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10/23/2007 - Council Minutes - CC Minutes Reg Meeting APPROVED BY THE CITY COUNCIL ON NOVEMBER 13, 2007 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING October 23,2007 The City Council of the City of Orange, California convened on October 23,2007 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 Carl Friedrich, Praise Chapel 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Mark A. Murphy 1.3 ROLL CALL PRESENT - Smith, Murphy, Cavecche, Bilodeau ABSENT - Dumitru (Mayor pro tern Dumitru arrived at 4:50 p.m.) 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Recognition to the City of Orange Finance Department, recipient of the Certificate of Achievement Award for Excellence in Financial Reporting. Recognition to the City of Orange Purchasing Division, recipient of the Achievement of Excellence in Procurement Award. Presentation of Employee Service Awards. Announcements - . Air Quality Management District Grant for The Great Clean Air Tree Planting Project. . Treats in the Streets Autumn Festival- Thursday, October 25. . Veterans Day Tribute - Sunday, November 11. Fire Chief Bart Lewis provided an update on the Santiago Fire. 2. PUBLIC COMMENTS The following people thanked and supported the City Council for addressing the day laborer issue. Dee Barrow Debra Bedoy Robin Hvidston Vaughn Becht Cherie Wood Cheryl Bums Raymond Herrera Lupe Moreno Pa2:e 1 CITY COUNCIL MINUTES October 23,2007 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 September 20, 27 and October 4,2007. ACTION: Approved. 3.2 Request approval of City Council Minutes, Regular Meeting, October 9, 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 September 30, 2007. (C2500.F) ACTION: Approved. AGREEMENTS 3.5 Cooperative Agreement between the City of Orange and the City of Santa Ana for the pavement rehabilitation of Main Street from Walkie Way to City limits. (A2100.0 Agr-5165) SUMMARY: The Cooperative Agreement between the City of Orange and the City of Santa Ana establishes the funding and respective responsibilities of each agency for the rehabilitation of Main Street. ACTION: Approved the Cooperative Agreement and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMP ACT: Funds are available in the following account: 262-5011-483300-3120 Pavement Management Program $1,223,207.61 Pa2:e 2 CITY COUNCIL MINUTES October 23,2007 3. CONSENT CALENDAR (Continued) 3.6 First Amendment to Consultant Services Agreement with NAC, Inc. to provide architectural/engineering services for the Water Plant Warehouse Replacement project. (A2100.0 Agr-5046.1) SUMMARY: In April 2007, the City of Orange entered into a contract with NAC, Inc. to conduct a Site Utilization Study on the Water Plant Warehouse located at 145 S. Water Street. This First Amendment to Consultant Services Agreement is to have NAC, Inc. prepare construction plans, specifications, cost estimate, and construction services for the Water Plant Warehouse replacement. ACTION: Approved First Amendment to the Consultant Services Agreement with NAC, Inc. in the amount of $146,748.88; and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMP ACT: Funds are budgeted and are available to cover the cost of the contract as follows: 601-8041-481102-8935 Water Plant Warehouse Replacement $146,748.88 3.7 Consultant Services Agreement with Stantec Consulting, Inc. to provide professional engineering services for the Serrano Pump Station. (A2100.0 Agr- 5166) SUMMARY: This contract authorizes the Consultant to provide professional engineering services to include the preparation of construction plans, specifications, cost estimate, structural calculations, all necessary plans for electrical, mechanical, structural, instrumentation and control, paving, fencing, and landscaping for the Serrano Pump Station. ACTION: 1) Transferred $81,528.30 from Account No. 601-8011-484102-8225 (Lower Serrano Pump Station) to Account No. 601-8011-484102-8223 (Serrano Pump Station); and 2) Awarded an Agreement in the amount of $182,131.00 to Stantec Consulting, Inc. and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMP ACT: After transfer, funds will be available to cover the cost of the contract as follows: 601-8011-484102-8223 Serrano Pump Station $182,131.00 Pa2:e 3 CITY COUNCIL MINUTES October 23,2007 3. CONSENT CALENDAR (Continued) 3.8 Fiscal Year 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) Local Solicitation. (A2100.0 Agr-4654.C) SUMMARY: The U.S. Department of Justice has made funds available under the FY 2007 JAG Program. Proposed to streamline justice funding and grant administration, JAG blends the previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice funds where they are needed most. This year all Orange County cities and the County must submit a joint application by October 31, 2007. The application must