HomeMy WebLinkAbout4_11_2006 - Council MinutesI
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APPROVED BY THE CITY COUNCIL ON APRIL 25, 2006
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING April 1 1,2006
The City Council of the City of Orange, Cali fornia convened on April 11, 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 Danny Kurirnay, Zion Christian Center
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Carolyn Cavecche
1.3 ROLL CALL
PRESENT
ABSENT
Smith, Ambriz, Murphy, Cavecche, Dumitru None
1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation from
Wes Rose and Carter James of the Orange Jr. Soccer Club celebrating the Club'
s 40th anniversary.Proclamation honoring
National Public Safety Telecommunications Week April 9-15 presented
to City of Orange Police Dispatchers.2.
PUBLIC COMMENTS - None.PAGE 1
CITY COUNCIL MINUTES April 11, 2006
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 separatc 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 March 16,23, and 30, 2006.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of March 28, 2006 (as
corrected), and Adjourned Regular Meeting of April 4,2006. (C2S00.D.4)
ACTION:Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
AGREEMENTS
3.4 Cooperative Agreement between the City of Orange and the County of Orange for
storm drain improvements on EarIham Street from Chapman Avenue to Pearl
Street. (A2100.0 Agr-
4871)SUMMARY: The Cooperative Agreement between the City of Orange and the
County of Orange establishes the funding and respective responsibilities of each agency for
the storm drain improvements on Earlham
Street.ACTION: Approved the Cooperative Agrcement and authorized the Mayor and
City Clerk to execute on behalf of the
City.FISCAL IMPACT: Funds are budgeted and available in the following
account:530-5011-483400-5106 $30,000
Misc. Storm
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CITY COUNCIL MINUTES April 11,2006
3. CONSENT CALENDAR (CONTINUED)
3.5 2004 Homeland Security Grant - County of Orange (acting through its lead agency,the
Orange County Sheriff-Coroner Department) Agreement to Transfer Property
or Funds to enhance countywide emergency preparedness. (A2100.0 Agr-4457.
A)SUMMARY: In 2004, the County of Orange (acting through its lead agency, thc
Orange County Sheriff-Coroner Department) applied for and was awarded $10,442,53
I in Homeland Security Grant funds. The funds are to be used for Office
of Domestic Preparedness (ODP) training, and emergency preparedness equipment purchases
that are federally approved through the Department of
Homeland Security.This transfer agreement covers the items that have been purchased through
the 2004 Homeland Security Grant and the upcoming services for the
following items:MIR3 - Automated Notification
System;Web EOC - Web based softwarc designed to help automate Emergency Operation Center
EOC) activations;
Terrorism Liaison Officer (TLO) Program equipment and salary reimbursement;
Citizen Corp equipment/funds - The City of Orange will receive $3,634 in grant funds to help
supplement the Police Department's Volunteer and Neighborhood Watch Programs.ACTION:
Approved the Agreement between the City of Orange and the County of Orange (
acting through its lead agency, the Orange County Sheriff-Coroner Department)
and authorized the Mayor and the City Clerk to execute the agreement on behalf of the
City.
FISCAL IMP ACT: There is no fiscal impact to the City of Orange. The City of Orange
would only be accepting the transfer of certain grant funds, personal property or
equipment to be used for grant purposes.
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CITY COUNCIL MINUTES April 11, 2006
3. CONSENT CALENDAR (CONTINUED)
BIDS
3.6 Final acceptance of Bid No. 056-08; D-l5l; Hewes Street
Storm Drain Improvements from Washington Avenue to Marmon Avenue and
authorization to file Notice of Completion with the County Recorder (No staff
report required).A2100.
0 Agr-4789)SUMMARY: Bid No. 045-50; D-151; Hewes
street Storm Drain Improvements from Washington Avenue to Marmon Avenue. The contractor on
said job
was Garcia Juarez Construction, Inc.ACTION: Accepted completion of work and
improvements, and authorized release of retention funds, and International Fidelity Insurance Company
of New Jersey, Bond No.0419815 in the amount of $323,230.00 and authorize the
Mayor and City Clerk to
execute the Notice
of Completion.FISCAL IMPACT:
None REMOVED AND HEARD SEPARATELY)3. 7 Award of Bid for the Shaffer Park Picnic Shelter
Replacement - Bid No.
