the time-and-a-halfrate. Mayor Murphy reiterated the change is a result of how the training hours are paid based on FLSA which accounted for 85% of the increase costs. He also commended the aggressive outreach efforts occurring to recruit qualified officers, adding that the training served to enhance their qualification to ensure the City's safety. Mayor pro tern Cavecche asked if the current budget needed amending to reflect this new pay rate; and that at the passing of the current budget, she had requested a six-month review of staffing levels, adding that it is important to keep officers trained and on the street. Page 12 CITY COUNCIL MINUTES September 12, 2006 7. ADMINISTRATIVE REPORTS (Continued) City Manager, John Sibley responded that the current budget is being analyzed and that at the mid-year budget review an appropriation will be requested, if needed at that time. He added that the Police Department is able to reassess the scheduling of training and determine how to best control the overtime costs. MOTION - Cavecche SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru Moved to authorize the reversal ofFY 06 programmed savings from the following: 100-4031-410000-0004 $200,000 General Fund/Programmed Salary Savings 100-4041-410000-0004 $295,000 General Fund/Programmed Salary Savings FISCAL IMPACT: Sufficient funds exist in the unreserved balance of the General Fund to support this appropriation. 7.3 Report from Economic Development Director - Authorization for the Orange Redevelopment Agency to purchase an unimproved parcel of surplus real property on Manchester Avenue from the Orange County Transportation Authority. (A2100.0 Agr- 4965) (See related Redevelopment Agency Minutes Item No. 7.1) SUMMARY: The adoption of Resolution No. 10116 requests the Orange Redevelopment Agency to purchase from the Orange County Transportation Authority an unimproved parcel of surplus real property on Manchester Avenue. This action is required since a portion of the parcel is located outside the Orange Merged and Amended Redevelopment Project Area. Discussion - Senior Project Manager, Lisa Kim reported that the parcel of land had been appraised at $69,000 and that 1,500 square feet of it is in the City of Anaheim. She reported that there are no plans to annex the portion from Anaheim, as the annexation cost is approximately $8,000; however, this portion in Anaheim will be used for landscaping, which will help to eliminate any problems associated with law enforcement jurisdictions. RESOLUTION NO. 10116 A Resolution of the City Council of the City of Orange requesting the Orange Redevelopment Agency to acquire an unimproved parcel of surplus real property generally located north of Chapman Avenue on the east side of Manchester Avenue from the Orange County Transportation Authority. Page 13 CITY COUNCIL MINUTES September 12,2006 7. ADMINISTRATIVE REPORTS (Continued) MOTION - Cavecche SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru Moved to adopt Resolution No. 10116. FISCAL IMP ACT: This purchase will be funded utilizing Orange Redevelopment Agency funds and, therefore, there is no fiscal impact for the City of Orange. 8. REPORTS FROM CITY MANAGER - None. 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 03-06 (SECOND READING) (A2500.0 Ord-03-06) An Ordinance of the City Council of the City of Orange Amending Chapter 2.55 of the Orange Municipal Code Relating to General Provisions for City Council Created Committees. MOTION - Dumitru SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru Moved that Ordinance No. 03-06 be read by title only and same was approved and adopted by the preceding vote. 9.2 ORDINANCE NO. 13-06 (SECOND READING) (A2100.0 Agr-4545.2) An Ordinance of the City Council of the City of Orange approving a Second Amendment to Development Agreement by and between the City of Orange and CA-The City Limited Partnership for development projects on the City Plaza Two site and the 605 Building site, which are located north of Metropolitan Drive and East of Lewis Street (605 S. Lewis Street and One City Blvd. West). MOTION - Cavecche SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru Moved that Ordinance No. 13-06 be read by title only and same was approved and adopted by the preceding vote. Page 14 CITY COUNCIL MINUTES September 12,2006 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 5:40 p.m. to a Closed Session for the following purposes: a. Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.0(a): I) City of Orange v. Jeffrey Hambarian, Orange County Superior Court Case No. 807419. 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 City Council adjourned at 6:45 p.m. There was no 7:00 p.m. Session. The next Regular City Council Meeting is scheduled for September 26, 2006. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of September 12, 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. MURPHY CITY CLERK /J1 MARK A. MURPH MAYOR Page 15