3/13/2007 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON MARCH 27, 2007
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 13,2007
The City Council of the City of Orange, California convened on March 13, 2007 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 John Adams, Christian Businessmen's Committee
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Carolyn Cavecche
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation to Santiago Canyon College Women's Soccer Team, State Champions.
Presentation to City employee, Joe Chavez, for his heroic efforts.
Announcement of wireless public access at the EI Modena and Taft branch libraries by
Library Services Director Nora Jacob.
2. PUBLIC COMMENTS
Kathy Ashford, Windes Drive, spoke on the recent Windy Ridge fire; and suggested a
citizens' committee to work with the City to help prepare for disasters.
Andrew Ashford, Windes Drive, spoke on fire danger in East Orange.
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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 February 15 and 22, 2007.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of February 27, 2007.
(C2500.D.4)
ACTION:
Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 Investment Oversight Committee Report for period ending February 28, 2007.
(OR1800.0.27.16)
ACTION:
Received and filed.
AGREEMENTS
3.5 Permit and Agreement with CHOCO Realty Corporation for the construction,
operation, use and maintenance of a pedestrian bridge over West La Veta Avenue.
(A2100.0 Agr-5042)
NOTE: Councilmember Bilodeau abstained on this item because of a possible conflict
of interest due to employment.
SUMMARY: CHOCO Realty Corporation, the owner of the Children's Hospital of
Orange County (CHOC), is applying for a permit to construct, operate, use and
maintain a pedestrian bridge from a new parking structure constructed by CHOC on the
south side of West La Veta Avenue over the street right-of-way to the Children's
Hospital.
ACTION: Approved the terms of the Permit and Agreement; authorized and directed
the Mayor and City Clerk to execute the Permit and Agreement on behalf of the City,
and record in the Official Records of the County of Orange.
FISCAL IMPACT: None.
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3. CONSENT CALENDAR (Continued)
3.6 First Amendment to Agreement with VisionAIR for Police Department's
CAD/RMS/Mobile systems. (A2100.0 Agr-3217.E.l)
SUMMARY: The City and VisionAIR have entered into Agreement No. 3217.E for
provision of annual maintenance of the Police Department's CAD/RMS/Mobile
systems. The State of California has made funds available to all localities for the
purchase of GIS mapping systems. The cost of this system from VisionAIR is
$40,060.3 7. All costs will be reimbursed by the State of California.
ACTION: Approved First Amendment to Agreement No. 3217.E with VisionAIR and
authorized the Mayor and the City Clerk to execute the agreement on behalf of the
City; and appropriated $40,060.37 to account 100-4011-427800 for the purchase of the
mapping system.
FISCAL IMPACT: Upon appropriation, funds will be available to cover the cost of the
agreement as follows:
100-4011-427800 Administration-Other Contractual Services $40,060.37
3.7 Cooperative Agreement between the City of Orange and the Orange Unified
School District for the realignment and widening of Cannon Street and
improvements to Linda Vista Elementary School Parking Lot. (A2100.0 Agr-
5043)
SUMMARY: The Cooperative Agreement between the City of Orange and the Orange
Unified School District establishes the respective responsibilities of each agency for the
widening of Cannon Street and the improvements to the Linda Vista Elementary School
Parking Lot. The Public Works Department has been in negotiations with the Orange
Unified School District to provide parking lot improvements to Linda Vista Elementary
School in exchange for a 20-foot strip of the parking lot needed for the roadway
widening project.
ACTION: Approved the Cooperative Agreement and authorized the Mayor and City
Clerk to execute the agreement on behalf of the City.
FISCAL IMPACT: There will be no cost for filing the Grant Deed with the County for
the Orange Unified School District parcel. Construction costs for the parking lot
improvements will be part of the roadway widening project.
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3. CONSENT CALENDAR (Continued)
3.8 First Amendment to System Procurement Agreement with Intellitime Systems
Corporation. (A2100.0 Agr-4572.1)
SUMMARY: Approve First Amendment to Agreement with Intellitime Systems
Corporation in order for the City to acquire badge reader equipment for use at the
Corporation Yard, and upgrade to an enhanced version of the Time and Attendance
software so the City can automate its manual supplemental time sheets into the system.
ACTION: Approved the First Amendment to System Procurement Agreement with
Intellitime Systems Corporation at a cost not to exceed $17,405 (Badge Reader -
$10,655; Software Upgrades - $6,750); and Approved a transfer in the amount of $17,405
from the Financial Management Information System Replacement account (790-1601-
481303-9642) to the Intellitime Time and Attendance account (790-1601-481303-9643).