include all agency approved MOU's and spending plans. The total joint award amount is $795,499, of which the City of Orange will receive $25,754. The County of Orange is requesting approval of an agreement that allocates the City's 2007 JAG funds as follows: $12,490.69 to the Orange County ProActive Methamphetamine Laboratory Task Force (PROACT); $386.31 to the County for administrative fees; and $12,877 for the purchase of a BMW trainer motorcycle for the Traffic Bureau. ACTION: 1) Authorized the City Manager or his designee to execute the agreement between the City and the County of Orange for FY 2007 JAG funds; and 2) Appropriated $12,877 to Account 353-4041-471301-2257 (Police Equipment-2007 JAG) for the purchase of a BMW training motorcycle for the Traffic Bureau. FISCAL IMP ACT: There is no fiscal impact to the Federal Police Grant fund as awards are distributed up front instead of on a reimbursement basis. No match is required for the JAG Program 3.9 Agreement with the County of Orange for Adult Literacy Services via the County's READ/OC program, at a cost not to exceed $10,000. (A2100.0 Agr-5167) SUMMARY: One of the Orange Public Library's core service objectives is to offer one- to-one literacy tutoring for English-speaking adults who need to improve their reading and writing skills. The most cost-effective way to provide this specialized service, funded with $10,000 this fiscal year, is to contract for staff support (i.e., coordination of tutor- learner teams, training of volunteer tutors, troubleshooting, record-keeping) with an existing and highly reputable service provider, namely, the County of Orange READ/OC program. ACTIONS: 1) Authorized expenditure not to exceed $10,000 for Orange Public Library's adult literacy program; and 2) Authorized the Mayor and City Clerk to execute an agreement with the County of Orange to provide staff support for Orange Public Library's adult literacy program. FISCAL IMP ACT: Funds are budgeted and available in the following account: 100-2016-427600-0000 $10,000.00 (Library Adult/Y oung Adult Services, Other Professional & Contractual Services) Pa2:e 4 CITY COUNCIL MINUTES October 23,2007 3. CONSENT CALENDAR (Continued) 3.10 Agreement with the County of Orange for the Reading ROCKS (Reaches Orange City KidS) family literacy program via the County's READ/OC program, at a cost not to exceed $25,000. (A2100.0 Agr-5168) SUMMARY: Thanks to a $25,000 grant from the Warne Family Charitable Foundation to the City of Orange Public Library Foundation, and from the Library Foundation to the City (accepted and appropriated by the Orange City Council on Feb. 13, 2007), Orange Public Library is set to begin Reading ROCKS, a family literacy program, at the EI Modena and Taft branch libraries. The most cost-effective way to provide this specialized service is to contract for staff support (i.e., someone part-time who will hold monthly programs; train volunteer tutors; do outreach to local schools and social-service providers; obtain supplies, refreshments, and giveaway books; and keep records) with an existing and highly reputable service provider, namely, the County of Orange READ/OC program. ACTION: 1) Authorized expenditure not to exceed $25,000 for Orange Public Library's Reading ROCKS family literacy program; and 2) Authorized the Mayor and City Clerk to execute an agreement with the County of Orange to provide staff support for Orange Public Library's Reading ROCKS family literacy program. FISCAL IMP ACT: Funds are budgeted and available in the following account: 100-2001-427600-9981 Library Admin/Literacy $25,000.00 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. Jim Lynch ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. Pa2:e 5 CITY COUNCIL MINUTES October 23,2007 3. CONSENT CALENDAR (Continued) CONTRACTS 3.12 Award of Contract - Bid No. 078-18; Cannon Street and Santiago Canyon Road Relocation of Landfill Gas Monitoring Probes (SP-3620). (A2100.0 Agr-5169) SUMMARY: Bids for the Cannon Street and Santiago Canyon Road Relocation of Landfill Gas Monitoring Probes were received, and opened on October 4, 2007. One bidder responded to the Notice Inviting Bids. The apparent low bidder is SCS Engineers of Long Beach, CA in the amount of $46,900. The Engineer's Estimate is $41,250 including 10% contingencies. ACTION: Awarded the contract in the amount of $46,900 to SCS Engineers and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMP ACT: Funds are budgeted and available in the following account: 550-5011-483300-3427 Developer Contribution $2,200,000.00 3.13 Contract Change Order No.1 for Bid. No. 067-23; Well 26 - Electrical Equipment Installation and Site Plan. (A2100.0 Agr-5044) SUMMARY: In April 2007, the City of Orange entered into a contract with Amaz Engineering Contractor to complete the Electrical Installation for Well 26. Additional work