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7/10/2007 - Council Minutes - CC Minutes Reg Meeting APPROVED BY THE CITY COUNCIL ON JULY 24, 2007 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING July 10, 2007 The City Council of the City of Orange, California convened on July 10,2007 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 Pastor Perry Hipple, Orange Church of the Nazarene 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Teresa Smith 1.3 ROLL CALL PRESENT - ABSENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Recognition to the Orange Little League AA Tigers Baseball Team - Second Place winners of the District 30 City Championship Tournament. Proclamation honoring Orange High School for their commitment to the National Leukemia and Lymphoma Drive. Presentation of a Resolution to Bill Wagner of the Public Works Department upon his retirement. 2. PUBLIC COMMENTS Mr. Khang Tran, address on file, spoke on immigration policies and day laborers. PAGE 1 U1 CITY COUNCIL MINUTES July 10,2007 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 June 21 and 28,2007. ACTION: Approved. 3.2 Request approval of City Council Minutes, Regular Meeting of June 26, 2007. (C2500.D.4) NOTE: Councilmember Smith abstained as she was not present at the June 26 meeting. ACTION: Approved. 3.3 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.4 Agreement between the City of Orange and California Forensic Phlebotomy, Inc. (A2100.0 Agr-1626.J) SUMMARY: California Forensic Phlebotomy, Inc. conducts and analyzes blood, breath and urine evidence for the Police Department. The proposed Agreement is for the period July I, 2007 through June 30, 2008. ACTION: Approved the Consultant Services Agreement between the City of Orange and California Forensic Phlebotomy, Inc. in an amount not to exceed $93,500; and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMP ACT: Funds are available to cover the cost of the contract as follows: 100-4041-426700 (Traffic-Other Professional & Consulting Services) $93,500 PAGE? ru CITY COUNCIL MINUTES July 10, 2007 3. CONSENT CALENDAR (Continued) 3.5 Agreement between the City of Orange and the Orange County Bar Foundation, Inc. for provision of Juvenile Diversion Services. (A2100.0 Agr-3559.G) SUMMARY: The Orange Police Department Juvenile Diversion Program is an alternative to formal processing of juvenile offenders who have exhibited personal or family needs, which might better be rectified by intervention at the local level. Services include: individual, small group, and family counseling; community service; restitution; employment referrals; educational workshops; and other individualized responses to specific problems. The Consultant Services Agreement is for the period July 1,2007 through June 30, 2008. ACTION: Approved the Agreement between the City of Orange and the Orange County Bar Foundation, Inc. in the amount of $83,567; and authorized the Mayor and the City Clerk to execute the Agreement on behalf ofthe City. FISCAL IMPACT: Funds are available to cover the cost of the contract as follows: 100-4031-427800 (Detectives-Other Contractual Services) $83,567 3.6 Agreement between the City of Orange and VisionAIR, Inc. (A2100.0 Agr- 3217.F) SUMMARY: VisionAlR, Inc. is the vendor for the Police Department's computer- aided dispatch and records management system (CAD/RMS). The Consultant Services Agreement for software maintenance, for the period July I, 2007 through June 30, 2008, will provide continued support and upgrade services for these systems. ACTION: Approved the Consultant Services Agreement between the City of Orange and VisionAIR, Inc. in the amount of $95,916.49 and authorized the Mayor and the City Clerk to execute the agreement on behalf of the City. FISCAL IMP ACT: Funds are available to cover the cost ofthe contract as follows: 100-4011-427800 (Administration- Other Contractual Services) $95,916.49 PAGE ~ - --I CITY COUNCIL MINUTES July 10, 2007 3. CONSENT CALENDAR (Continued) 3.7 Fourth Amendment to Attorney Services Agreement with the Law Firm of Rutan and Tucker to provide legal services in relationship to the City's defense of a CEQA challenge filed against the City's approval of the East Orange development. (A2100.0 Agr-4798.4) SUMMARY: The Sierra Club filed a lawsuit under the California Environmental Quality Act (CEQA) challenging the environmental analysis performed as part of the City's approval of The Irvine Company's residential development in East Orange. Rutan and Tucker was retained to provide the defense for the City. The Irvine Company, which is also a party to the lawsuit, has retained its own legal counsel. The proposed Fourth Amendment would increase the not to exceed amount from $250,000 to $450,000. The Irvine Company is reimbursing the City for all funds expended in this matter. The additional funds are needed because the Sierra Club has appealed the Superior Court judgment that upheld the environmental impact report performed by the City in all respects. ACTION: Approved and authorized the Mayor and City Clerk to execute the Fourth Amendment to Agreement with Rutan and Tucker, LLP. FISCAL IMPACT: None. As one of the conditions of the City's approval, The Irvine Company is obligated to pay the attorney's fees. 3.8 Agreement between the County of Orange and the City of Orange for Provision of Gang Prevention and Suppression Services. (A2100.0 Agr-1853.0) SUMMARY: Since 1991, the City of Orange and the County of Orange have entered into yearly agreements that have provided the City with the services of a full-time Probation Officer specializing in gang prevention and suppression. The Probation Officer works in conjunction with the Police Department's Gang Unit to provide supervision and enforcement of court orders for minors and adults on probation under the existing policy of the Orange County Probation Department and Superior Court. The proposed Agreement is for the period July 1,2007 through June 30, 2008 ACTION: Approved the Agreement between the County of Orange and the City of Orange for Provision of Gang Prevention and Suppression Services in the amount of $97,304; and authorized the Mayor and the City Clerk to execute the Agreement on behalf of the City. FISCAL IMPACT: Funds are available to cover the cost of the contract as follows: 100-4032-426700 (Gangs-Other Professional & Consulting Services) $97,304 PAGE 4 I I CITY COUNCIL MINUTES July 10,2007 3. CONSENT CALENDAR (Continued) 3.9 Modification of Agreement with the City of Orange Public Library Foundation concerning a fundraising opportunity during the 2007 International Street Fair. (A2100.0 Agr-3580.D) SUMMARY: This action modifies an Agreement to allow the non-profit Orange Public Library Foundation to operate pay parking lots once again on four 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 four areas of designated City property during the 2007 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. BIDS 3.10 Bid No. 078-03; Approval of plans and specifications, and request authorization to advertise for bid the Installation of New Floor Covering Materials for the Civic Center's Administration, Finance and Public Works Offices and Meeting Rooms. (C2500.M.5) SUMMARY: Plans and specifications have been completed for the Installation of New Floor Covering Materials for Civic Center's Administration, Finance and Public Works Offices and Meeting Rooms. The project is ready to be advertised for bids. The estimated installation cost is $ 131 ,250. ACTION: Approved the plans and specifications and authorized advertising for bids for the Installation of New Floor Coverings Materials for Civic Center's Administration, Finance and Public Works Offices and Meeting Rooms. FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program FY 07-08 and are available in the following account: 725-5028-481200-9812 (Civic Center Carpeting) $ 120,000 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 or additional appropriation. PAGE 5 CITY COUNCIL MINUTES July 10, 2007 3. CONSENT CALENDAR (Continued) 3.11 Bid 078-09; Asphalt Replacement at Various Locations for Fiscal Year 2007-2008. Approval of plans and specifications and request authorization to advertise for bids. (S4000.S.7) SUMMARY: Plans and specifications have been completed for the Asphalt Replacement at various locations FY 07/08 and the project is ready to be advertised for bids. The preliminary cost estimate is $300,000.00. ACTION: Approved plans and specifications and authorized advertising for bids for asphalt replacement at various locations FY 07/08. FISCAL IMPACT: Funds are budgeted and are available in the Water Operating Fund Account 600-8041-474501. The total bid amount is based upon an estimate of 12 months expenditures. 600-8041-474501 (Transmission and Distribution Mains) $300,000 CONTRACTS 3.12 Award of Bid No. 067-51; Landscape Maintenance Services for Water Division Facilities. (A2100.0 Agr-4023.A) SUMMARY: The Community Services Department oversees landscape maintenance services for 27 water facilities. The work includes all the planting care, turf care, weed abatement, irrigation system and drainage care, clean up and litter removal. The term of the contract is for one year and the City has an option to renew the contract annually up to a total of four more years. Azteca Landscape is the lowest responsible bidder with the bid amount of $73,800.00. An additional sum of $3,200 is requested by staff for contingencies bringing the total contract amount to $77,000.00 ACTION: Awarded Bid No. 067-51 to Azteca Landscape and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMP ACT: Funds are budgeted and are currently available as follows: 600-8041-42430 I (Landscape Maintenance Services) $77 ,000 PAGE 6 CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) - r July 10,2007 3.13 Award of Contract; Bid No. 067-44; Community Development Block Grant (CDBG) Projects - Grand Street, Center Street, Blake Street, Harwood Street, and Pine Street Reconstruction (SP-3600). (A2100.0 Agr-5111) SUMMARY: Bids for the CDBG Grand Street, Center Street, Blake Street, Harwood Street, and Pine Street Reconstruction Projects were received, and opened on June 21, 2007. Six bidders responded to the Notice Inviting Bids. The apparent low bidder is All American Asphalt of Corona in the amount of $269,400. The Engineer's Estimate is $465,000 including contingencies and construction engineering. ACTION: Awarded the contract in the amount of $269,400 to All American Asphalt 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 accounts: 310-9645-483300-4056 (CDBG Blake Street Reconstruction) 310-9645-483300-4057 (CDBG Center Street Reconstruction) 310-9645-483300-4058 (CDBG Grand Street Reconstruction) 310-9645-483300-4059 (CDBG Harwood Street Reconstruction) 310-9645-483300-4060 (CDBG Pine Street Reconstruction) Total PURCHASES $ 89,000 $ 85,000 $ 86,000 $102,000 $103.000 $465,000 3.14 Purchase of print and electronic periodical subscription services for Orange Public Library facilities from EBSCO Subscription Services, in the amount of $55,0.00.00. (C2500.I) SUMMARY: This is a request for City Council authorization of a $55,000.00 purchase order with EBSCO Subscription Services for print and electronic periodical subscription services for the Orange Public Library & History Center (also koown as the Main Library) and the Taft and El Modena Branch Libraries. ACTION: Authorized purchase of print and electronic periodical subscriptions for Orange Public Library facilities from EBSCO Subscription Services, in the amount of $55,000.00. FISCAL IMPACT: Sufficient funds exist in the following accounts: 100-2001-443101-0000 (Library Books) 100-2001-443101-9320 (Electronic Resources) $25,000 $30,000 PAGE 7 CITY COUNCIL MINUTES July 10,2007 3. CONSENT CALENDAR (Continued) 3.15 Purchase of print and non-print materials for Orange Public Library facilities from Baker & Taylor, Inc., in the amount of $155,000.00. (C2500.I) SUMMARY: This is a request for City Council authorization of a $155,000.00 purchase order with Baker & Taylor, Inc., for print and non-print materials (i.e., books, DVDs, compact disks, computer software, etc.) for the Taft and El Modena Branch Libraries and for the Orange Public Library & History Center (also koown as the Main Library )/ ACTION: Authorized purchase of print and non-print materials for Orange Public Library facilities from Baker & Taylor, Inc., in the amount of$155,000.00. FISCAL IMPACT: Sufficient funds exist in the following account: 100-2001-443101-0000 (Library Books) $155,000 RESOLUTIONS 3.16 RESOLUTION NO. 10205 (C2500.M.4.9) A Resolution of the City Council of the City of Orange approving plans for the renovation and replacement of the existing pool at W.O. Hart Memorial Park and making certain findings in connection therewith. ACTION: Approved. 3.17 RESOLUTION NO. 10206 (C2500.J.1.0.1) A Resolution of the City Council of the City of Orange amending the City's Master Schedule of Fees and Charges relating to location/lease fees for commercial filming on city property. ACTION: Approved. 3.18 RESOLUTION NO. 10172 (ORI800.0.27.13) A Resolution of the City Council of the City of Orange authorizing investment of monies in the Local Agency Investment Fund. (See related Redevelopment Agency Minutes Item No. 3.3) ACTION: Approved. PAGER ,- CITY COUNCIL MINUTES July 10,2007 3. CONSENT CALENDAR (Continued) MOTION - SECOND - AYES Murphy Dumitru Smith, Murphy, Cavecche, Dumitru, Bilodeau Councilmember Smith abstained on Item 3.2. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR ********** 4. REPORTS FROM MAYOR CA VECCHE 4.1 Appointment of Councilmember Mark Murphy as the City's representative, and Mayor Carolyn Cavecche as the alternate, to the Transportation Corridor System Board of Directors. (ORI800.0.44.2) MOTION - Cavecche SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to appoint Councilmember Mark Murphy as the City's representative, and Mayor Carolyn Cavecche as the alternate, to the Transportation Corridor System Board of Directors. 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 2007-08. (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 three changes be made to the City's and Redevelopment Agency's Statement ofInvestment Policy. The recommended changes include the addition of Certificates of Deposit (CD) investments, increase federal agencies percentage of the total portfolio to 65% from 50%, and adjustment to the percentage of the total portfolio for 3-4 and 4-5 year investment categories to no more than 30%. PAGE 9 ,-- CITY COUNCIL MINUTES July 10,2007 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued) RESOLUTION NO. 10197 A Resolution of the City Council of the City of Orange approving and adopting a Statement of Investment Policy for Fiscal Year 2007-08. MOTION - Murphy SECOND - Bilodeau AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Moved to repeal Resolution No. 10115 and approve Resolution No. 10197 adopting the Statement ofInvestment Policy for FY2007-08. 