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HomeMy WebLinkAbout8_14_2007 - Council MinutesAPPROVED BY THE CITY COUNCIL ON AUGUST 28, 2007 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA August 14,2007 The City Council of the City of Orange, California convened on 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 Sergeant Dave Hill, Orange Police Department 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Carolyn V. Cavecche 1.3 ROLL CALL PRESENT -ABSENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau None 1. 4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Introduction of Miss City of Orange 2008 contestants.Presentation by Douglas Westfall, Chair of the Orange Public Library Board of Trustees on the I s, Annual Orange Spelling Bee & Ice Cream Social, being held September 15' h.Announcement - Badminton U.S. Open Grand Prix Championships to be held at Orange County Badminton Club, August 28 to September I.Announcement - Hart Park Pool Blast from the Past - August 15.2. PUBLIC COMMENTS - None.PAGE 1 CITY COUNCIL MINUTES August 14,2007 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 July 17, 19, and 26, 2007. ACTION:Approved. 3.2 Request approval of City Council Minutes, Regular Meeting of July 24, 2007. C2500.D.4) ACTION:Approved. 3.3 Consideration to waive reading in full of all ordinances on the Agenda. ACTION:Approved. 3.4 First Amendment to Consultant Services Agreement for Tetra Tech, Inc. to provide additional engineering services. (A2100.0 Agr-5004. 1)SUMMARY: In January 2007, the City of Orange entered a contract with Tetra Tech,Inc. to provide engineering services to relocate the existing Santiago Pump Station.Along the transmission main feeding this pump station, a segment of approximately 400 feet is reduced from 16 inches to 12 inches in diameter. In order to provide a better flow and to avoid interruption of water supply during an emergency, the Water Division recommends the construction of an additional main in parallel to the existing one. The cost to design this water main segment is $36,500. 00.ACTION: Approved First Amendment to Consultant Services Agreement with Tetra Tech in the amount of $36,500.00; and authorized the Mayor and City Clerk to execute on behalf ofthe city.FISCAL IMP ACT:contract as follows: 600-8011-426200 Funds are budgeted and are available to cover the cost of the Engineering Services 36,500. CITY COUNCIL MINUTES August 14,2007 3. CONSENT CALENDAR (Continued) AGREEMENTS 3.5 Agreement with the State of California Office of Traffic Safety (OTS) for the DUI Enforcement and Awareness Program Grant. (A2100.O Agr- 5117)SUMMARY: Funding from OTS is being provided for a DUI Enforcement and Awareness Program. The objectives of the grant are to reduce the number of persons injured in alcohol involved collisions, to reduce hit and run injury and fatal collisions,and to reduce nighttime injury and fatal collisions. The majority of the funds will be used for overtime costs associated with DUI/Driver's License checkpoints, DUI saturation patrols and warrant service patrols.ACTION: 1. Approved agreement with the State of California OTS for the DUI Enforcement and Awareness Program and authorized the City Manager to execute the agreement on behalf of the City.2. Appropriated $115,686 from the General Fund, into the Traffic Program for the grant as follows:100- 4041- 41210 1- 2256 100- 4041- 429400-2256 100-4041- 471301-2256 Overtime-Safety Local Training Equipment 96,990 2,250 16,446 FISCAL IMPACT: The City of Orange was approved for a reimbursable grant award in the amount of $115, 686 through the State of California OTS Program funds and there will be no fiscal impact to the General Fund. After appropriation, funds will be available.3.6 Agreements for Official Police Towing and Storage Service.A2100.O Agr-4715; 4716)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. Two of the companies have undergone ownership changes. The current agreements with Orange Towing Inc. and American European Towing need to be revised to reflect change of ownership. NOTE: Staff requested a continuance of this item CITY COUNCIL MINUTES August 14,2007 3. CONSENT CALENDAR (Continued) 3.7 First Amendment to Provider Service Agreement with U.S. Healthworks Medical Group. (A2100.0 Agr-3134.C. l)SUMMARY: The Personnel Department utilizes the services of U.S. HeaIthworks Medical Group for pre-employment physical examinations, annual employee physical