is required to construct the chemical building along with pumping equipment for the chlorine injector. The contractor requested additional compensation for extra time, labor and material. ACTION: 1) Transferred $31,800.00 from Account No. 601-8011-484101-8119 (Well 27 Construction) to Account No. 601-8011-484101-8118 (Well 26 Construction); and 2) Approved Contract Change Order No. 1 in the amount of $32,238.35 to Arnaz Engineering Contractors, Inc. for the additional work. FISCAL IMPACT: After appropriation, funds will be available to cover the cost of the contract as follows: 601-8011-484101-8118 Well 26 Construction $32,238.35 Pa2:e 6 CITY COUNCIL MINUTES October 23, 2007 3. CONSENT CALENDAR (Continued) 3.14 Award of Contract - Bid No. 078-01; Project No. SP-3575, Arterial Highway Rehabilitation Program (AHRP) Project - Y orba Street Rehabilitation from La Veta Avenue to Palmyra Avenue. (A2100.0 Agr-5170) SUMMARY: The bids were opened on September 27,2007. Nine bidders responded to the invitation for bids. The apparent low bidder is International Pavement Solutions of San Bernardino for $180,846.00. The Engineer's Estimate is $209,290.00 ACTION: Awarded the contract in the amount of $180,846.00 to International Pavement Solutions, and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMP ACT: Funds are budgeted and available in the following accounts: 272-5011-483300-3042 Gas Tax Yorba; La Veta to Palmyra $150,000 550-5011-483300-3042 AHRP Yorba; La Veta to Palmyra $107,559 RESOLUTIONS 3.15 RESOLUTION NO. 10221 (C2500.N) A Resolution of the City Council of the City of Orange approving an application for funding from the Urban Forestry Grant Program entitled Green Trees for the Golden State as provided through Proposition 12. ACTION: Approved. 3.16 RESOLUTION NO. 10227 (C2500.N) A Resolution of the City Council of the City of Orange expressing appreciation to Philip Arthur Lemke of the Community Services Department for more than 36 years of loyal and dedicated service to the City of Orange. ACTION: Approved. Pa2:e 7 CITY COUNCIL MINUTES October 23,2007 3. CONSENT CALENDAR (Continued) 3.17 RESOLUTION NO. 10228 (C2500.K) A Resolution of the City Council of the City of Orange expressing appreciation to Randy Thompson of the Police Department for more than 23 years of loyal and dedicated service to the City of Orange. ACTION: Approved. MOTION - Murphy SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau All items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR ******** 4. REPORTS FROM MAYOR CA VECCHE Mayor Cavecche requested a memo from the City Manager on the total unencumbered balances available in the Redevelopment Agency, a summary income statement showing the revenues and expenditures for the Agency and the amount available for use by the Agency. 5. REPORTS FROM COUNCILMEMBERS - None. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None. Pa2:e 8 CITY COUNCIL MINUTES October 23, 2007 7. ADMINISTRATIVE REPORTS 7.1 Report from the Senior Assistant to the City Manager - Establishing Compensation for the Planning Commission and Design Review Committee. (C2500.G.2.0) SUMMARY: In late 2006, the City Council directed staff to review the compensation for the Planning Commission and Design Review Committee Members. The stipend, established by resolution, is currently $40 per meeting with a maximum compensation of $160 per month for the Planning Commission members and $40 per meeting with a maximum compensation of $80 per month for the Design Review Committee members. The amount of the stipend was last adjusted in 1987. It is recommended that the stipend be increased to $60 per meeting with a maximum compensation of $240 per month for the Planning Commission members and $50 per meeting with a maximum compensation of $200 per month for the Design Review Committee members Discussion - Councilmember Smith brought this item forward to acknowledge the hard work and time spent by the Commissioners and Committee members in preparing for meetings; and although it is a modest amount, it is a way of saying thank you for their efforts. RESOLUTION NO. 10229 A Resolution of the City Council of the City of Orange establishing compensation for the Planning Commission and Design Review Committee. MOTION - Smith SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to: 1) Adopt Resolution No. 10229; and 2) Transfer $2,400 from the Non- Departmental Miscellaneous Expenditures Account (100-0000-430000) to the Community Development Planning Commission Account (100-6022-426700). FISCAL IMP ACT: The increase in the stipend of $20 per meeting for the Planning Commission and $10 per meeting for the Design Review Committee results in an annual fiscal impact of approximately $4,000. Although Planning Commissioners and Design Review Committee members only receive their stipend for meetings attended, the full