056-35.A2100.0 Agr-4872)SUMMARY: The bids for Shaffer Park
Picnic Shelter Replacement were opened on March 16,2006 and ten (10) formal bids were received
for this project. The low bidder was Hondo Company, Inc., 2121 South Lyon Street, Santa
Ana, CA 92705,
in the amount of$168,740.Discussion - In response to questions
from Councilmember Dumitru, Bonnie Hagan,Interim Community Services Director, noted that all bids
received were outlined in the Staff Report and that none were received
from any businesses
in Orange.MOTION -
Dumitru SECOND - Ambriz A YES Smith, Ambriz,
Murphy, Cavecche, Dumitru ACTION: Approved the Award of Bid No. 056-35
Shaffer Park Picnic Shelter Replacement to Hondo Company, Inc. in the amount of $168,
740; authorized the Mayor and City Clerk to execute the contract on behalf of the
City; and authorized an appropriation of $70,000 from unreserved Fund
511 (Quimby) to
511-7021-481200-0121 Shaffcr Park Renovation).FISCAL IMPACT: Upon appropriation,
sufficient
funds are available in
the following accounts:510-
7021-481200-0121 (
Shaffer Park Renovation)
511-7021-
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CITY COUNCIL MINUTES April 11,2006
3.
3.8
CONSENT CALENDAR (CONTINUED)
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. United States Postal Service
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
DONATIONS
3.9 Accept donation from B.P.O. Elks Lodge No. 1475 for the purchase of a new police
service dog for the Police Department's Canine Program. (C2500.K)
3.10
SUMMARY: B.P.O. Elks Lodgc No. 1475 donated $5,000 towards the purchase of a
new police service dog for the Orange Police Department's Canine Program.
ACTION: 1) Accepted the donation of $5,000 from B.P.O. Elks Lodge No. 1475 for
deposit into revenue account 100-4021-293900 (General Fund-
Patrol); and 2)Appropriated the $5,000 to account
100-4021-475100 (General Fund-Patrol-Other Capital Outlay) for reimbursement of the
purchase of a new police service dog.FISCAL IMPACT: There will be no impact to
the
General Fund
as funds have been donated.PERMIT PARKING Request for temporary suspension
of permit parking restrictions within Areas F and I fora
Special Event. (S4000.S.3.1.1)SUMMARY: Orange Unified School District
will host a Math Pentathlon at McPherson Magnet School on April 22, 2006. Due to
anticipated attendance it may be necessary to park in the surrounding
residential neighborhood,
which restricts on-street parking except by permit.ACTION: Approved the
request of Orange Unified School District and temporarily suspend the permit parking restrictions within Areas
F and I for a Math Pentathlon at
McPherson Magnet School on
Saturday, April
CITY COUNCIL MINUTES April 11,2006
3. CONSENT CALENDAR (CONTINUED)
PURCHASES
3.11 Purchase of 62 recycled plastic lumber park benches from Coast Recreation, Inc.
through a State of California Department of Conservation grant. (C2500.M.4)
SUMMARY: As part of the Community Services Department's five-year Park
Furniture Replacement Program, the City will purchase 62 park benches. These benches
are manufactured with recycled plastic lumber and are funded through a State of
California Department of Conservation grant that is administered by the Public Works
Department.ACTION: Authorized the sole source purchase of park furniture from Coast
Recreation,Inc. in the amount of$53,170.
10.FISCAL IMPACT: Sufficient funds exist in the following
accounts:220-5022-4 71302-
4911 (Furniture,Machinery/EquipmentReplacement)220-5022-
471302-4912 (Furniture,
Machinery I Equipment
Replacement)
24,573.08 28,597.02 RESOLUTIONS3.12
RESOLUTION NO. 10078 (C2500.J.4.7)A Resolution of the City Council of the
City of Orange amending Resolution No. 9953 relating to the classification, compensation,
and terms
of employment for part-
time and seasonal
employees.ACTION: Approved,
as amended.MOTION - Ambriz SECOND - Cavecche A YES -
Smith, Ambriz, Murphy, Cavecche, Dumitru Item 3.7 was removed and heard separately. All other
items on the Consent
Calendar were approved as
recommended.END OF CONSENT CALENDAR 4. REPORTS
FROM MAYOR MURPHY - None.5. REPORTS
FROM COUNCILMEMBERS -
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CITY COUNCIL MINUTES April 11, 2006
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.7.
ADMINISTRATIVE REPORTS - None.8.REPORTS
FROM CITY MANAGER 8.1
Presentation of the Mid-Year 2005-06 Budget Report which includes the period July
1,2005 through December 31, 2005. (C2500.Eo4)
SUMMARY: This Mid-Year Budget Report is intended to inform the City Council
of departmental performance for the first six months of the fiscal year, including progress
toward the achievement of departmental goals and completion of major capital improvement
projects.The report also summarizes the results of the City's financial
operations.
