HomeMy WebLinkAbout3_13_2007 - Council MinutesAPPROVED BY THE CITY COUNCIL ON MARCH 27, 2007
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 13,2007
The City Council of the City of Orange, California convened on March 13, 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 John Adams, Christian Businessmen's Committee
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Carolyn Cavecche
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation to
Santiago Canyon College Women's Soccer Team, State Champions.Presentation to
City employee, Joe Chavez, for his heroic efforts.Announcement of
wireless public access at the EI Modena and Taft branch libraries by Library Services
Director Nora Jacob.2. PUBLIC
COMMENTS Kathy Ashford,
Windes Drive, spoke on the recent Windy Ridge fire; and suggested a citizens' committee
to work with the City to help prepare for disasters.Andrew Ashford,
Windes Drive, spoke on fire danger in East Orange.Page I
CITY COUNCIL MINUTES March 13,2007
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 February 15 and 22, 2007.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of February 27, 2007.
C2500.D.4)
ACTION:Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 Investment Oversight Committee Report for period ending February 28, 2007.
OR1800.0.27.16)
ACTION:Received and filed.
AGREEMENTS
3.5 Permit and Agreement with CHOCO Realty Corporation for the construction,
operation, use and maintenance of a pedestrian bridge over West La Veta Avenue.
A2100.0 Agr-
5042)NOTE: Councilmember Bilodeau abstained on this item because of a possible
conflict of interest due to
employment.SUMMARY: CHOCO Realty Corporation, the owner of the Children's Hospital
of Orange County (CHOC), is applying for a permit to construct, operate, use
and maintain a pedestrian bridge from a new parking structure constructed by CHOC on
the south side of West La Veta Avenue over the street right-of-way to
the
Children's Hospital.ACTION: Approved the terms of the Permit and Agreement;
authorized and directed the Mayor and City Clerk to execute the Permit and Agreement on behalf
of the City,and record in the Official Records of the
County of Orange.
FISCAL IMPACT:
CITY COUNCIL MINUTES March 13,2007
3. CONSENT CALENDAR (Continued)
3.6 First Amendment to Agreement with VisionAIR for Police Department's
CAD/RMS/Mobile systems. (A2100.0 Agr-3217.E.
l)SUMMARY: The City and VisionAIR have entered into Agreement No. 3217.E
for provision of annual maintenance of the Police Department's CAD/RMS/
Mobile systems. The State of California has made funds available to all localities for
the purchase of GIS mapping systems. The cost of this system from VisionAIR
is 40,060.3 7. All costs will be reimbursed by the State of
California.ACTION: Approved First Amendment to Agreement No. 3217.E with VisionAIR
and authorized the Mayor and the City Clerk to execute the agreement on behalf of
the City; and appropriated $40,060.37 to account 100-4011-427800 for the
purchase of
the mapping system.FISCAL IMPACT: Upon appropriation, funds will be available to cover the
cost of the
agreement as follows:100-4011-427800 Administration-
Other Contractual Services $40,060.37 3.7 Cooperative Agreement between the City
of Orange and the Orange Unified School District for the realignment
and widening of Cannon Street and improvements to Linda Vista Elementary
School
Parking Lot. (A2100.0 Agr-5043)SUMMARY: The Cooperative Agreement between the
City of Orange and the Orange Unified School District establishes the respective
responsibilities of each agency for the widening of Cannon Street and the improvements
to the Linda Vista Elementary School Parking Lot. The Public Works Department has
been in negotiations with the Orange Unified School District to provide parking
lot improvements to Linda Vista Elementary School in exchange for a 20-foot strip of
the parking
lot needed for the roadway widening project.ACTION: Approved the Cooperative
Agreement and authorized the Mayor and City Clerk to execute
the agreement on behalf of the City.FISCAL IMPACT: There will be no cost for filing
the Grant Deed with the County for the Orange Unified School District
parcel. Construction costs for the parking lot improvements will
be part
CITY COUNCIL MINUTES March 13,2007
3. CONSENT CALENDAR (Continued)
3.8 First Amendment to System Procurement Agreement with Intellitime Systems
Corporation. (A2100.0 Agr-4572.
