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3/27/2007 - Council Minutes - CC Minutes Reg Meeting APPROVED BY THE COUNCIL ON APRIL 10,2007 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA March 27, 2007 The City Council of the City of Orange, California convened on March 27, 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 Reverend Nina Merkle, First Christian Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor pro tern Jon Dumitru 1.3 ROLL CALL PRESENT - ABSENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Renewed Measure M: Update and Next Steps - Orange County Transportation Authority (OCTA) Director and 3rd District Supervisor, Bill Campbell. Mothers Against Drunk Driving (M.A.D.D.) presentation of Annual Deuce Awards to Police Officers who have arrested a significant number of drunk drivers: Officer Augie Rocha, Officer Kirk Salmon and Officer Damon Allen; and recognition to Century Award recipients: Officer Trevor Cullen, Officer Jennifer Amat and Officer Armando Plascencia. Presentation of Resolution to Detective Steve Booze on his retirement. Presentation of Employee Service Awards. 2. PUBLIC COMMENTS - Cathy Seelig, Friendly Center, spoke on Friendly Center programs. Rae Shirer, Orange Sunrise Rotary, spoke on the Orange Plaza Classic Car Show on April 22nd and Rotary programs. Heather Lykins, Chapman University, spoke on Chapman University's Community Appreciation Day on April 28th. Palre 1 CITY COUNCIL MINUTES March 27, 2007 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 March 1 and 8, 2007. ACTION: Approved. 3.2 Request approval of City Council Minutes, Regular Meeting of March 13, 2007 and Adjourned Regular Meeting of March 20, 2007. (C2500.D.4) 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 February 28, 2007. ACTION: Approved. AGREEMENTS 3.5 Amendment No.4 to Agreement No. CP-0130 (AGR-4019) Taft Avenue and Glassell Street Storm Drain Improvements (D-146) between the City of Orange and the Orange County Sanitation District under the Cooperative Projects Program. (A2100.0 Agr-4019.4) SUMMARY: Amendment No.4 extends the term of the agreement's overall completion from February 1, 2007 to August 1, 2007 in order to allow the City to satisfY all terms and conditions of the Agreement. ACTION: Approved Amendment NO.4 to the agreement between the City of Orange and the Orange County Sanitation District for the Taft Avenue and Glassell Street Storm Drain Improvement Project and authorized the Mayor and City Clerk to execute the Amendment on behalf of the City. FISCAL IMPACT: No fiscal impact. Funds have been previously appropriated for the project. Palre 2 CITY COUNCIL MINUTES March 27, 2007 3. CONSENT CALENDAR (Continued) 3.6 Award of Professional Services Agreement to Jubany-NAC Architecture to conduct the Site Utilization Study on the building located at 145 S. Water Street. (A2100.0 Agr-5046) SUMMARY: This agreement authorizes the consultant to evaluate and prepare the Site Utilization Study on the existing building. The scope of work includes evaluating the existing building conditions, preparing a Space Study with conceptual plans, parking and traffic circulation assessment, security fencing plan, and studying the impacts of this proposed project on the current Water Plant Headquarters. ACTION: Approved the Agreement with Jubany-NAC Architecture and authorized the Mayor and the City Clerk to execute the Agreement on behalf of the City. FISCAL IMPACT: Funds are budgeted and are available to cover the cost of the agreement as follows: 601-8041-481102-8935 Water Plant Warehouse Replacement $33,353.00 (REMOVED AND HEARD SEPARATELY) TAPE 1250 3.7 Agreements with the County of Orange for an Easement Deed and Maintenance at Irvine Regional Park and Peters Canyon Regional Park. (A2100.0 Agr-5049; 5050) SUMMARY: The County of Orange has prepared and executed Easement and Maintenance Agreements for City of Orange Storm Drain Facilities in Irvine and Peters Canyon Regional Parks. The facilities are to be constructed by The Irvine Company as part of the East Orange area development. Upon completion of construction the City of Orange will be responsible for operation and maintenance of the facilities. The following people spoke in opposition: Sherry Meddick - submitted comments for the record Anthony Richards - submitted photo and comments for the record Theresa Sears Marni Magda Dave Chittendon Ann DeVaney David Sonneborn Laura Thomas Carolyn Aliotta Robert Siebert Scott Breeden Carolyn Noble Jack Eicht Toni