HomeMy WebLinkAbout10_23_2007 - Council MinutesAPPROVED 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.
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:
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 availablein the following account:100-2016-427600-0000 $
10,000.00
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 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
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
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 $2,400from 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:
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:
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