Discussion Councilmember Smith, in reviewing the goals of the Community Development
Department,stressed the importance of Training in the area of historic preservation. She also noted in
the goals of the Public Works Department, the monitoring of rail programs and pursuing
grant opportunities for improvements in rail crossing protection
programs.City Manager John Sibley noted that a status report on rail and rail crossing programs will
be brought to the City Council at the April 25th
meeting.MOTION - Ambriz
SECOND - Smith A
YES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to
receive and file the Mid-Year 2005-06 Budget Report.
8.2 FY 2005-06 Mid-Year Budget Adjustments. (
C2500.Eo4)SUMMARY: This mid-year report recommends certain appropriation increases
and/or budget adjustments. Information available at the time the 2005-06 fiscal year
budget was being prepared did not suggest a need for these increased
expenditures or budget revisions.Discussion - Mayor pro tem Cavecche expressed her appreciation for AQMD
funds being used to purchase bike racks
at the
CITY COUNCIL MINUTES April 11, 2006
8. REPORTS FROM CITY MANAGER (CONTINUED)
MOTION - Cavecche SECOND -
Smith AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru ACTION:1. Appropriated $
795,
500 from the unreserved fund balance of the Serrano Heights CFD 91-2 Fund (
594) to 594-5017-485100 (Capital Outlay);
2. Appropriated $170,425 from the unreserved fund balance of the Equipment Replacement
Fund (710) to 710-5023-447200 (Fuel) and authorized Finance staff to adjust
the applicable
allocation accounts;3. Appropriated $1,500 from the unreserved fund balance of the Air
Quality Management District (AQMD) Fund (245) to 245-1401-
429150 (Trip Reduction Program);4. Appropriated $8,000 from 100-7015-
293900 (General Fund/Donations) to 100-
7015-423500 (General Fund/3rd of July);5. a) Transferred $1,790,298
for the City Education Revenue Augmentation (ERAF)from 100-
0000-212500 (Property Tax Revenue Offset) to 100-0000-435410 (ERAF Expenditure); and
b) transferred $1,304,136 for the Redevelopment ERAF
from 987-0000-212500 (Property Tax Revenue Offset) to 987-9890-435410 (
ERAF Expenditure);6. Transferred $74,
705 from 601-8011-484101-8119 (Well No. 27 Construction) to
601-8041-484101-8120 (Well
No. 28 Construction);7. Appropriated $39,000 from 100-3021-292102 (General Fund/
Reimbursements) to 100-3021-410000 (Fire Suppression/Salaries & Benefits);8. a) Appropriated $20,
000 from 100-3022-277102 (General Fund/Paramedic Fees) to 100-
3022-
426700 (General Fund/Other Professional Services); and b) appropriated $8,000 from 125-3015-
277850 (EMT Fund/Transport Fees) to 125-3015-426700 (
EMT Fund/Other Professional Services);9. Appropriated $733,000 from the unreserved
fund balance of the Orange Merged Debt Service Fund (987)
to 987-9890-465400 (Tax Increment Pass Through);10. Authorized the
establishment of a Senior
Landscape District
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CITY COUNCIL MINUTES April ll, 2006
8. REPORTS FROM CITY MANAGER (CONTINUED)
8.2 FY 2005/06 Mid-Year Budget Adjustments (
continued)12. Authorized reclassification of the following positions: (2) Administrative Analyst II
and l) Finance Analyst to Senior Administrative Analyst; Senior Administrative Clerk
to Engineering Technician I; Landscape Assessment District Coordinator to Senior
Landscape District Coordinator; Senior Librarian to Library Assistant; Library Information
Systems Coordinator to Technology & Support Services Supervisor; Library Assistant to
Library Information Systems
Coordinator;13. Appropriated $47,475 from the unreserved fund balance of the General Fund and $3,
940 from the unreserved fund balance of the Gas Tax Maintenance Fund (270) and SI,585 from
the unreserved fund balances of the Landscape Assessment District Funds 290, 291, & 293) to
the appropriate departments' salary and benefit accounts to fund the reclassifications and
new
positions.9. LEGAL
AFFAIRS 9.1 ORDINANCE NO. 8-06 (FIRST READING) (A2500.0 Ord-
08-06 Speed Limits)An Ordinance of the City Council of the City of Orange amending Section 10.
