HomeMy WebLinkAbout3_14_2006 - Council MinutesI
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APPROVED BY THE CITY COUNCIL ON MARCH 28, 2006
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING March 14,2006
The City Council of the City of Orange, California convened on March 14, 2006 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 Frank Riley, River 47 Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Steve Ambriz
1.3 ROLL CALL
PRESENT
ABSENT
Smith, Ambriz, Murphy, Cavecche, Dumitru None.
1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Mayor Murphy
announced the Senior Center Friendly Fundraiser benefit to occur on March 22,
from 5:30 - 7:30 at Pat & Oscar's Restaurant.Mayor Murphy announced
the 8th Annual Penny Drive sponsored by Orange High School to benefit the
National Lymphoma Society, beginning with an event at Norm's Restaurant on May
18.2. PUBLIC COMMENTS
Mr. Mark Ferguson,
Silverado, spoke on two Non-Disposal facilities in the Orange Sphere ofInfluence.
Mr. Ray
Bermudez, Santa Ana, spoke on behalf of 500 swap meet vendors against the Orange Drive
In swap meet closure; and requested assistance from the City to obtain an extension, giving
them time to organize and relocate.Ms. Christina
Gnerrero, Montebello, spoke against the closure of the swap meet.Mr. Pablo
Hernandez, Santa Ana, spoke on the day laborers and illegal immigration Issues.Page
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CITY COUNCIL MINUTES Mareh 14,2006
2. PUBLIC COMMENTS (Continued)
Mayor Murphy announced that in April, 2005 a notieed publie hearing was held on the
Arehstone Development to develop the property where the Orange Drive In Swap Meet is
held. Public comments were received, including only one person speaking in opposition
to the project. He indicated that the project received approval and that the City has no
jurisdiction over the agreement between the property owners and the tenants.
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 16 and 23, 2006.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, February 28, 2006.
ACTION:Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
AGREEMENTS
3.4 Agreement for FOG Inspection Services by and between the City of Orange and the
Orange County Sanitation District for certain inspection services related to the
discharge of fats, oils, and grease (FOG) at food service establishments. (A2100.0
Agr-4159.
B)SUMMARY: This agreement with Orange County Sanitation District (OCSD)
will provide certain inspection serviees for food service establishments (FSE) related to
fats,oils and
grease.ACTION: Approved Agreement for Fats, Oils and Grease (FOG) Inspection
Services and authorized the Mayor and City Clerk to execute the agreement with
OCSD.FISCAL IMPACT: Sufficient funds have been budgeted in the amount of $19,
340 utilizing Sanitation Funds in Account No. 220-5022-
427100 (Contractual
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CITY COUNCIL MINUTES March 14,2006
3. CONSENT CALENDAR (Continued)
3.5 Appropriation of funds and approval of Amendment No.1 to Consultant Services
Agreement No. 4738 with Joseph C. Truxaw and Associates for additional
Engineering Design Services for Project No. SP-3233, Cannon Street
Realignment and Widening. (A2100.0 Agr-
4738.1)SUMMARY: Amendment No. I will increase the scope of work to be
complctcd by Joseph C. Truxaw and Associates, Inc., to include the preparation of a
Precise Alignment Study, additional roadway plans, signing and striping plans, signal plans,
field surveying,and additional environmental investigations and report preparation for
the Mitigated Negative Declaration (MND) document for the realignment and widening
of
Cannon Street.An update of the Combined Transportation Funding Program (CTFP),
increased the Interseetion Improvement Program (lIP) funding for this projeet by $52,332.
It is recommended these additional funds be appropriated to the
project account.ACTION: I) Appropriated $52,332 from 550-5011-
264900-3427 (CTFP Revenue) to 550-5011-483300-3427 (
Cannon Street Realignment); and 2) Approved Amendment No.I to the existing Joseph
C. Truxaw and Associates, Inc., Consultant Services Agreement,increasing the eontract amount by $33,850.
00; and 3) Authorized the Mayor and City Clerk to
execute the Amendment on behalf of the City.FISCAL IMP ACT: Upon
appropriation,
funds
will
be available in
the following aceounts:
262-5011-483300-
3427 550-5011-
483300-3427 5,692.05 52,332.00 Cannon Street Realignment Cannon Street Realignment
3.6 Approve First Amendment to Attorney Services Agreement with the Law Firm
of Rutan & Tucker to provide legal services in relation to defending a CEQA
challenge filed against the City's approval
of the The Irvine Company residential development in East Orange. (A2100.0 Agr-4798.1)SUMMARY:
The Sierra Club has filed a legal challenge to the City'
s approval of The Irvine Company's residential development in East Orange. Rutan & Tueker
were retained to provide the defense for the City. The Irvine Company,
a co-defendant, has retained its own counsel.