examinations and other agreed upon work-related medical examinations. The current agreement is for the sum of $30,000 and this First Amendment is for an additional 50,000.ACTION: Approved First Amendment to agreement with U. S. HeaIthworks Medical Group and authorized Mayor and City Clerk to execute on behalf of the City.FISCAL IMPACT: None. Sufficient funds are available in Account 100-1401-426400, Medical and Psychological Services, to fund these expenditures.BIDS 3.8 Bid No. 078-08; Approval of plans and specifications and request authorizatiou to advertise for bids for construction of Community Development Block Grant CDBG) Projects - Poplar Street and Acacia Avenue Reconstruction ( SP-3585).S4000.S.7)SUMMARY: Plans and specifications have been completed for the reconstruction of Poplar Street and Acacia Avenue under the CDBG Program. The project is ready to be advertised. The total estimated construction cost including contingencies and construction engineering (15%) is $170,000.ACTION: Approved plans and specifications and authorized advertising for bids for the Poplar Street and Acacia Avenue Reconstruction Projects.FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and are available in the following accounts: 310-9645-483300-4061 (CDBG Poplar Street Reconstruction)310- 9645-483300-4055 (CDBG Acacia Avenue Reconstruction)63,000 112,500 3.9 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. Marsha Jean Herr ACTION: Denied Claim(s) CITY COUNCIL MINUTES August 14,2007 3. CONSENT CALENDAR (Continued) CONTRACTS 3.10 Final Acceptance of Bid No. 067-12; City of Orange Eisenhower Lighting, and authorization to file Notice of Completion with the County Recorder (No staff report reauired). (A2100.0 Agr-5015)SUMMARY: Bid No. 067-12; Eisenhower Lighting Project. Staff recommends acceptance of improvements. The Contractor on said job was Reskey Electric Corporation, a California Corporation doing business as Integrity Electric.ACTION: Accepted public work improvements; authorized release of American Contractors Indemnity Company, Bond No. 290546, in the amount of $545, 000.00, and authorized the Mayor and City Clerk to execute the Notice of Completion. FISCAL IMPACT: None.3.11 Award of Contract - Bid No. 078-04; SP- 3605 Annual Mechanical Maintenance Services Contract for Heating, Ventilation and Air Conditioning (HV AC) of Various City Facilities. (A2100.0 Agr-5118)SUMMARY: Bids for Annual HV AC Maintenance Services Contract for various city facilities were received and opened on July 19, 2007. One bidder responded to the Notice Inviting Bids. The apparent low bidder is ACM System, Inc. of Brea in the amount of$86,6l0.ACTION: Awarded the contract in the amount of $86,610 to ACM System, Inc. and authorized the Mayor and City Clerk to execute on behalf of the City.FISCAL IMPACT: Funds are budgeted and available in the Maintenance, Budget in the following accounts:100- 5028-424101-0000 (Public Works, Repairs to buildings)100-5028- 424201-0000 (Public Works, Maintenance contracts)Public Works,140,000.00 34,000.00 3. 12 Award of Professional Services Contract to Tank Industry Consultants, Inc.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. NOTE: Staff requested a continuance of this item CITY COUNCIL MINUTES August 14,2007 3. CONSENT CALENDAR (Continued) 3.13 Award of Bid 078-09; Asphalt Replacement at Various Locations for Fiscal Year 2007-2008. (A2100. 0 Agr-5120)SUMMARY: This annual contract authorizes the replacement of asphalt surfaces disturbed by the City's Water Utility resulting from installation or repairs to the water system. The work includes traffic control, removal of temporary A.C., saw cut and grinding, paving and overlay, adjustment of utility valves and cover to grade, with all labor, equipment, and materials necessary to complete the projects. 