8/28/2007 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY CITY COUNCIL ON SEPTEMBER 11, 2007
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
August 28, 2007
The City Council of the City of Orange, California convened on August 28,2007, 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 Father Vincent Pham, La Purisima Catholic 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
Presentation of Employee Service Awards.
2. PUBLIC COMMENTS - None.
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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 July 31, August 2 and 7,
2007.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of August 14, 2007
and Adjourned Regular Meeting of August 14, 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 July 31,2007.
(C2500.F)
ACTION:
Approved.
AGREEMENTS
3.5 Changes to the California Insurance Pool Authority (CIP A) Joint Powers
Agreement. (A2100.0 Agr-0233.E)
SUMMARY: The members of the Joint Power Authority - CIPA have made
suggestions on how to clarifY the joint powers agreement and to reflect changes in the
laws on insurance pools. The City of Orange has been a founding member of this Joint
Powers Authority since the early 80's.
ACTION: Approved changes; and authorized the Mayor and City Clerk to execute
agreement on behalf of the City.
FISCAL IMPACT: None.
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3. CONSENT CALENDAR (Continued)
3.6 Assignment of Official Police Towing and Storage Service Agreement. (Continued
from August 14, 2007) (A2100.0 Agr-4715)
SUMMARY: The Orange Police Department uses private towing companies for the
removal, storage and impound of vehicles during the course of business. Individual
companies are qualified according to the Agreement and Department Order 66 and
contracts are to be maintained pursuant to the Department Order. The current
agreement with the contracted towing companies will be valid until July 7, 2008. One
towing company has undergone a change of ownership. The current agreement with
Orange Fuel and Towing needs to be assigned to the new owners, Orange Towing, Inc.
H was determined that no assignment was necessary for American European Towing
Co.
ACTION: Authorized the Mayor and the City Clerk to execute assignment between the
City and Orange Towing Inc., on behalf of the City.
FISCAL IMP ACT: There is no fiscal impact for services provided for non-City owned
vehicles.
3.7 Award of Professional Services Contract to Tank Industry Consultants, Inc.
(Continued from August 14, 2007) (A2100.0 Agr-5119)
SUMMARY: The Water Division desires to retain a consultant to perform a
comprehensive evaluation of the interior and exterior condition of the City's 18 water
reservoirs along with complete cathodic protection assessment, removal of
sedimentation from the interiors, and tank structural analysis. Fiscal Year 07-08 CIP
budget has a $120,000 allocation to this project; the proposal from the most qualified
consultant is $144,485.
ACTION: 1) Appropriated $39,000.00 from unallocated reserves to Account No. 601-
8041-484400-8301 (Exterior Cathodic Protection Systems); and 2) Awarded a contract
in the amount of $144,485.00 to Tank Industry Consultants, Inc. and authorized the
Mayor and the City Clerk to execute the contract on behalf of the City.
FISCAL IMP ACT: After appropriation, funds will be available to cover the cost of the
contract as follows:
601-8041-484400-8301 Exterior Cathodic Protection Systems $159,000
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3. CONSENT CALENDAR (Continued)
3.8 Agreement with the Rancho Santiago Community College District (RSCCD) for
the maintenance of the parkways surrounding Santiago Canyon College.
(A2100.0 Agr-5121)
SUMMARY: The City and the RSCCD have prepared an agreement that has been
approved by the RSCCD Board to maintain the parkways surrounding Santiago Canyon
College. RSCCD agrees to pay the City all costs for the maintenance, including
contract services, utilities and administration. Previously, the cost for maintaining the
parkways was paid by the Landscape Maintenance District 86-2.
ACTION: Approved the Maintenance Agreement for the parkways at Santiago Canyon
College and authorized Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: This agreement will reimburse the City for the maintenance at no
cost to the City or Landscape Maintenance District 86-2.
BIDS
(REMOVED AND HEARD SEP ARATEL Y)
3.9 Award Bid No. 078-11 and transfer of funds for the Hart Park PoollDeck
Renovation, CIP No. 0025. (A2100.0 Agr-5122)
SUMMARY: Bids were received and opened for the Hart Park Pool/Deck Renovation
on August 14, 2007. The apparent low bidder is Abeam Construction, Inc. in the
amount of$I,770,800.