1)SUMMARY: Approve First Amendment to Agreement with Intellitime
Systems Corporation in order for the City to acquire badge reader equipment for use at
the Corporation Yard, and upgrade to an enhanced version of the Time and
Attendance software so the City can automate its manual supplemental time sheets into the
system.ACTION: Approved the First Amendment to System Procurement Agreement
with Intellitime Systems Corporation at a cost not to exceed $17,405 (Badge Reader -
10,655; Software Upgrades - $6,750); and Approved a transfer in the amount of $17,405 from
the Financial Management Information System Replacement account (790-1601-
481303-9642) to the Intellitime Time and Attendance account (
790-1601-481303-9643).FISCAL IMP ACT: After the transfer, adequate
funds
will be available.BIDS 3.9 Bid No. 067-39; SP-3595 Fiscal Year
2006-07 Phase II Annual Street Maintenance Program - Slurry Seal at
Various Locations. Approval of Plans and Specifications and authorization to
advertise for bids. (S4000.S.7)SUMMARY: Plans and specifications have been
completed for the annual slurry seal of miscellaneous City streets under the
Street Maintenance Program, Phase II. The Project is ready to be advertised. Construction
cost is estimated at $250,000.ACTION: Approved plans and specifications and
authorized advertising for bids for the FY 06-07 Phase II Street Maintenance Program -
Annual Slurry Seal at Various Locations.FISCAL IMPACT: Funds are available
in Operating Budget and Capital
Improvement Project, in the following account:262-5011-
483300-3120 Local Street Maintenance-
Measure M Turnback $250,000 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. Michael Ginger b. Amy Luedeke c. Stanley
P. Halliday d.
County of Orange (related to Grumbach lawsuit)
e. Jillian Warmack f. Estate of Brian Boydston, et al.ACTION: Denied Claim(
s) for
CITY COUNCIL MINUTES March 13,2007
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.11 Award of Contract - Bid No. 067-23; Well 26 Electrical Equipment Installation &
Site Plans. (A2100.0 Agr-
5044)SUMMARY: This contract authorizes the construction of a utility building
and installation of electrical equipment along with paving, fencing, and landscaping for
the well site. Arnaz Engineering Contractor of Anaheim is the lowest responsible
bidder for this project with the bid amount of $433,000.00. The engineering cost estimate
is 480,000.
00.ACTION: Transferred $373,000.00 from Account No.
601-8011-484102-8223 Serrano Pump Station) to Account
No. 601-8011-484101-8118 (Well 26 Construction); and Awarded the
contract to Arnaz Engineering Contractor, Inc. of Anaheim and authorized the Mayor and the
City Clerk to execute
the agreement on behalf of the City.FISCAL IMPACT: After transfer, funds are available
to cover the cost of the contract.3.12 Contract Change Order No.1 and Final
for Bid No. 067-18 - Orange Police
Headquarters Bollard Protection System. (A2100.0 Agr-4992)SUMMARY: This contract change order is
the result of adding six more bollards after going out to bid. The addition of these bollards
was necessary to insure a high level of security for the entire Police Headquarters.
This change order will increase the cost of the project in an amount of $6,500, bringing
the project total cost to $33,100.00.ACTION: Approved Contract Change Order No. I in
the amount of $6,500 to Allied e.Corporation, 18001 Cowan, Suite L,
Irvine, CA 92614; and appropriated $9,314.00
from unreserved General Fund balance to account 100-4081-471200-2317.
FISCAL IMPACT: Upon appropriation,
funds are available. in the following account:100-4081-471200-2317 $ 9,
314.00 3.13 Final Acceptance of Bid No. 067-01; Cambridge
Street Rehabilitation AHRP Project from ST-22 to
La Veta Avenue & Collins Avenue to Adams Avenue.No Staff
Reoort Reauired) (A2100.0 Al!r-4995)SUMMARY: Bid No. 067-01,
for Cambridge Street Rehabilitation AHRP
Project from SR-22 to La Veta Avenue & Collins Avenue
to Adams Avenue. Staff recommends acceptance of this project.ACTION: Accepted improvements and
authorized release of
Travelers Casualty and
Surety Company
CITY COUNCIL MINUTES March 13,2007
3. CONSENT CALENDAR (Continued)
3.14 Final Acceptance of Bid No. 067-16; Earlham Street Storm Drain
Improvements.No Staff Reoort Reauired) (A2100.0
Agr-4998)SUMMARY: Bid No. 067-16, for the Earlham Street
Storm Drain Improvements.Staff recommends acceptance
of this project.ACTION: Accepted improvements and authorized release of
Fidelity and Deposit Company of Maryland performance Bond No. 08872004, in
the amount of
142,650.00.
FISCAL
IMPACT: None.QUITCLAIM 3.15 Quitclaim of an old Santa Ana Irrigation Company (S.A.V.I.)
easement at 192 North Cambridge
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 Elmer H. Holthus and Virginia H. Holthus for the S.A.V.I. easement located
at 192
North Cambridge Street.
FISCAL IMPACT: None.