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 three more years. Hardy & Harper, Inc. is the lowest responsible bidder for this project.ACTION: Awarded a contract in the amount of $250,000.00 to Hardy & Harper, Inc.and authorized the Mayor and the City Clerk to execute the contract on behalf of the City.FISCAL IMPACT: Funds are budgeted and are available in the Water Operating Fund Account 600-8041-448300. The total bid amount is based upon an estimate of 12 months expenditures.600- 8041- 448300 Asphalt Products $250,000.00 DEEDS 3.14 Acceptance of Easement Deed for storm drain and sewer purposes from Orange County Water District in connection with Del Rio development. (D4000.0)SUMMARY: As part of the Del Rio residential development in northwest Orange,storm drain and sewer facilities were required to be connected to, respectively, the Santa Ana River and an Orange County Sanitation District trunk line. The facilities serve the Del Rio project. Since a portion of the storm drain and sewer facilities crossed over property belonging to the Orange County Water District (OCWD) it was necessary to obtain an easement from OCWD to construct, maintain and place the facilities. The easement fee is $93,230, which has previously been paid by Sun Cal Companies dba North Orange Del Rio LLC.NOTE: Councilmember Bilodeau abstained on this item because of a potential conflict of interest due to his employment.ACTION: Approved and authorized the Mayor and City Clerk to execute the CITY COUNCIL MINUTES August 14,2007 3. CONSENT CALENDAR (Continued) FACILITIES 3.15 Request to close the Orange Public Library & History Center (a.k.a. Main Library) on Friday-Saturday, August 31-September 1, during the 2007 International Street Faire., ( C2500.I)SUMMARY: Closure of the Orange Public Library & History Center from 2- 6 p.m.Friday, August 31, and from 10 a.m. to 6 p.m. Saturday, September I, is requested to avoid competition with the International Street Faire downtown.ACTION: Moved to close the Orange Public Library & History Center from 2-6 p.m.Friday, August 31, and from 10 a.m.-6 p. m. Saturday, September 1. FISCAL IMPACT: None.PURCHASES 3.16 Purchase of Wildland Firefighting Safety Boots. (C2500.H)SUMMARY: A request to authorize the purchase of 125 pairs of White's Smokejumper 400V wildland firefighting safety boots in the amount of $37,039.06.These boots meet the National Firefighting Protection Association (NFPA) 1977 standard for firefighting boots and are regarded by the wildland firefighting industry as an outstanding safety boot that performs well and stands up to vigorous use.ACTION: Authorized the purchase of 125 pairs of White's Smokejumper 400V wildland firefighting safety boots from All Star Fire Equipment, Inc. in the amount of 37,039.06 FISCAL IMPACT: Sufficient funds will be available in CITY COUNCIL MINUTES August 14,2007 3. CONSENT CALENDAR (Continued) RESOLUTIONS REMOVED AND HEARD SEPARATELY) 3.17 RESOLUTION NO. 10184 (C2500.M.16.1) A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 2007-03 adjusting lot lines of certain real property situated at 20 City Boulevard West in the City of Orange, County of Orange, State of California.Owners: Orange City Mills Limited Partnership Maguire Properties - City Plaza, LLC Discussion In response to questions from Councilmember Bilodeau, City Manager John Sibley explained that the new owners of the subject properties desire to restore the property line back to a previous location adjusted in 2005. Councilmember Dumitru was concerned that over the years there have been several extensions for the entitlements, and since the entitlements expire in December, there was the possibility of yet another extension. MOTION - Bilodeau SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Bilodeau NOES - Dumitru ACTION: Approved.3.18 RESOLUTION NO. 10207 (C2500.J.4.1)A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding Between the City of Orange and the Orange Management Association Concerning Wages, Hours, and Other Conditions of Employment Effective July I,2007 Through June 30, 2010 and Repealing Resolution No. 10003 and Amendments Thereto for Said Employees. ACTION: Approved; and authorized staff to make the necessary budget transfers and appropriations to the departments' salaries and benefits accounts to fund the increased costs of the contract. PAGE R CITY COUNCIL MINUTES August 14,2007 3. CONSENT CALENDAR (Continued) 3.19 RESOLUTION NO. 10208 (C2500.J.4.4) A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding Between the City of Orange and the Orange Maintenance and Crafts Employees' Association Concerning Wages, Hours, and Other Conditions of Employment Effective July I, 2007 Through June 30, 2010 and Repealing Resolution No. 10005 and Amendments Thereto for Said Employees. ACTION: Approved; and authorized staff to make the necessary budget transfers and appropriations to the departments' salaries and benefits accounts to fund the increased costs of the contract. 