Encheff - submitted comments for the record Ed Amador Mark Sandford Tom Davidson Palre 3 CITY COUNCIL MINUTES March 27, 2007 3. CONSENT CALENDAR (Continued) City Attorney, David DeBerry, stated that the item before the Council was to consider the granting of an easement over an access road to operate and maintain the storm drain facility. He stated that the design and impacts of the facility are not before the Council, and that for the most part the Environmental Impact Report (EIR) on the East Orange project had addressed issues raised by the public speakers with regard to the facility's design, biological, water quality, and storm water impacts. He reiterated that the access easement was the only issue to take action on. Mr. DeBerry addressed concerns raised by the speakers: Whether the granting of the easement is subject to the Public Park Preservation Act, and whether it constitutes an abandonment of park property was the County's call because the County owns it. However, Mr. DeBerry noted that when the City Council approved the Runoff Management Plan (ROMP) by Resolution No. 10020, it made a finding that the storm drain facility and the acquisition of the access easements were consistent with the Preservation Act. Mr. DeBerry noted that the storm drain facility would not replace parkland with non- park uses, but rather because the area in the park in which the storm drain facility is sited was a part of the park which is a flood plain and retarding basin, that it simply replaces current park uses with similar park uses. He added that this finding was never challenged and the time to challenge the finding has passed. Whether or not the County got fair compensation is not an issue before the Council. He noted that the Council found in Resolution No. 10020 that The Irvine Company agreed to donate three separate lots, directly adjoining the park and to preserve the lots as natural open space. He added that the City Council specifically found that this compensated for and replaced any parkland necessary for the ROMP easements. The nature of the facilities and the impacts on Irvine Regional Park were discussed thoroughly in the Supplemental EIR/EIR and the ROMP which were prepared for the East Orange project and Santiago Hills II, including dry water runoff, storm water runoff, water quality and biological impacts. No objections were made to this storm drain facility. The facility is part of the ROMP which was endorsed by the Orange County Coast Keepers-a non-profit watch group dedicated to protecting marine habitats and wetlands from pollution. It was noted in the EIR that the project design features in the drainage plan of the ROMP will reduce sheet flow of water through Irvine Park, because it is designed to reduce the amount of water runoff into the improved areas of the park by depositing it north of the park into Irvine Lake and on the south end of the park into the storm drain facility/retarding basin. Under the current conditions, sheet flows sometimes cause damage to the improved areas of the park and this facility is designed to actually reduce the damage. Palre 4 CITY COUNCIL MINUTES March 27,2007 3. CONSENT CALENDAR (Continued) Various aspects of the ROMP were challenged in a case brought against the City and The Irvine Company by the Sierra Club, including a contention that the ROMP was inconsistent with various applicable general and regional water quality plans. No specific challenge was brought against this storm drain facility. The court found in favor of the City and The Irvine Company, stating that the water quality analysis complies with CEQA, the SEIR/EIR complied with the requirement to discuss any inconsistencies between the proposed project and applicable General Plan or required plans as they relate to water quality. The City Attorney further noted that the SEIR/EIR discussed project compliance with Orange County Drainage Area Management Plan, with the City's local implementation plan, the Santa Ana Basin Plan and the public storm drain permit known as MS4 Permit. Questions about the inadequacy of the ROMP and whether it was properly circulated were raised in prior public hearings and in the legal action. The EIR approved and certified the ROMP, which included the storm drain facility. The contention of inadequate circulation of the EIR was raised by the Sierra Club in its lawsuit and the court found that the allegation was unmeritorious and that the City exceeded the circulation requirements under CEQA. Mayor Cavecche asked