The proposed First Amendment would increase the not-to-exceed amount from $30,
000 to $150,000.ACTION: Approved and authorized
the Mayor and City Clerk to execute the First Amendment to Agreement with
Rutan and Tueker, LLP.FISCAL IMPACT: None. Pursuant to conditions contained
in the
CITY COUNCIL MINUTES March 14,2006
3. CONSENT CALENDAR (Continued)
3.7 FY 2005 Edward Byrne Memorial Justice Assistance Grant (JAG).
A2100.0 Agr-
4854)SUMMARY: The U.S. Department of Justice made funds available under the FY
2005 JAG Program. On March 31, 2005, all Orange County cities and the County submitted
a joint application. The total joint award amount was $849,986, of which the City
of Orange received $35,644. The County of Orange is requesting approval of an
agreement that allocates the City's 2005 JAG funds as follows: $14,258 to the Orange
County ProActive Methamphetamine Laboratory Task Force (PROACT), $178 to the County
for administrative fees and $21,208 for the purchase of Fire Arm Training Simulator (
FATS)program equipment and
software.ACTION: I) Authorized the City Manager or his designee to execute the
agreement between the City and the County of Orange for FY 2005 JAG funds; 2)
Appropriated 21,208 to account 353-401l-471301-2253 (Police
Equipment-2005 JAG) for the purchase of FATS program equipment and software; and
3) Amended the FY 2005-06 Revenue Budget to reflect the receipt of the $21,208
grant
revenue to account No. 353-4011-264500-2253.FISCAL IMPACT: There is no fiscal impact
to the Federal Police Grant fund as the appropriation is offset by grant
revenue. After appropriation, funds will be available in the Administration
Program budget for the
JAG grant as follows:353-
401l-471301-2253 $21,208 Equipment 3.8 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. Maricruz Gutierrez ACTION: Denied
Claim(s)
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CITY COUNCIL MINUTES March 14, 2006
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.9 Final Acceptance of a certain public work and improvement; Bid No. 045-02,
Re-painting of Traffic Signal Indications and Controller Cabinets from
Southwest Coatings, Inc. (No staff report required). (A2100.0
Agr-4552)SUMMARY: Southwest Coatings, Inc. was awarded a contract on September
24, 2004 to re-paint traffic signal indications and controller cabinets. Phase One
was in the amount of $134,000. and provided for the painting of equipment at
90 intersections. out The contract that was amended September 12, 2005 was for $84,000 (
Phase Two) and closed the project with an additional 35 intersections. The final cost
of the project including the amended contract
was $218,000.ACTION: Accepted public works improvement, authorized release
of retention funds,and authorized the Mayor and City Clerk to execute the
Notice of Completion.FISCAL
IMP ACT: None.3.10 Award of Contract - Bid No. 056-16; SP-3544
Rehabilitation of Miscellaneous City Streets Under The Transportation Congestion Relief
Funds (TCRF) Program, FY
2005-06. (A2100.0 Agr-4853)SUMMARY: The bids were opened on February
9, 2006. Seven (7) bidders responded to the invitation for bids. The apparent low
bidder is All American Asphalt, for 561,561.00. The Engineer'
s Estimate is $574,730.00.ACTION: Awarded a contract in the amount of $561,
561.00 to All American Asphalt,P.O. Box 2229 Corona, CA 92878-2229, and
authorized the Mayor and City Clerk to execute
the contract on behalf of the City.FISCAL IMP ACT: Funds are
budgeted and available in the
Capital Improvement Program in the following account:
340-5011-483300-3116 $575,667 (Traffic Congestion Relief Funds)3.11 Approve Contract Change Orders
Nos. 1 and 2 for Bid No. 045-47 -
Waterline Renewal for 700 E. Taft Avenue. (A2100.0 Agr-4725)SUMMARY: These contract
change orders are the result of changes in the field. The first change order reduced the
amount of pipe by approximately 1,000 feet resulting in a credit to the City of $
68,101.00. The second change order is due to unforeseeable obstructions and
changesduring the course of construction resulting in increased costs of 58,171.45. The net result of these
two change orders is a reduction in the
cost of
CITY COUNCIL MINUTES March 14,2006
3. CONSENT CALENDAR (Continued)
ACTION: Approved the following Contract Change Orders and authorized the Mayor
and City Clerk to execute on behalf of the City:
Contract Change Order No. I: Credit in the amount of$68,101.00 due to the reduction in
total length of pro posed water main;
Contract Change Order No.2: In the amount of $58, 171.45 to John T. Malloy, Inc., 3032
Bandini Blvd., Los Angeles, CA 90023.