Discussion - Mayor Cavecche pointed out that funds are being transferred from the El
Camino Park Fund 511; but that in the future, it may be possible to use Redevelopment
funds for El Camino Park.
Assistant City Attorney, Ted Reynolds stated that using Redevelopment funds would
require the Council to make certain findings; but it would be easier to make these
findings for El Camino Park than for Hart Park.
MOTION - Cavecche
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to: 1) Transfer $1,500,000 from 511-7021-481105-0607 (El Camino Park
Renovation) to 511-7011-481200-0025 (Hart Park Pool/Deck Renovation); 2)
Approve and award Bid No. 078-11 to Abeam Construction, Inc., authorize the Mayor
and City Clerk to execute the contract on behalf of the City; and 3) Authorize the
City's Director of Community Services to approve and execute any contract change
orders deemed necessary and appropriate during the course of construction in the
amount, in the aggregate, of 10% of the contract amount.
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3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Upon transfer, funds will be available to cover the cost of the bid as
follows:
511-7011-481200-0025 Hart Park Pool/Deck Renovation $2,424,194.82
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. Norma N. Lizarraga
b. Jason McMenomy
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.11 Award of Contract; Bid No. 078-03; Installation of new floor covering materials
for Civic Center's Administration, Finance and Public Works offices and meeting
rooms (SP-3602). (A2100.0 Agr-5123)
SUMMARY: Bids for the installation of new floor covering materials for Civic
Center's offices were received and opened on August 2,2007. Two bidders responded
to the Notice Inviting Bids. The apparent low bidder is Delta Commerce Corporation
of Anaheim in the amount of$92,545.09.
ACTION: Awarded the contract in the amount of $92,545.09 to Delta Commerce
Corporation, and authorized the Mayor and City Clerk to execute on behalf ofthe City.
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and are
available in the following account:
725-5028-481200-9812 Civic Center Carpeting $ 120,000
(REMOVED AND HEARD SEP ARATEL Y)
3.12 Contract Change Order No.2 and Final Payment; Bid No. 056-38; Fiber Optic
Traffic Signal Interconnect and Communication System Project.
(A2100.0 Agr-4896)
SUMMARY: This Contract Change Order authorizes final payment for additional
work at agreed lump sum prices. The total cost for this change order is $96,364.68.
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3. CONSENT CALENDAR (Continued)
Discussion - City Traffic Engineer, Torn Mahood reported that in the last two weeks
the Traffic Management Center's system has been activating certain portions of arterial
intersections along Katella Avenue, Main Street, Chapman Avenue and Tustin Street.
Councilmember Bilodeau noted the City's efforts in trying to improve traffic circulation.
MOTION - Bilodeau
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ACTION: Approved Contract Change Order No.2 and final payment in the amount of
$96,364.68 to Dynalectric for the additional work.
FISCAL IMP ACT: Funds are budgeted and available in the following accounts:
550-5032-483100-6006 CTFP Grants, Irvine Company, St. Joseph Hosp. $ 16,060
272-5032-483100-6006 Gas Taxes $136,220
3.13 Award of Bid 067-47; Water Plant Public Counter Security Improvements.
(A2l00.0 Agr-5l24)
SUMMARY: Plans and specifications have been completed for the Water Plant Public
Counter Security Improvements. The plans call for an addition of 842 square feet to
the existing building to accommodate a security front counter with waiting area for the
public, a meeting room, and three new offices. As part of the expansion, the restrooms
will need to be remodeled to comply with ADA codes along with the replacement of
the perimeter block wall, additional handicapped parking, paving, and landscaping.
Amaz Engineering Contractor is the lowest responsible bidder for this project.
ACTION: 1) Appropriated $50,000 from unallocated reserves to Account 601-8011-
481200-8212 (Water Plant Public Counter Security Improvement); and 2) Awarded a
contract in the amount of $495,000.00 to Amaz Engineering Contractor and authorized
the Mayor and the City Clerk to execute the contract on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and are currently available as follows:
601- 8011-481200-8212 Water Plant Public Counter Security Imp. $495,000
DONATIONS
3.14 Donation of two surplus fire rescue ambulances and associated equipment to
Orange's Sister City, Queretaro, Mexico. (C2500.H)
SUMMARY: Within the past year, the City of Orange replaced two ambulances.