about the maintenance costs and why the City is responsible for the maintenance ofthe facility. City Manager, John Sibley stated the City will need to augment the maintenance budget at some point in future years, similar to other City facilities, adding that the facility will serve the residents ofthe Santiago Hills II and new project areas of the development. Councilmember Smith asked about the concern for health and safety. She questioned the danger to park-goers in the event of a huge storm; who monitors the water flow and determines whether or not people and animals need to leave-asking who is responsible for making that call and keeping them out. Public Works Director, Gail Farber stated that the Public Works Department performs pre-storm and storm inspections and that Irvine Regional Park practices these inspections as well. Orange County Resources & Development Management Department Director, Bryan Speegle, stated that the County has spent years on the ROMP's plan for the storm drain outlets and that the County was involved in the design of this facility and is one of the responsible agencies in the EIR. He added that the facility is located at the Villa Park Dam Reservoir which is for flood control purposes and the storage area for Santiago Creek. He reiterated the principle use of the property has always been the reservoir. He indicated that the danger to the public is inherent when the area fills with water, Palre 5 CITY COUNCIL MINUTES March 27,2007 3. CONSENT CALENDAR (Continued) whether or not this facility is built. He stated that the County Flood Control District operates the dam and they are responsible for ensuring the safety of the public, as well as the County Harbors, Beaches and Parks. He reiterated that this area is not Old Irvine Park, but is the Villa Park Reservoir and its purpose is to store water. Mr. Speegle addressed further questions from the Council stating that there is a small amount of fencing at the top of the outlet structure, but otherwise is not necessary; the stilling pond is designed with a gradual decline and fills with silt; and the rangers shut down the park when there is a danger present. He further stated he was not aware of any trees in this area that would be affected. Public Works Department Engineering Manager, Roger Hohnbaum, responding to questions from Council, stated that the improvements will help correct problems on Jamboree Road; being able to access the Peters Canyon Park area to clean out channels will alleviate flooding; large developments pick up drainage from dedicated roadways and rights-of-way using the facilities-when these public improvements are accepted by the City, acceptance of the maintenance goes with it; the facility is not a sewer, and that the water generated by the outlets is treated through the large treatment areas, which includes a secondary settling basin, and discharged as storm water runoff; the settling basins are in the development, not in the park; and the roadway material will remain earth, using native materials that will visually blend in. Mr. Brian Austin, Irvine Company Representative, speaking to landscaping plans, stated that any concrete or rip rap required will be stained to a natural color and Eldeberries will be planted to screen the facility from the homes above it and the trail. Councilmember Smith stated that this issue is all about balance and having to look at what is good for the entire community. These agreements are being offered because the East Orange development has already been decided. She added that there will never be homes built in this flood inundation area, there will be more plantings, the trails are retained and the water quality will improve. She noted that the Council will hold The Irvine Company to build everything to the exact specifications as approved. Mayor pro tern Dumitru noted that the water is being directed into a geographical area designed for it. Councilmember Murphy stated that the issue before the Council is strictly approval of the agreements, and that this will improve the quality of the water and better manage it than the current operation. Palre 6 CITY COUNCIL MINUTES March 27,2007 3. CONSENT CALENDAR (Continued) MOTION - Cavecche SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Moved to 1) Find that the proposed Agreements with the County of Orange for an easement deed and maintenance agreement at Irvine Regional park and Peters Canyon Regional Park have been covered in the Santiago Hills II / East Orange Planned