potential fiscal impact is budgeted every year. As such, a transfer of $2,400 from the Non-Departmental program to the Planning Commission program within the Community Development Department is necessary to provide sufficient funds for the increased stipend for the remaining portion of the fiscal year. Pa2:e 9 CITY COUNCIL MINUTES October 23,2007 8. REPORTS FROM CITY MANAGER 8.1 Year-End Budget Report for the period of July 1, 2006 through June 30, 2007. (C2500.E.4) SUMMARY: Each fall, following the close of the City's books, staff compiles a report to inform the City Council and the residents of Orange of the results of the City's financial operations for the prior fiscal year. Discussion - Mayor Cavecche commented on the decrease in revenues, suggesting a mid-year budget review on the current 07-08 budget. Staff indicated that the budget is currently being monitored and that recommendations will be brought to Council mid-year. MOTION - Murphy SECOND - Bilodeau AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to Receive and file. City Manager Announcements City Manager John Sibley announced that the Mayor of Newport Beach, who owns a Togo's Restaurant, offered to provide lunches for firefighters working the Santiago Fire. City Manager John Sibley thanked the city for their support of his son, Captain James Sibley, who has returned safely from Iraq. 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 17-07 (SECOND READING) (A2500.0 Ord-17-07 Streets Sidewalks & Public Places Encroachments.) 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. MOTION - Smith SECOND - Bilodeau AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance 17-07 be read by title only and same was approved and adopted by the preceding vote. Pa2:e 10 CITY COUNCIL MINUTES October 23,2007 9. LEGAL AFFAIRS 9.2 ORDINANCE NO. 18-07 (FIRST READING) (A2500.0 Ord-18-07 Business Taxes & Regulations.) An Ordinance of the City Council of the City of Orange Amending Portions of Title 5 of the Orange Municipal Code Relating to Certain Fees for the Issuance of Certain Business Licenses, Permits and Certificates. Discussion - Councilmember Bilodeau requested a memo from staff on the business license requirements for rental property owners. MOTION - Dumitru SECOND - Bilodeau AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 18-07 be read by title only and same was set for second reading by the preceding vote. 10. PUBLIC HEARING 10.1 Revocation of Conditional Use Permit 1389-85 - Spoon's Restaurant, located at 2045 N. Tustin Street - Asbury Properties. (C3300.0 CUP-1389-85) SUMMARY: Due to the lapse of time in which alcoholic beverages have not been sold at the subject property, the City is pursuing formal consideration to revoke Conditional Use Permit 1389-85, permitting the general on-sale of alcohol within a bona fide eating establishment (Type 47). This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), per CEQA Guidelines Section 15301 (Class 1 - Existing Facilities). MAYOR CA VECCHE OPENED THE PUBLIC HEARING. The property owner was not present, but staff noted that the property owner was not in opposition to this action. MAYOR CA VECCHE CLOSED THE PUBLIC HEARING. Pa2:e 11 CITY COUNCIL MINUTES October 23,2007 10. PUBLIC HEARINGS (Continued) Council Action: RESOLUTION NO. 10222 A Resolution of the City Council of the City of Orange Revoking and Repealing in its entirety, Conditional Use Permit No. 1389-85 which allowed the General On-Sale (type 47) of Alcohol at a Bona Fide Eating Establishment, upon property located at 2045 North Tustin Street. MOTION - Cavecche SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to approve Resolution No. 10222. 11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 12. RECESS TO CLOSED SESSION The City Council recessed at 5:40 p.m. 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 Personnel Manager Mike Harary Employee Organization: Fire Management b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiators: Personnel Director Steven Pham Personnel Manager Mike Harary Employee Organizations: All Bargaining Units c. Conference with Legal Counsel -- Anticipated Litigation Significant exposure to litigation pursuant to Government Code Section 54956.9(b) Two potential cases d. 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. Pa2:e 12 CITY COUNCIL MINUTES October 23,2007 13. ADJOURNMENT - The City Council adjourned at 6:10 p.m. There was no 7:00 p.m. session scheduled for the October 23rd Council meeting. CANCELLED - The Adjourned Regular Meeting Study Session, scheduled for October 23, 2007 at 5:30 p.m. in the Weimer Room to review the proposed City Strategic Plan. The next Regular Meeting of the City Council is scheduled for November 13,2007. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of October 23, 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. Pa2:e 13