3.20 RESOLUTION NO. 10209 (C2500.J.4.5) A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding Between the City of Orange and the Orange Municipal Employees'Association Concerning Wages, Hours, and Other Conditions of Employment Effective July I, 2007 Through and Including June 30, 2010 and Repealing Resolution No. 10004 and Amendments Thereto for Said Employees. ACTION: Approved; and authorized staff to make the necessary budget transfers and appropriations to the departments' salaries and benefits accounts to fund the increased costs of the contract. 3.21 RESOLUTION NO. 10210 (C2500.J.4.4.1) A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding Between the City of Orange and the Water Division Employees'Association Concerning Wages, Hours, and Other Conditions of Employment Effective July I, 2007 Through June 30, 2010 and Repealing Resolution No. 10006 and Amendments Thereto for Said Employees. ACTION: Approved; and authorized staff to make the necessary budget transfers and appropriations to the departments' salaries and benefits accounts to fund the increased costs of the contract. 3.22 RESOLUTION NO. 10211 (C2500.M.4.20) A Resolution of the City Council of the City of Orange making certain findings undertheCaliforniaEnvironmentalQualityAct; adopting an addendum to the SubsequentMitigatedNegativeDeclarationfortheGrijalvaParkExtensionProject; and approvingplans, specifications and contract documents and authorizing notice inviting bids for the construction of the Gymnasium at Grijalva Park. ACTION: Approved. PAGE Q CITY COUNCIL MINUTES August 14,2007 3. CONSENT CALENDAR (Continued) 3.23 RESOLUTION NO. 10212 (C2500.D) A Resolution of the City Council of the City of Orange commending Mike Spurgeon for his many years of public service both at the City of Orange and the County of Orange. ACTION: Approved. REPORTS 3.24 Fiscal Year 07 Year-End Report of Work Plan Progress, Department Highlights and Status of Capital Improvement and Development Projects covering the period of January 1 through June 30 of 2007. (C2500.E. 4)SUMMARY: Each summer, City staff presents a year-end report to the City Council of departmental performance covering the final half of the fiscal year. This includes reports of progress on Work Plans, Department Highlights and Significant Accomplishments, as well as a report on the status of Capital Improvement and Development Projects. A separate report of the City's financial operations for FY 07 will be presented to the City Council in late November, following the close of the City's books and subsequent completion of the annual external audit.ACTION:Received and filed.FISCAL IMPACT: None.MOTION - Murphy SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Items 3.6 and 3.12 were continued to August 28,2007. Councilmember Bilodeau abstained on Item 3.14. Item 3.17 was removed and heard separately. All other items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR PAGE 10 CITY COUNCIL MINUTES August 14,2007 4. REPORTS FROM MAYOR CA VECCHE - None.5. REPORTS FROM COUNCILMEMBERS Off Aeenda Items Mayor pro tem Dumitru requested a status report on the paramedic program be agendized for August 28, 2007.Councilmember Bilodeau requested a status report on the Resource Center be agendized as soon as possible. City Attorney David DeBerry stated that a report will be ready in the next week and this item should be agendized in September.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. ( 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.MOTION - Cavecche SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Moved to continue to August 28, 2007.8. REPORTS FROM CITY MANAGER - None.PAGE 11 CITY COUNCIL MINUTES August 14,2007 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 17-07 (FIRST READING) (A2500.0.0rd- 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. MOTION - SECOND - AYES Cavecche Smith Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Moved to continue to August 28, 2007.10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION NOTE: The City Council did not recess.12. ADJOURNMENT There was no Regular 7:00 p.m. Session of the August 14, 2007 Council Meeting.The City Council adjourned at 5:00 p.m. to an Adjourned Regular Meeting, Joint Study Session with the Planning Commission, at 7:00 p.m. on August 14, 2007 in the Council Chambers to review the General Plan Update.The next Regular Council meeting is scheduled for August 28, 2007.Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of August 14, 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.