FISCAL IMP ACT: Funds are budgeted and are available in the following account:
601-8041-484501-8400 $195,040.00
Pipeline
Renewal Materials PARKING 3.12 Approval of NO FEE parking permits in Municipal Parking Lot J [
So Orange St.]for the Assistance League of Orange (10) and First United
Methodist Church (2);Third World Gifts and Handarts (3) and Orange Elderly Services (
4) would utilize parking in Municipal Parking Lot E [N. Olive St.]. (S4000.S.
3.1.2)SUMMARY: The Assistance League of Orange, Third World Gifts
and Handarts, First United Methodist Church and Orange Elderly Services are requesting
issuance of NO FEE parking permits to accommodate their charitable medical
and community activities.This request is reviewed annually by
the City Council.ACTION: Approved the request and issue the parking permits, valid July
I, 2006 thru
June 30, 2007.FISCAL IMP ACT: Loss of $6,840 annual
parking
permit fees.QUITCLAIM 3.13 Quitclaim of an abandoned 20 foot wide easement for sanitary
sewer and domestic water line and incidental purposes located north of Chapman Avenue
and east of Rampart
Street. (D4000.0)SUMMARY: This sanitary sewer and domestic water line easement
has been relocated to another dedicated location on the property. The easement area is now
included as part of a new condominium project that is
currently under construction.ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim
Deed to Orange Apartments Holdings, LLC, the owner
of the property.FISCAL IMP ACT: A $500.00 processing fee
has been
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CITY COUNCIL MINUTES March 14,2006
3. CONSENT CALENDAR (Continued)
SPECIAL EVENTS
3.14 A proposal to use the Community Services Van, Unit 1145 in the Baker to Vegas
Relay Race. (C2500.K)
SUMMARY: The Baker to Vegas Relay Race is a competitive running event that covers
120 miles. What began as a competition between the Los Angeles Police Department
and the Los Angeles County Sheriffs Department has grown into an event for law
enforcement agencies nationwide. The Orange Police Department has participated in this
event for over 13 years.
ACTION: Approved the use of Community Services Van Unit 1145, and gas, as a follow
vehicle during the Baker to Vegas Relay Race, March 30 through April 3, 2006.
FISCAL IMP ACT: The department will pay all gasoline costs from Account No. 100-
4011-447500, Administration-Outside Motor
Vehicle
Service.RESOLUTIONS 3.15 RESOLUTION NO. 10067 (
S4000.SA)A Resolution of the City Council of the City of Orange temporarily closing
sections of public streets for approved
special
events.DATE September
1-4, 2006
October 26, 2006
December 2-3,
2006
April 22, 2007
DATE April 30,
2006 November 2-
4,
2006 November II,
2006 DATE October
26, 2006December 2-
3, 2006 EVENT - PLAZA CLOSUREInt'l. Street Fair - Int'
l. Street Fair Committee TreatsIn The
Streets - Community Services Tree Lighting &
Candlelight Choir Procession Charity Car Show - Orange
Sunrise RotaryEVENT - STREET
CLOSURE Datsun Z-Car Show, MotorsportIndustries - Collins
Ave.St. John's Annual Family Fall Festival- Shaffer
Street Veterans Day Celebration - Atchison Street
EVENT - PARKINGREMOVAL Treats
In The Streets - Southeast Quadrant of Plaza Tree Lighting
Ceremony & Candlelight Choir Procession -Northeast Quadrant of
Plaza Page 7
CITY COUNCIL MINUTES March 14, 2006
3. CONSENT CALENDAR (Continued)
DATE
April 19, 2006
EVENT - SUSPEND PERMIT PARKING Orange
High School- Orange Blossom Festival-Chapman
Univ. Neighborhood Permit Parking Area Orange
High School Baccalaureate & Graduation Chapman
Univ. Neighborhood Permit Parking Area July
3rd Celebration - Permit ParkingAreas D & G Int'l.