Community Supplemental EIR 1278 / EIR 1716 previously certified by the City of Orange on November 8, 2005; 2) Approved Easement Deed and Maintenance Agreement for the storm drain and stilling basin within Irvine Regional Park and authorized Mayor and City Clerk to execute on behalf of the City of Orange; and 3) Approved Easement Deed and Maintenance Agreement for the storm drain and outlet structure within Peters Canyon Regional Park and authorized Mayor and City Clerk to execute on behalf of the City of Orange. FISCAL IMP ACT: Construction of facilities are at no cost to the City and are borne by The Irvine Company as a condition of development of the East Orange area project. Funding for maintenance of facilities is to be accommodated by existing maintenance funding. BIDS 3.8 Project No. SP 3596: Approval of plans and specifications and request authorization to advertise for bids for fuel system upgrades at the Water Yard, installation of new above ground storage tanks at Fire Stations No. 7 and Police Sub-station, and removal of outdated tanks at the Police Headquarters and Fire Station No.5. (C2500.M) SUMMARY: Plans and specifications have been completed for fuel system upgrades at the Water Yard, installation of new above ground storage tanks at Fire Stations No.7 and Police Sub-station, and removal of outdated tanks at the Police Headquarters and Fire Station No.5. The project is ready to be advertised for bids. The estimated construction cost is $500,000 including contingencies and administration. ACTION: Approved plans and specifications and authorized advertising for bids for fuel system upgrades at the Water Yard, installation of new above ground storage tanks at Fire Station NO.7 and Police Sub-station, and removal of outdated tanks at the Police Headquarters and Fire Station No.5. FISCAL IMPACT: Funds are budgeted and available in the following accounts: 720-5011-481105-9855 (Fuel Stations Renovations) $ 170,874.93 720-5023-484400-9855 (Fuel Stations Renovations) $ 57,539.67 Palre 7 CITY COUNCIL MINUTES March 27, 2007 3. CONSENT CALENDAR (Continued) 3.9 Bid 067-41; Project No. W-640; Security Fence Replacement for the Water Plant. Approval of plans aud specifications and request authorization to advertise for bids. (C2500.P) SUMMARY: Plans and specifications have been completed for the Security Fence Replacement for the Water Plant. The plans call for the existing block wall to be replaced and additional landscaping. Plans and specifications have been completed and the project is ready to be advertised for bids. ACTION: Approved plans and specifications and authorize advertising for bids for Security Fence Replacement for the Water Plant. FISCAL IMPACT: Funds are budgeted and are available to cover the cost of the contract as follows: 601- 8011-481200-8101 Water Utility Security Improvements $100,000.00 3.10 Bid 067-40; Exterior Recoating of Reservoirs 1, lA, 9A and 10. Approval of specifications and request for authorization to advertise for bids. (C2500.P) SUMMARY: Specifications have been completed for the Exterior Recoating of Reservoirs 1, lA, 9A and 10. The project is ready to be advertised for bids. ACTION: 1) Transferred $244,000.00 from Account No. 601-8011-484501-8402 (Via Escola Pipeline) to Account No. 601-8041-484400-8302 (Reservoir Recoating); and 2) Approved the Specifications and authorize advertising of bids for the Exterior Recoating of Reservoirs. FISCAL IMPACT: After transfer, funds are available to cover the cost of the project as follows: 601-8041-484400-8302 Reservoir Recoating $632,975.00 Once the bids are opened and actual bids are known, staff will make recommendations on the award based on available funding including request for fund transfer from other unbudgeted funds. 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. Joan Hough ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. Palre 8 CITY COUNCIL MINUTES March 27, 2007 3. CONSENT CALENDAR (Continued) CONTRACTS 3.12 Award of Contract - Bid No. 067-28; Fire Stations No.3 and No.5 Interior Painting (SP-3587). (A2100.0 Agr-5047) SUMMARY: Bids for Fire Stations Interior Painting were received and opened on February 22, 2007. Eight bidders responded to the Notice Inviting Bids. The apparent low bidder is D&M Painting, Inc. of Orange, CA for $19,985.00. The Engineer's Estimate is $42,000. ACTION: Awarded a contract in the amount of $19,985.00 to D&M Painting, Inc., Orange, CA and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and are available in