MOTION - Dumitru SECOND -
Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Councilmember Bilodeau abstained on Item 3.5. All 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.Page 6
CITY COUNCIL MINUTES March 13, 2007
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.7.
ADMINISTRATIVE REPORTS 7.
1 Report from Public Works Director - Bid No. 067-36; SP-3591 Fiscal Year 2006-
07 Annual Street Maintenance Phase II - Asphalt Concrete Overlay at Various Locations.
Approval of Plans and Specifications and authorization to advertise for bids.S400.
0 S 7)SUMMARY:
Plans and specifications have been completed for the rehabilitation of miscellaneous
City streets under the Annual Street Maintenance Program, Phase II. The Project
is ready to be advertised. Construction cost is estimated at $2.064 million.MOTION -
Bilodeau SECOND - Murphy
AYES - Smith, Murphy,
Cavecche, Dumitru, Bilodeau Moved to: I) Approve
plans and specifications and authorize advertising for bids for the FY 2006-07 Annual Street
Maintenance Phase II - Asphalt Concrete Overlay at Various Locations;2) Transfer $135,744
from 340-5011-483300-3116 (TCR Highway Maintenance) to 340-5011-
483300-3120 for local street maintenance; and 3) Appropriate $216,880 from Fund 340 (
TCR fund) to 340-5011-483300-3120
for local street maintenance.FISCAL IMPACT: Funds will be available in the following
accounts
upon appropriation and transfer:262-5011-483300-3120 Local Street Maintenance -
Measure M Turnback $1,
710,921 340-5011-483300-
3120 TCRF $ 352,624
8. REPORTS FROM CITY MANAGER Off Al!enda Item Fire Chief Bart Lewis provided an update on
the
status and effects of the March II th Windy Ridge fire, recognizing the team
efforts of staff, outside agencies, the Police Department's traffic control
and evacuation efforts, and the public's cooperative response.Council commended the efforts by
City departments for their team effort with other agencies,indicating this was a reminder for
citizens to be prepared for the next emergency. Mayor Cavecche commented on the use
of the City's web site in disseminating information,acknowledging that the
website received 500,000 hits. Councilmember Bilodeau requested the names
of outside
CITY COUNCIL MINUTES March 13, 2007
8. REPORTS FROM CITY MANAGER (Continued)
8.1 Update on the status of the Chip Seal Project. (S4000.S.7)
Public Works Director Gail Farber reported that staff is in the process of reviewing findings
and recommendations from an outside consultant on this project, and will be meeting with the
contractor to discuss it. Staff will report back to Council at a later date with more information.
8.2 Report on Graffiti Removal Efforts City-wide. (C2500.M)TAPE
1600)Public Works Director Gail Farber, and Police Chief Bob Gustafson provided an update on
the City's multi-disciplined approach to addressing graffiti, including
enhanced community outreach and public education; aggressive prosecution; and activities and efforts
to enhance
eradication efforts.Councilmember Smith requested that private schools be included in the
education outreach.Councilmember Bilodeau requested that the brochures also be published in
other languages.Mayor Cavecche stated that the utility companies not furnishing information on
which utility boxes they own should not be included in the voluntary program provision of
Ordinance No.16-06. She also indicated her support for looking at using additional contract
staff to provide a proactive service
for graffiti removal.Public Works Director Gail Farber stated that graffiti could be reported on the
City's website and hotline, as well
as through e-mail.9.
LEGAL AFFAIRS TAPE 2250)9.1 ORDINANCE NO. 8-07 (FIRST
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.Speaker - Shirley Grindle, suggested a continuance of this
item for further
review.MOTION - Smith
SECOND - Dumitru AYES - Smith, Murphy, Dumitru,
Bilodeau NOES - Cavecche
Moved to adopt contribution limits of $1,000 per general and special election cycles and $500
for recall elections.
Mayor Cavecche voted No, stating that she supports a maximum contribution limit of $800.