Street Fair - Chapman Univ. NeighborhoodPkg Area Chapman Univ. American
Celebration -Chapman Univ. Neighborhood Permit
Parking Area EVENT - CLOSURE OF MUNICIPAL
PKG. LOT Int'l. Street Fair - Municipal
Lots J & K June II & 15,2006 July 3,
2006 September 1-4,
2006 November 3-
4, 2006 DATE
September 1-4,
2006
ACTION: Approved.MOTION -
Ambriz SECOND -
Smith AYES - Smith,
Ambriz, Murphy, Cavecche,
Dumitru All items on the Consent Calendar
were approved as recommended.END OF CONSENT CALENDAR 4. REPORTS
FROM MAYOR MURPHY - None.
5. REPORTS FROM COUNCILMEMBERS - None.6. REPORTS
FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.
1 Report from the Public Works Director/
City Engineer on the City Traffic Commission's Annual Activity Report. (ORI800.0.19)
SUMMARY: This report represents the issues reviewed and
acted upon by the City Traffic Commission in the last year.MOTION - Ambriz SECOND -
Cavecche A YES - Smith, Ambriz,
Murphy, Cavecche, Dumitru
ACTION: Received and
Filed report.Page 8
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CITY COUNCIL MINUTES March 14, 2006
7. ADMINISTRATIVE REPORTS
7.1 Report from City Attorney - Fourth Amendment to Attorney Services Agreement with
the Law Firm of Rutan & Tucker, LLP to provide legal services related to the lawsuit against
Jeff Hambarian and others. (A2100.0 Agr-3184.A.4)
SUMMARY: The City has retained the law firm of Rutan & Tucker to prosecute the City's civil
case against Jeff Hambarian and other defendants relating to the City's allegations that prior to
1998, such defendants defrauded the City and its ratepayers in connection with the provision of
trash collection, recycling and disposal services. Rutan & Tucker was first retained in 1999. In
2001 the City Council amended the agreement increasing the not-to-exceed amollnt to
5750,000.That amount is about to be exceeded. The proposed amendment would increase
the not-to-exceed amount
to $950,000.
MOTION - Ambriz SECOND -
Smith AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to approve and authorize the Mayor and City Clerk to execute the Fourth Amendment to
Agreement with Rutan & Tucker, LLP and approve appropriation from the unreserved balance of
the Solid Waste Fund 222 to Account No. 222-5022-426100 (
legal services).FISCAL IMP ACT: The legal fees are being paid out of the sanitation fund, which in
turn is funded by proceeds from the City's 1999 settlement with Orange Disposal Services
and Orange Resource Recovery Services. Funds will be available in the Solid Waste Fund Account
No. 222-5022-426100 (legal services)
after the appropriation.8. REPORTS FROM CITY
MANAGER - None.9.
LEGAL AFFAIRS 9.1 ORDINANCE NO.4-06 (SECOND READING) (A2500.
0 Ord-04-06 Parking)An Ordinance of the City Council of the City of Orange amending Section
17.14.090 of the Orange Municipal Code regulating the
parking and storage
ofrecreational vehicles.MOTION -
Dumitru SECOND - Cavecche AYES - Smith,
Cavecche, Dumitru NOES - Ambriz,
Murphy Moved that Ordinance No. 4-06 be read by title only and same was approved and adopted
by the
preceding vote.
CITY COUNCIL MINUTES March 14,2006
9. LEGAL AFFAIRS
9.2 ORDINANCE NO. 5-06 (SECOND READING) (ZI500.0
ZCG-1231-05)An Ordinance of the City Council of the City of Orange approving
the reclassification of property generally located at 1545 North Glassell Street from Unzoned to
RO (Recreation
and Open Space).
Zone Change 1231-
05 Applicant: Todd
Flammer MOTION - Ambriz
SECOND - Smith AYES - Smith, Ambriz, Murphy, Cavecche,
Dumitru Moved that Ordinance No. 5-06 be read by title only and same was approved and adopted
by the
preceding vote.10. RECESS TO THE MEETING OF THE ORANGE
REDEVELOPMENT AGENCY 11. RECESS TO
CLOSED SESSION NOTE: The City Council did
not recess.The City Council will recess to a Closed Session for the
following purposes:a. 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.
12. ADJOURNMENT The City Council adjourned at 4:55 p.m. to an Adjourned Regular Meeting, Study
Session, on Tuesday, March 21 at 5:00 p.m. in the Weimer Room, to review 2006-2007
Budget
Goals and Workplans.There is no 7:00 p.
m. Session scheduled.Declaralion of Cily Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular
rneeling of March 14, 2006 al Orange Civic Center kiosk, Police facilily at 1107 North Batavia, Shaffer Park; all of
said localions being in the City of Orange and freely accessible to members of the public at least 72 hours before
commencement of
said regular
meeting.ltl~L~~M.
E. MURP!'
tY-CIT
CLERK
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