FISCAL IMP ACT: After the transfer, adequate funds will be available.
BIDS
3.9 Bid No. 067-39; SP-3595 Fiscal Year 2006-07 Phase II Annual Street Maintenance
Program - Slurry Seal at Various Locations. Approval of Plans and
Specifications and authorization to advertise for bids. (S4000.S.7)
SUMMARY: Plans and specifications have been completed for the annual slurry seal
of miscellaneous City streets under the Street Maintenance Program, Phase II. The
Project is ready to be advertised. Construction cost is estimated at $250,000.
ACTION: Approved plans and specifications and authorized advertising for bids for the
FY 06-07 Phase II Street Maintenance Program - Annual Slurry Seal at Various Locations.
FISCAL IMPACT: Funds are available in Operating Budget and Capital Improvement
Project, in the following account:
262-5011-483300-3120 Local Street Maintenance-Measure M Turnback $250,000
3.10 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. Michael Ginger
b. Amy Luedeke
c. Stanley P. Halliday
d. County of Orange (related to Grumbach lawsuit)
e. Jillian Warmack
f. Estate of Brian Boydston, et al.
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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3. CONSENT CALENDAR (Continued)
CONTRACTS
3.11 Award of Contract - Bid No. 067-23; Well 26 Electrical Equipment Installation &
Site Plans. (A2100.0 Agr-5044)
SUMMARY: This contract authorizes the construction of a utility building and
installation of electrical equipment along with paving, fencing, and landscaping for the
well site. Arnaz Engineering Contractor of Anaheim is the lowest responsible bidder
for this project with the bid amount of $433,000.00. The engineering cost estimate is
$480,000.00.
ACTION: Transferred $373,000.00 from Account No. 601-8011-484102-8223
(Serrano Pump Station) to Account No. 601-8011-484101-8118 (Well 26
Construction); and Awarded the contract to Arnaz Engineering Contractor, Inc. of
Anaheim and authorized the Mayor and the City Clerk to execute the agreement on
behalf of the City.
FISCAL IMPACT: After transfer, funds are available to cover the cost of the contract.
3.12 Contract Change Order No.1 and Final for Bid No. 067-18 - Orange Police
Headquarters Bollard Protection System. (A2100.0 Agr-4992)
SUMMARY: This contract change order is the result of adding six more bollards after
going out to bid. The addition of these bollards was necessary to insure a high level of
security for the entire Police Headquarters. This change order will increase the cost of
the project in an amount of $6,500, bringing the project total cost to $33,100.00.
ACTION: Approved Contract Change Order No. I in the amount of $6,500 to Allied e.
Corporation, 18001 Cowan, Suite L, Irvine, CA 92614; and appropriated $9,314.00
from unreserved General Fund balance to account 100-4081-471200-2317.
FISCAL IMPACT: Upon appropriation, funds are available. in the following account:
100-4081-471200-2317 $ 9,314.00
3.13 Final Acceptance of Bid No. 067-01; Cambridge Street Rehabilitation AHRP
Project from ST-22 to La Veta Avenue & Collins Avenue to Adams Avenue.
(No Staff Reoort Reauired) (A2100.0 Al!r-4995)
SUMMARY: Bid No. 067-01, for Cambridge Street Rehabilitation AHRP Project
from SR-22 to La Veta Avenue & Collins Avenue to Adams Avenue. Staff
recommends acceptance of this project.
ACTION: Accepted improvements and authorized release of Travelers Casualty and
Surety Company of America of Connecticut Bond No. 104786674, in the amount of
$483,222.08.
FISCAL IMPACT: None.
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3. CONSENT CALENDAR (Continued)
3.14 Final Acceptance of Bid No. 067-16; Earlham Street Storm Drain Improvements.
(No Staff Reoort Reauired) (A2100.0 Agr-4998)
SUMMARY: Bid No. 067-16, for the Earlham Street Storm Drain Improvements.
Staff recommends acceptance of this project.
ACTION: Accepted improvements and authorized release of Fidelity and Deposit
Company of Maryland performance Bond No. 08872004, in the amount of
$142,650.00.
FISCAL IMPACT: None.
QUITCLAIM
3.15 Quitclaim of an old Santa Ana Irrigation Company (S.A.V.I.) easement at 192
North Cambridge Street. (D4000.0)
SUMMARY: This S.A.V.I. easement has been abandoned for many years and has
been offered to the property owners for their private use.
ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to Elmer
H. Holthus and Virginia H. Holthus for the S.A.V.I. easement located at 192 North
Cambridge Street.
FISCAL IMPACT: None.
MOTION - Dumitru
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Councilmember Bilodeau abstained on Item 3.5. All items on the Consent Calendar
were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR CA VECCHE - None.
5. REPORTS FROM COUNCILMEMBERS - None.
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6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS
7.1 Report from Public Works Director - Bid No. 067-36; SP-3591 Fiscal Year 2006-
07 Annual Street Maintenance Phase II - Asphalt Concrete Overlay at Various
Locations. Approval of Plans and Specifications and authorization to advertise for bids.
(S400.0 S 7)
SUMMARY: Plans and specifications have been completed for the rehabilitation of
miscellaneous City streets under the Annual Street Maintenance Program, Phase II. The
Project is ready to be advertised. Construction cost is estimated at $2.064 million.
MOTION - Bilodeau
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to: I) Approve plans and specifications and authorize advertising for bids for the FY
2006-07 Annual Street Maintenance Phase II - Asphalt Concrete Overlay at Various Locations;
2) Transfer $135,744 from 340-5011-483300-3116 (TCR Highway Maintenance) to 340-5011-
483300-3120 for local street maintenance; and 3) Appropriate $216,880 from Fund 340 (TCR
fund) to 340-5011-483300-3120 for local street maintenance.
FISCAL IMPACT: Funds will be available in the following accounts upon appropriation and
transfer:
262-5011-483300-3120 Local Street Maintenance - Measure M Turnback $1,710,921
340-5011-483300-3120 TCRF $ 352,624
8. REPORTS FROM CITY MANAGER
Off Al!enda Item
Fire Chief Bart Lewis provided an update on the status and effects of the March II th Windy
Ridge fire, recognizing the team efforts of staff, outside agencies, the Police Department's
traffic control and evacuation efforts, and the public's cooperative response.
Council commended the efforts by City departments for their team effort with other agencies,
indicating this was a reminder for citizens to be prepared for the next emergency. Mayor
Cavecche commented on the use of the City's web site in disseminating information,
acknowledging that the website received 500,000 hits. Councilmember Bilodeau requested the
names of outside agencies to thank them for their assistance.
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8. REPORTS FROM CITY MANAGER (Continued)
8.1 Update on the status of the Chip Seal Project. (S4000.S.7)
Public Works Director Gail Farber reported that staff is in the process of reviewing findings
and recommendations from an outside consultant on this project, and will be meeting with the
contractor to discuss it. Staff will report back to Council at a later date with more information.
8.2
Report on Graffiti Removal Efforts City-wide. (C2500.M)
(TAPE 1600)
Public Works Director Gail Farber, and Police Chief Bob Gustafson provided an update on the
City's multi-disciplined approach to addressing graffiti, including enhanced community
outreach and public education; aggressive prosecution; and activities and efforts to enhance
eradication efforts.
Councilmember Smith requested that private schools be included in the education outreach.
Councilmember Bilodeau requested that the brochures also be published in other languages.
Mayor Cavecche stated that the utility companies not furnishing information on which utility
boxes they own should not be included in the voluntary program provision of Ordinance No.
16-06. She also indicated her support for looking at using additional contract staff to provide
a proactive service for graffiti removal.
Public Works Director Gail Farber stated that graffiti could be reported on the City's website
and hotline, as well as through e-mail.
9.
LEGAL AFFAIRS
(TAPE 2250)
9.1 ORDINANCE NO. 8-07 (FIRST READING) (A2500.0 Campaign Reform)
An Ordinance of the City Council of the City of Orange amending Chapter 2.10 of the Orange
Municipal Code relating to Campaign Reform.
Speaker - Shirley Grindle, suggested a continuance of this item for further review.
MOTION - Smith
SECOND - Dumitru
AYES - Smith, Murphy, Dumitru, Bilodeau
NOES - Cavecche
Moved to adopt contribution limits of $1,000 per general and special election cycles and $500
for recall elections.
Mayor Cavecche voted No, stating that she supports a maximum contribution limit of $800.
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9. LEGAL AFFAIRS (Continued)
MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 8-07 be read by title only and same was set for second reading by
the preceding vote.
Mayor Cavecche stated that she is opposed to a limit on how much a candidate can loan their
own committee, but voted to support this Ordinance.