the following account: 725-5028-481200-9833 Fire Stations Interior Paint $42,000 3.13 Final acceptance of Bid No. 067-13, Electrical and Lighting Upgrades to Hart Park Softball Fields and authorization to file Notice of Completion. (No Staff Report Required) (A2100.0 Agr-4970) SUMMARY: Bid 067-13, Electrical and Lighting Upgrades to Hart Park Softball Fields for City of Orange. The Contractor who performed said public work and improvements was Ace Electric, Inc. ACTION: Accepted public work improvement, authorized release of Travelers Casualty and Surety Company of America, Bond No. 104749062 in the amount of $629,500, and authorized the Mayor and City Clerk to execute the Notice of Completion. FISCAL IMPACT: None. PARCEL MAP 3.14 Parcel Map No. 2004-153 - St. Joseph Cancer Treatment Center. (C2500.M.16.2) SUMMARY: Parcel Map No. 2004-153 creates two parcels to accommodate the St. Joseph Cancer Treatment Center, a medical office building and a five deck elevated parking structure. Both parcels shall have access to La Veta Avenue consistent with the approved site plan. NOTE: Councilmember Bilodeau recorded an Abstention on this item. ACTION: Approved the Final Parcel Map No. 2004-153 and accepted dedication for the right of access to the private driveway as shown on the Parcel Map. FISCAL IMPACT: None. Palre 9 CITY COUNCIL MINUTES March 27,2007 3. CONSENT CALENDAR (Continued) RESOLUTIONS 3.15 RESOLUTION NO. 10173 (A2100.0 Agr-4187.1) A Resolution of the City Council of the City of Orange Approving an Amendment to the Joint Powers Agreement (JP A) for the Integrated Law and Justice Agency for Orange County. ACTION: 1) Adopted Resolution No. 10173; and 2) Authorized the City Manager and Police Chief to execute any related documents consistent with the implementation of the JPA and grant continuing authority to the City Manager to execute anticipated amendments to the JP A as recommended by the Chief of Police and approved by the City Attorney and determined to be non-substantive in nature. 3.16 RESOLUTION NO. 10175 (C2500.M.16.1) A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 2007-01 adjusting lot lines of certain real property situated at 2348, 2326, 2330 and 2334 N. Rockridge Circle in the City of Orange, County of Orange, State of California. Owners: Kenneth R. Thurm and Clementina E. Peterson-Thurm, et al. ACTION: Approved. 3.17 RESOLUTION NO. 10176 (C2500.M.16.1) A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 2007-02 adjusting lot lines of certain real property situated at 2348, and 2338 N. Rockridge Circle in the City of Orange, County of Orange, State of California. Owners: Kenneth R. Thurm and Clementina E. Peterson-Thurm, et al. ACTION: Approved 3.18 RESOLUTION NO. 10177 (C2500.J.4.6) A Resolution of the City Council of the City of Orange Relating to the Classification, Compensation, and Terms of Employment of Executive Directors and Top Management Employees, and Repealing Resolution No. 10064 and Amendments Thereto. ACTION: Approved Resolution No. 10177 and authorized staff to make the appropriate budget transfer to departmental salary accounts. Palre 10 CITY COUNCIL MINUTES March 27, 2007 3. CONSENT CALENDAR (Continued) TIME EXTENSION 3.19 Time Extension for Conditional Use Permit No. 2409-02; Variance No. 2124-02 and Minor Site Plan Review No. 223-02 for the construction of a gas station and mini-mart with the sale of beer and wine located at 1935 E. Katella Avenue. (ZI500.0 ZCG-1228-04) SUMMARY: A request to extend the entitlements for a proposed gas station and mini- market selling wine and beer for one year. NOTE: Mayor pro tern Dumitru recorded a No vote on this item. ACTION: Approved One-Year Time Extension for Conditional Use Permit No. 2409- 02, Variance No. 2124-02 and Minor Site Plan Review No. 223-02. FISCAL IMPACT: None. MOTION - Murphy SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Councilmember Bilodeau recorded an abstention vote on Item 3.14; Mayor pro tern Dumitru recorded a No vote on Item 3.19; Item 3.7 was removed and heard separately. All other 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 Mayor pro tern Dumitru announced that AB 303, which will hold people accountable for hurting and killing others while under the influence, had just passed out of the Public Safety Committee and is now going to the Assembly Appropriations Committee. Palre 11 CITY COUNCIL MINUTES March 27, 2007 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Community Video Advisory Board Annual Report for 2005 - presented by Pat Buttress, Board President. (ORI800.0.28) MOTION - Cavecche SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to receive and file. 7. ADMINISTRATIVE REPORTS 7.1 Report from Public Works Director - Award of Contract - Bid No. 067-27; Arterial Highway Rehabilitation Program (AHRP) Project - Lincoln Avenue Rehabilitation Improvements (SP-3530). (A2100.0 Agr-5048) SUMMARY: Bids for Lincoln Avenue Rehabilitation from Berkeley Street to Tustin Street were received and opened on March 1, 2007. Five bidders responded to the Notice Inviting Bids. The apparent low bidder is All American Asphalt of Corona, CA for $1,341,491.00. The low bid is 16% below the Engineer's Estimate of $1,600,000. MOTION - Murphy SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to: 1) Award the contract in the amount of $1,341,491.00 to All American Asphalt and authorize the Mayor and City Clerk to execute on behalf of the City; and 2) Appropriate $150,000 from Account No. 550-5011-262900-3039 (State Grant Funds) to Account No. 550-5011-483300-3039 (Lincoln Avenue Rehabilitation). FISCAL IMPACT: Funds are budgeted and available in the following accounts: 272-5011-483300-3039 (Gas Tax Lincoln Ave: Glassell to Berkeley) 272-5011-483300-3059 (Gas Tax Lincoln Ave: Orange-Olive to Palm) 272-5011-483300-3060 (Gas Tax Lincoln Ave: Palm to Tustin) 272-5011-483300-3061 (Gas Tax Lincoln Ave: Glassell to Orange-Olive) 550-5011-483300-3039 (State Grant Funds) 550-5011-483300-3039 (AHRP Lincoln Ave: Glassell to Berkeley) 550-5011-483300-3059 (County Contribution) 550-5011-483300-3059 (AHRP Lincoln Ave: Orange-Olive to Palm) 550-5011-483300-3060 (AHRP Lincoln Ave: Palm to Tustin) 550-5011-483300-3061 (AHRP Lincoln Ave: Glassell to Orange-Olive) Total: $ 176,875 $ 245,920 $ 309,600 $ 240,200 $ 150,000 $ 176,875 $ 41,945 $ 276,100 $ 309,600 $ 240.200 $2,167,315 Palre 12 CITY COUNCIL MINUTES March 27, 2007 8. REPORTS FROM CITY MANAGER 8.1 Mid-Year Financial Report for the period of July 1, 2006 through December 31, 2006. (C2500.E.4) SUMMARY: Every year, a report to inform the City Council and the residents of Orange of the status of the City's financial operations for the first half of the fiscal year is compiled and presented to the City Council. This report provides an accounting of mid- year financial operations both by department and by fund groups. In a separate Agenda Item, recommendations are made for specific budget adjustments and appropriation increases for the current fiscal year. MOTION - Murphy SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to receive and file. 8.2 2006-2007 Mid-Year Budget Adjustments. (C2500.E.4) SUMMARY: This mid-year report recommends certain appropriation increases and budget adjustments for the current fiscal year. Information available at the time the FY 07 budget was being prepared did not suggest a need for these increased expenditures or budget revisions. At this time, a complete accounting of the costs associated with the recent 241 Fire (Windy Ridge) are not available. It may be necessary for staff to return to Council prior to the close of the fiscal year for an additional adjustment to cover the unanticipated costs of the fire. MOTION - Smith SECOND - Bilodeau AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to: 1. Appropriate $100,000 from the unreserved fund balance of the Equipment Expense Fund (710) to 710-5023-447200 (Fuel) and authorize Finance staff to adjust the applicable allocation accounts; 2. Appropriate $216,705 from the unreserved fund balance of the Serrano Heights CFD 91-2 (594) as follows: $71,818 to 594-5017-485100-0099 (Barrera Park) and $144,887 to 594- 3011-481200-2681 (Fire Station 8). Authorize the transfer of $510,648.24 from 594-5017- 485100 (Serrano Heights, CIP Projects) to 594-5017-485100-0099 (Barrera Park); 3. Appropriate $1,000,000 from the unreserved fund balance of the Library Facility Fees Fund (573) to 573-2001-481200-9901 (Main Library Expansion Project) and reverse $1,000,000 from the General Fund appropriation for the Main Library Expansion Project, 500- 2001-481200-9901; 4. Appropriate $834,300 from the unreserved fund balance of the Orange Merged Debt Service Fund (987) to 987-9890-465400 (Tax Increment Pass Through); Palre 13 CITY COUNCIL MINUTES March 27,2007 8. REPORTS FROM CITY MANAGER (Continued) 5. Authorize the reversal of $1,260,000 in Police Department program savings from the salary and benefit accounts of the Police Department budget; 6. Appropriate the following donations