These ambulances would normally be sold as surplus bringing in minimal revenue to
the city. The City of Queretaro, Mexico, Orange's Sister City, has asked the City of
Orange to assist their struggling fire department with the donation of used fire
equipment, especially fire apparatus.
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3. CONSENT CALENDAR (Continued)
ACTION: Authorized the Fire Department and Fleet Services to donate surplus
ambulances to the City of Queretaro, Mexico - the oldest unit, ID 30-1133 is a Horton
Ambulance with 70,538 miles; the second unit, ID 30-1315 is a Horton Ambulance
with 84,450 miles.
FISCAL IMPACT: The City would lose approximately $4,000 - $4,800 from the sale
of both ambulances to a salvage company.
QUITCLAIM
3.15 Quitclaim of an old Santa Ana Irrigation Company (S.A.V.I.) easement at 793 N.
Elmwood 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 Robert
L. Dietlin and Betty J. Dietlin for the S.A.V.I. easement located at 793 N. Elmwood
Street.
FISCAL IMPACT: None.
3.16 Quitclaim of an old Santa Ana Irrigation Company (S.A.V.I.) easement at 705 N.
Elmwood 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 Robert
Leo Kane and Colleen D. Kane for the S.A.V.I. easement located at 705 N. Elmwood
Street.
FISCAL IMPACT: None.
3.17 Quitclaim of an old Santa Ana Irrigation Company (S.A.V.I.) easement at 783 N.
Elmwood 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
Norma Carolyn Fiskland and Matthew Derek Fiskland for the S.A.V.I. easement
located at 783 N. Elmwood Street.
FISCAL IMPACT: None.
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3. CONSENT CALENDAR (Continued)
3.18 Quitclaim of an old Santa Ana Irrigation Company (S.A.V.I.) easement at 834 N.
Hart 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 Bettye
L. Cantwell for the S.A.V.I. easement located at 834 N. Hart Street.
FISCAL IMPACT: None.
RESOLUTIONS
3.19 RESOLUTION NO. 10213 (T2200.1.1.B)
A Resolution of the City Council of the City of Orange Adopting a John Wayne Airport
Coalition City Position Statement.
ACTION: Approved.
3.20 RESOLUTION NO. 10214 (S4000.S.3.6)
A Resolution of the City Council of the City of Orange correcting the assigned Street
Names to public and private streets within Parcel Map No. 2004-302, more commonly
known as the Del Rio Development, in the City of Orange.
ACTION: Approved.
3.21 RESOLUTION NO. 10215 (S4000.S.2)
A Resolution of the City Council of the City of Orange determining the functional
classification of certain streets and roads classified by the Federal Highway
Administration.
ACTION: Approved.
MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Items 3.9 and 3.12 were removed and heard separately. All items on the Consent
Calendar were approved as recommended.
END OF CONSENT CALENDAR
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4. REPORTS FROM MAYOR CA VECCHE - None.
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS
7.1 Report from City Attorney - Request for Proposal for Recycling of Construction
and Demolition Wastes. (Continued from August 14, 2007) (C2500.M.l)
SUMMARY: In concert with the City Council's recent adoption of a construction and
demolition (hereafter, C&D) waste ordinance, staff has prepared a request for proposal (RFP).
The RFP is seeking qualified C&D processors to recycle C&D generated within the City. The
City's new C&D ordinance requires specified projects which self-haul C&D to take it to a
processing facility designated by the City.
Discussion - City Attorney, David DeBerry stated that the RFP has been revised to include: 1)
Requirement for the processing facility to have a storm water quality runoff management plan;
2) Requirement that the operator carry pollution clean up insurance; 3) Proof of possession of
permits for performing the work; and 4) Additional language concerning ownership of the
facility.
MOTION - Dumitru
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to approve RFP and direct staff to solicit proposals from qualified construction and
demolition processors.
