HomeMy WebLinkAbout8_28_2007 - Council MinutesAPPROVED 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.
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PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of
Employee Service Awards.2. PUBLIC
COMMENTS - None.PalZe 1
CITY COUNCIL MINUTES August 28, 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 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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CITY COUNCIL MINUTES August 28, 2007
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 $144,485.00 to Tank
Industry Consultants, Inc. and authorized the Mayor and the City Clerk to execute the
contract on behalf of the City.FISCAL IMP ACT: After appropriation, funds will be available
to cover the
cost of the contract as follows:601-
8041-484400-8301
CITY COUNCIL MINUTES August 28, 2007
3. CONSENT CALENDAR (Continued)
3.8 Agreement with the Rancho Santiago Community College District (RSCCD) for
the maintenance of the parkways surrounding Santiago Canyon College.
A2100.0 Agr-
5121)SUMMARY: The City and the RSCCD have prepared an agreement that has
been approved by the RSCCD Board to maintain the parkways surrounding Santiago
Canyon College. RSCCD agrees to pay the City all costs for the maintenance,
including contract services, utilities and administration. Previously, the cost for maintaining
the parkways was paid by the Landscape Maintenance District
86-2.ACTION: Approved the Maintenance Agreement for the parkways at
Santiago Canyon College and authorized Mayor and City Clerk to execute on behalf of
the City.FISCAL IMP ACT: This agreement will reimburse the City for the maintenance
at no cost to the City or Landscape Maintenance
District
86-2.BIDS REMOVED AND HEARD
SEP ARATEL Y)3.9 Award Bid No. 078-11 and transfer of funds for
the Hart Park PoollDeck Renovation, CIP No.
0025. (A2100.0 Agr-5122)SUMMARY: Bids were received and opened for the
Hart Park Pool/Deck Renovation on August 14, 2007. The apparent low bidder is
Abeam Construction, Inc. in the
amount of$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
CITY COUNCIL MINUTES August 28, 2007
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
CITY COUNCIL MINUTES August 28, 2007
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
CITY COUNCIL MINUTES August 28, 2007
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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CITY COUNCIL MINUTES August 28, 2007
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 Pa2:e
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CITY COUNCIL MINUTES August 28, 2007
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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CITY COUNCIL MINUTES August 28, 2007
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 willincludecostinformationandwaystoenhancerevenuetominimizetheimpacttotheGeneral
Fund.Pal!
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CITY COUNCIL MINUTES August 28, 2007
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.Pa2:
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CITY COUNCIL MINUTES August 28, 2007
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 Pal!e
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