7. ADMINISTRATIVE REPORTS 7.1 Report on the Agreement with the Orange International Street Fair, Inc. for production of the Orange International Street Fair. (A2100.0 Agr-l071.G) SUMMARY: This agreement supercedes the current agreement, which was executed in 2004 with the Orange International Street Fair, Inc. and provides for the production of the Orange International Street Fair. Changes include a children's village, detailed footprint of event including ancillary parking lots and a continued three year term without automatic renewal. Discussion Councilmember Dumitru asked what the reason was for the Street Fair ending at 10:00 pm and if this issue had ever been addressed. Irma Hernandez, Sr. Assistant to the City Manager, answered that, at this time, the Committee for the Orange International Street Fair had not requested any changes regarding the hours of operation. Councilmember Smith added that many years ago the Fair did end later, and stated concerns if it was to stay open later, as it takes time after closing, for the public to vacate the area and for the streets to be cleaned. The clean up causes noise in the surrounding neighborhood until approximately midnight. She also ackoowledged and thanked the Orange International Street Fair Committee and the City Departments for working together so well. Mayor Cavecche noted that the Fair is put on by a private committee; and was glad to see the insurance requirements added to the agreement for individual vendors, as it has always been a concern regarding the liability to the citizens of Orange. She was also concerned that the aggregate amount of insurance is not high enough. Mayor Cavecche requested a comparison with other special events and what other cities require for insurance purposes. PAGE1n CITY COUNCIL MINUTES July 10,2007 7. ADMINISTRATIVE REPORTS (Continued) MOTION - Smith SECOND - Bilodeau AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Moved to approve the agreement and authorize the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: None. The Orange International Street Fair, Inc. is responsible for paying all City costs for the production of the Street Fair as detailed in the agreement. 8. REPORTS FROM CITY MANAGER City Manager John Sibley ackoowledged the work of the Council, staff and the community for the success of the 3rd of July event. 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 14-07 (SECOND READING) (A2500.0 Ord-14-07 Public Utilities) An Ordinance of the City Council of the City of Orange Amending Article III (Cable Television System) of Title 13 of the City of Orange Municipal Code by adding a new Chapter 13.81 and amending the title of Chapter 13.82. MOTION- SECOND - AYES Dumitru Cavecche Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 14-07 be read by title only and same was approved and adopted by the preceding vote. 9.2 ORDINANCE NO. 15-07 (FIRST READING) (A2500.0 Ord-15-07 Vehicles & Traffic) An Ordinance of the City Council of the City of Orange Adding Section 10.82.020 to Chapter 10.82 of Title 10 of the Orange Municipal Code Prohibiting the Riding of Skateboards, Bicycles and Similar Devices on Posted Public Property. MOTION- SECOND - AYES Murphy Cavecche Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 15-07 be read by title only and same was set for second reading by the preceding vote. PAGE 11 r- CITY COUNCIL MINUTES July 10, 2007 9. LEGAL AFFAIRS (Continued) 9.3 ORDINANCE NO. 16-07 (FIRST READING) (A2500.0 Ord-16-07 Vehicles & Traffic) An Ordinance of the City Council of the City of Orange Adding Section 10.42.065 to Chapter 10.42 of the Orange Municipal Code Pertaining to No Overnight Parking in Designated Off- Street City Parking Lots. MOTION- SECOND - AYES Dumitru Murphy Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 16-07 be read by title only and same was set for second reading by the preceding vote. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 5:20 to a Closed Session for the following purposes: a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiators: Personnel Director Steven Pham and Personnel Manager Mike Harary Employee Organizations: Orange Management Association Orange Maintenance and Crafts Employees Association Orange Municipal Employees Association Water Department Employees Association 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. PAGE 12 CITY COUNCIL MINUTES July 10,2007 12. ADJOURNMENT There was no 7:00 session scheduled for the July 10,2007 City Council meeting. The City Council adjourned at 5:30 p.m. to an Adjourned Regular Meeting, Study Session, on July 10, 2007 at 5:30 p.m. in the Weimer Room at City Hall, to discuss components of a City- wide Strategic Plan. The next Regular Meeting of the City Council is scheduled for July 24, 2007. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of July 10, 2007 at Orange Civic Center kiosk, Police facility at 1107 North Batavia, and the Main Public Library at 407 E. Chapman; 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. Lt~'L~ .MURP . CITY CLERK . , PAGE 13