FISCAL IMP ACT: None anticipated.
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8. REPORTS FROM CITY MANAGER
8.1 Status Report - Quiet Zones / Safety Program. (T2200.1.4)
City Manager, John Sibley acknowledged the Orange County Transportation Authority
(aCTA) Board for their approval ofa $60 million budget for rail safety countywide to include
$11.8 million for the City.
Transportation Analyst, Doug Keys reported that the City of Orange will be required to
contribute 12%, or $1.42 million of the total safety improvement costs for all 16 railroad
crossings in the City of Orange which qualify as quiet zones. The next steps for staff will be
to work with Metrolink and aCTA on phasing schedules; and to finish the scope of work.
Councilmember Smith thanked staff for their diligence and the community members who
pursued the quiet zones for the City. She added that an increase in ridership is anticipated,
resulting in more train service. She stated that she would like to see the quiet zones in place
soon; and that the City needed to address phasing of the financing.
Mayor Cavecche thanked staff for their aggressive diligence in representing the City before
aCTA.
8.2 Status Report - Emergency Medical Services Task Force. (C2500.H)
EMS Manager, Suzy Goodrich updated the Council on progress of the task force stating that
the final report would be brought to Council in 60-90 days. She addressed concerns of Mayor
pro tern Dumitru regarding response times, performance of advance treatment possibilities,
equipment needs and staffing and service levels.
Mayor pro tern Dumitru noted the importance of looking at staffing and service levels and the
need to adopt service level objectives that meet standards.
Council asked to be briefed on this report prior to it being agendized.
Ms. Goodrich responded to a question from Councilmember Smith clarifying that the report
will include cost information and ways to enhance revenue to minimize the impact to the
General Fund.
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9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 17-07 (FIRST READING) (Continued from August 14, 2007)
(A2500.0 Ord-17-07; Streets, Sidewalks, Public Places)
An Ordinance of the City Council of the City of Orange Repealing Chapter 12.64 of the
Orange Municipal Code and Adding a New Chapter 12.64 Relating to Encroachments in the
Public Right-of- Ways.
Discussion - Council discussed including language specific to the impacts of utility boxes on
historic structures and design guidelines.
City Attorney, David DeBerry stated that Federal and State laws govern public utilities, and
that currently, there is nothing specific in the Ordinance that states the utility companies must
comply with Old Towne Design Guidelines, but that language could be added on this issue.
Councilmember Smith asked for language that would be as definitive as possible to encourage
awareness, sensitivity and compromise by the utility companies.
MOTION - Dumitru
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved continuation of the first reading of Ordinance No. 17-07 to the next meeting of
September 11,2007; to allow the addition of language specific to Historic Districts.
10. PUBLIC HEARINGS
10.1 PUBLIC HEALTH GOALS REPORT FOR YEARS 2004, 2005 AND 2006 -
DRINKING WATER QUALITY. (C2500.P)
Time set for public hearing to consider Public Health Goals Report for years 2004, 2005 and
2006 which is a State mandated report to provide the public information about the presence of
any contaminants in the drinking water supply detected at levels above Public Health Goals
published by the State Office of Environmental Health Hazard Assessment during calendar
years 2004, 2005 and 2006.
Discussion - Water Division Manager, Joe DeFrancesco gave a brief staff report, stating that
the City's water system complies with all Federal and State Maximum Contaminant Level
goals.
THE MAYOR OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, THE
MAYOR CLOSED THE PUBLIC HEARING.
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10. PUBLIC HEARINGS (Continued)
Council Action:
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to Receive and file.
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
12. RECESS TO CLOSED SESSION - The City Council recessed at 5:45 p.m. to a
Closed Session for the following purposes:
a. Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section
54956.9(a):
1) Michael Vincent Jackson v. City of Orange, Orange County Superior Court Case
No. 06CC02825.
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.
13. ADJOURNMENT - The City Council adjourned at 6:15 p.m.
There was no Regular 7:00 p.m. Session of the August 28, 2007 Council Meeting. The next
Regular Council meeting is scheduled for September 11, 2007.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of August 28, 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.
__~(f~L
( CITY CLERK
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