Page 8
CITY COUNCIL MINUTES March 13,2007
9. LEGAL AFFAIRS (Continued)
MOTION - Murphy SECOND -
Smith AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance
No. 8-07 be read by title only and same was set for second reading by the preceding
vote.Mayor Cavecche
stated that she is opposed to a limit on how much a candidate can loan their own committee,
but voted to support this Ordinance.MOTION - Smith
SECOND - Murphy AYES -
Smith, Murphy, Dumitru
NOES - Cavecche, Bilodeau Moved to
direct staff to bring
back a report on the use of Legal Defense Funds for candidates.MOTION - Murphy SECOND - Smith AYES - Smith,
Murphy, Dumitru NOES -
Cavecche, Bilodeau Moved
to adopt a provision, to
be included in the
ordinance, requiring a person who publishes,distributes or broadcasts a communication which constitutes an independent expenditure
of 1,000 or more in opposition to a City Candidate
within the last 16 days before an election, to notify the candidate being opposed in the communication at least
24 hours prior to the first publication, distribution or broadcast of the independent expenditure communication.Councilmember
Bilodeau and Mayor Cavecche voted No, stating their concerns
with enforcement and suggested further review.10. PUBLIC HEARINGS 10.1
CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY
CSCDA) REVENUE BONDS
FOR THE BENEFIT OF ST. JOSEPH HEALTH
SYSTEM SJHS). (S3500.A.8.1)Time set for public hearing
to consider the financing and
refinancing of six medical facilities throughout California, including the construction, expansion, remodeling, renovation and furnishings
and equipping of St. Joseph Hospital, Orange and other
health care facilities related thereto, owned and operated by SJHS. The CSCDA is requesting
that the City conduct a public hearing on and approve the issuance of tax-exempt revenue
obligations in an aggregate principal amount not to exceed $495,075,000. Approximately $186
million of the proposed tax-exempt debt is expected to be used for the Project
known as St. Joseph Hospital and the system's office located at 1100 W. Stewart Drive, 1000 W. La
Veta, and 500 S. Main Street.Page 9
CITY COUNCIL MINUTES March 13,2007
10. PUBLIC HEARINGS (Continued)
The project will provide for the construction and reimbursement of previous expenditures for
the patient care center and cancer center.
NOTE: Councilmember Bilodeau abstained on this item because of a possible conflict of
interest due to employment, and left the dais.
MAYOR CA VECCHE OPENED THE PUBLIC HEARING.
Mayor Cavecche noted there were no written comments received.
Mr. Larry Ainsworth, CEO, St. Joseph Health System, provided a status report on the
construction at St. Joseph Hospital.
MAYOR CA VECCHE CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 10170
A Resolution of the City Council of the City of Orange approving the issuance of revenue
bonds by the California Statewide Communities Development Authority to benefit St. Joseph
Health System.
MOTION - Smith SECOND -
Murphy AYES - Smith,
Murphy, Cavecche, Dumitru ABSTAINED (RECUSED) - Bilodeau
Moved to adopt Resolution
No. 10170.10.2 CONDITIONAL USE
PERMIT NO. 2625-06 - SCHOOL PRIDE BINGO.C3300.0 CUP-2625-
06)Time set
for a public hearing to consider request to operate bingo games on Wednesdays and Saturdays from
6:00 p.m. to II :00 p.m. and shared parking at an existing industrial complex,located at
1030-1032 N. Lemon Street.NOTE:
This project is categorically exempt from the prOVlSlons of the California Environmental
Quality Act per State CEQA Guidelines Section 15301 (Class I - Exemption).Page 10
CITY COUNCIL MINUTES March 13, 2007
10. PUBLIC HEARINGS (Continued)
MAYOR CA VECCHE OPENED THE PUBLIC HEARING.
Mr. Jim Frize, Applicant, spoke in support ofthe proposal.
Michael Short, Orange High School Band Director, stated that the funds raised through the
Bingo program enhanced the Band's Scholarship program.
MAYOR CA VECCHE CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 10171
A Resolution of the City Council of the City of Orange approving Conditional Use Permit No.
2625-06 allowing bingo games (bingo hall facility) and a shared parking facility at the
property located at 1030-1032 North
Lemon Street.Applicant: Jim Frize, OUSD School
Pride Bingo MOTION -
Dumitru SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved
to adopt Resolution No. 10171.11.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
12.
RECESS TO CLOSED SESSION - The City Council recessed at 6:30 p.m. to a Closed Session
for the following purposes:a. Public
Employee Performance Evaluation pursuant to Government Code Section 54957.Title: City
Attorney b. Conference
with Labor Negotiators pursuant to Government Code Section 54957.6:City's
representatives: City Manager John Sibley / Personnel Director Steven Pham Personnel Manager
Mike Harary Employee Organization:
Top Management 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.Page II
CITY COUNCIL MINUTES March 13, 2007
13. ADJOURNMENT - There was no 7:00 p.m. Session scheduled.The
City Council adjourned at 8:15 p.m. to an Adjourned Regular Meeting, Study Session, on Tuesday,
March 20 at 5:00 p.m. in the Weimer Room, to review 2007-2008 Budget Goals and
Workplans.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of March 13,2007 at Orange Civic Center kiosk, Police facility at 1107 North
Batavia, Shaffer Park; 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.
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JMURPHY_CITY CLER,
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