received by the Police Department: a) $330 from 100-4031-293900 (donation from the Orange Emblem Club) to 100-4031-441600; b) $515 from 100-4021-293900 (donation from Target Stores) to 100-4021-447500; and appropriate $4,200 in settlement funds received by the Fire Department from 100-3012-244400-2538 (AT&T Settlement) to 100-3012-429400-2538 (Local Training); 7. Appropriate $42,000 from the unreserved fund balance of the General Fund as follows: a) $15,000 to 100-1401-426600 (Publicity & Advertising); and b) $27,000 to 100-1401-410000 (Salaries & Benefits); 8. Appropriate $10,000 from the unreserved fund balance of the Accrued Liability Fund to 760-1413-432205 (Unemployment Claims); 9. Appropriate $3,100 from the unreserved fund balance of the Orange/Santa Ana TSIA Fund (286) to 286-1231-426300 (Accounting & Auditing Services); 10. Appropriate $75,000 from the unreserved fund balance of the General Fund to 100-5032- 472101 (Motor Vehicle Addition); 11. Authorize the reclassification of the following positions: Personnel Analyst II to Senior Personnel Analyst; GIS Coordinator to GIS Analyst; and Real Property Specialist to Finance Clerk (position re-assignment). Appropriate $719 from the unreserved fund balance of the General Fund to 100-1401-410000 (Salaries & Benefits) and $2,158 from the unreserved fund balance of the Air Quality Management Fund to 245-1401-410000 (Salaries & Benefits) to cover the reclassification of the Personnel Analyst in the current fiscal year; 12. Authorize the designation of one Senior Planner to Senior Planner - Historic Preservation; 13. Authorize the merger of one 19-hour Librarian I and one 20-hour Librarian I positions into one full-time Librarian I position. 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 6-07 (FIRST READING) (Continued from February 27, 2007) (A2500.0 Ord-06-07 Construction Demolition) An Ordinance of the City Council of the City of Orange amending Chapter 8.28 of the Orange Municipal Code relating to Recycling of Self-Hauled Construction and Demolition Waste. MOTION - Dumitru SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 6-07 be read by title only and same was set for second reading by the preceding vote; with the proposed change in language of Section 8.26.077.D giving the Public Works Director and City Manager the discretion to impose the deposit requirement if the City's auditing determines that permittees are not substantially complying with the Ordinance. Palre 14 CITY COUNCIL MINUTES March 27, 2007 9. LEGAL AFFAIRS (Continued) 9.2 ORDINANCE NO. 8-07 (SECOND 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. Mayor pro tern Dumitru and Councilmember Murphy stated that upon further review, they were no longer in support of the section which imposes notification requirements on late independent committee communications, as it could create an impingement upon free speech. MOTION - Murphy SECOND - Bilodeau AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 8-07 be read by title only; that Section 2.10.110 which imposes notification requirements on late independent committee communications be deleted from Ordinance No. 8-07; and same was set for second reading by the preceding vote. Mayor Cavecche stated she will support Ordinance No. 8-07, but noted she opposes the $1000 contribution limit and a limit on how much a candidate can loan their own committee. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 7:00 p.m. to a Closed Session for the following purposes: a. Public Employee Performance Evaluation pursuant to Government Code Section 54957. Title: City Manager b. Conference with Labor Negotiators pursuant to Government Code Section 54957.5. Unrepresented employee: City Manager City designated representatives: Steven Pham and David De Berry 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. Palre 15 CITY COUNCIL MINUTES March 27, 2007 12. ADJOURNMENT - There was no 7:00 p.m. Session scheduled. The City Council adjourned at 7:30 p.m. to an Adjourned Regular Meeting, Joint Study Session with the Planning Commission, Traffic Commission and Park Planning and Development Commission, on Tuesday, April 3, at 4:00 p.m. in the Weimer Room, to review the 2007-2008 Capital Improvement Program. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meetiug of March 27, 2007 at Orange Civic Center kiosk, Police facility at 1107 North Batavia, Shaffer Park; all of said locatious beiug in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said regular meeting. {~~~ cr CLERK Palre 16