MOTION - Smith
SECOND - Murphy
AYES - Smith, Murphy, Dumitru
NOES - Cavecche, Bilodeau
Moved to direct staff to bring back a report on the use of Legal Defense Funds for candidates.
MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy, Dumitru
NOES - Cavecche, Bilodeau
Moved to adopt a provision, to be included in the ordinance, requiring a person who publishes,
distributes or broadcasts a communication which constitutes an independent expenditure of
$1,000 or more in opposition to a City Candidate within the last 16 days before an election, to
notify the candidate being opposed in the communication at least 24 hours prior to the first
publication, distribution or broadcast of the independent expenditure communication.
Councilmember Bilodeau and Mayor Cavecche voted No, stating their concerns with
enforcement and suggested further review.
10. PUBLIC HEARINGS
10.1 CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY
(CSCDA) REVENUE BONDS FOR THE BENEFIT OF ST. JOSEPH HEALTH SYSTEM
(SJHS). (S3500.A.8.1)
Time set for public hearing to consider the financing and refinancing of six medical facilities
throughout California, including the construction, expansion, remodeling, renovation and
furnishings and equipping of St. Joseph Hospital, Orange and other health care facilities related
thereto, owned and operated by SJHS. The CSCDA is requesting that the City conduct a public
hearing on and approve the issuance of tax-exempt revenue obligations in an aggregate principal
amount not to exceed $495,075,000. Approximately $186 million of the proposed tax-exempt debt
is expected to be used for the Project known as St. Joseph Hospital and the system's office located
at 1100 W. Stewart Drive, 1000 W. La Veta, and 500 S. Main Street.
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10. PUBLIC HEARINGS (Continued)
The project will provide for the construction and reimbursement of previous expenditures for
the patient care center and cancer center.
NOTE: Councilmember Bilodeau abstained on this item because of a possible conflict of
interest due to employment, and left the dais.
MAYOR CA VECCHE OPENED THE PUBLIC HEARING.
Mayor Cavecche noted there were no written comments received.
Mr. Larry Ainsworth, CEO, St. Joseph Health System, provided a status report on the
construction at St. Joseph Hospital.
MAYOR CA VECCHE CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 10170
A Resolution of the City Council of the City of Orange approving the issuance of revenue
bonds by the California Statewide Communities Development Authority to benefit St. Joseph
Health System.
MOTION - Smith
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru
ABSTAINED (RECUSED) - Bilodeau
Moved to adopt Resolution No. 10170.
10.2 CONDITIONAL USE PERMIT NO. 2625-06 - SCHOOL PRIDE BINGO.
(C3300.0 CUP-2625-06)
Time set for a public hearing to consider request to operate bingo games on Wednesdays and
Saturdays from 6:00 p.m. to II :00 p.m. and shared parking at an existing industrial complex,
located at 1030-1032 N. Lemon Street.
NOTE: This project is categorically exempt from the prOVlSlons of the California
Environmental Quality Act per State CEQA Guidelines Section 15301 (Class I - Exemption).
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10. PUBLIC HEARINGS (Continued)
MAYOR CA VECCHE OPENED THE PUBLIC HEARING.
Mr. Jim Frize, Applicant, spoke in support ofthe proposal.
Michael Short, Orange High School Band Director, stated that the funds raised through the
Bingo program enhanced the Band's Scholarship program.
MAYOR CA VECCHE CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 10171
A Resolution of the City Council of the City of Orange approving Conditional Use Permit No.
2625-06 allowing bingo games (bingo hall facility) and a shared parking facility at the property
located at 1030-1032 North Lemon Street.
Applicant: Jim Frize, OUSD School Pride Bingo
MOTION - Dumitru
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to adopt Resolution No. 10171.
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
12. RECESS TO CLOSED SESSION - The City Council recessed at 6:30 p.m. to a
Closed Session for the following purposes:
a. Public Employee Performance Evaluation pursuant to Government Code Section 54957.
Title: City Attorney
b. Conference with Labor Negotiators pursuant to Government Code Section 54957.6:
City's representatives: City Manager John Sibley / Personnel Director Steven Pham
Personnel Manager Mike Harary
Employee Organization: Top Management
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.
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13. ADJOURNMENT - There was no 7:00 p.m. Session scheduled.
The City Council adjourned at 8:15 p.m. to an Adjourned Regular Meeting, Study Session, on
Tuesday, March 20 at 5:00 p.m. in the Weimer Room, to review 2007-2008 Budget Goals and
Workplans.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of March 13,2007 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; and
available at the Civic Center City Clerk's Office.
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CITY CLER,K.
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