14.050 of Chapter 10.14 of the Orange Municipal Code
pertaining to speed limits.Santiago Canyon Road - Jamboree to the
South
City Limits Discussion In response to Council questions, Tom Mahood, Traffic Engineer, noted
the reported accidents were all along Santiago Canyon Road and generally clustered around
the 241 interchange.Councilmember Smith asked about the radar speed flashing equipment which
was to be implemented
in this area.City Manager John Sibley reported the City had already requested its funding
from The Irvine Company for the radar speed signs; and noted that the City had also requested
its funding to assist with the fiber optic traffic studies on Katella and on Chapman, and also funds
for the East Orange
sub station improvements.
MOTION - Smith SECOND -
Cavecche A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved that Ordinance No. 08-06 be read by title only and same was set for second reading
by the preceding
vote.Page
CITY COUNCIL MINUTES April 11, 2006
10. PUBLIC HEARINGS
10.1 PROPOSED STREET VACATION - PORTION OF OLD LEWIS NORTH OF STATE
ROUTE 22 AND SOUTH OF METROPOLITAN DRIVE ADJACENT TO LEWIS
STREET. (S4000.So4)At
its meeting of March 28, 2006, the City Council adopted Resolution No. 10068 stating its intent
to vacate this portion of Lewis Street. The proposed vacation is being done in conjunction with
the sale of the underlying fee ownership to City Office LP to use for parking for its adjoining
office professional building. Having duly noticed and posted notice of a hearing, the City
Council has set this time for all persons interested in the proposed vacation and to consider whether
to adopt Resolution No. 10076.RESOLUTION
NO. 10076 A
Resolution of the City Council of the City of Orange Finding that a Portion of that Public Street
Commonly Known as Old Lewis, Generally Located North of State Route 22 and South of Metropolitan
Drive and Adjacent to Lewis Street, is no longer Needed by the Public and Ordering
the Vacation thereof upon the Occurrence of Specified Conditions.MOTION -
Murphy SECOND - Cavecche
AYES - Smith, Ambriz,
Murphy, Cavecche, Dumitru Moved to approve Resolution
No. 10076.10.2 UPDATE TO
THE CITY OF ORANGE LOCAL CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
GUIDELINES. (EI400.0)Time set for public
hearing to consider an update to the City of Orange Local California Environmental Quality Act (CEQA)
Guidelines.Director of Community Development
Department, Alice Angus gave the staff report indicating that the update encompasses
the following changes:Incorporate changes to State
law and in-house procedures;Remove reference to
Staff Review Committee as a decision-making body, clarifying that they are
an informal recommending body;Clarify difference
between ministerial v. discretionary actions as applies to CEQA;Codify noticing
procedures;Add more
detail regarding historic resources and the review required under CEQA;Clarify need
for examination of impacts related to demolition and additions in the Old Towne District;
Clarify that
Old Towne project findings be compliant with Secretary of Interior and local Standards;Correct
designation
of the approving body for Public Works CIP projects as Council rather than
the Planning Commission.Page 10
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CITY COUNCIL MINUTES April ll, 2006
10. PUBLIC HEARINGS (Continued)
Ms. Angus also provided a revised page which corrected the dates that the Plaza Historic District
gained National Register status in 1982 and the Old Towne Orange Historic District in 1997.
Councilmember Smith stated she had four areas of concerns in addition to the dates that needed
to be corrected. (1) Section IV - Identifyingproperties as an historical resource, as wcll as identification
of director allowed to approve evaluation; and the stipulation for formal historic resource
evaluation is vague; (2) Section IV -B -impacts on historical resources design standards;she
was concerned with the statement regarding projects that comply with Old Towne Design Standards
comply with Secretary of Interior standards; (3) the section regarding demolitions and
additions and their possible adverse impacts, indicating that the wording was vague and that this
section of the Orange Municipal Code needed updating as well; and (4) the Council also needed
to receive the report that is provided to the Planning Commission regarding cumulative impacts.
Councilmember
Smith proposed the need for a planner position in the Community Development Department
devoted to historic preservation, indicating that this would be more economical for the
City as opposed to hiring consultants, and added that to build on this person's expertise over time
would provide the City with a knowledgeable resource.Ms.
Angus responded to Councilmember Smith's concerns and provided information on staff procedures
and suggestions on how the language in the guidelines could be revised.Principal
Planner, Anna Pehoushek stated that the update to the General Plan included surveying properties
that have had improvements or changes made since the last survey. She added that this
would establish a database, linked to the GIS mapping capability, to be used as an analytical tool
to see what has happened on a piece of property over time.Council
discussed whether the appropriate mechanism to address cumulative impacts was the CEQA
Guidelines or the Old Towne Design Standards. It was determined that standards and policies
be set in these documents, and updated through minute orders.Senior
Planner, Jennifer McDonald stated that draft language had been considered to be added to the
Guidelines regarding the preparation of the historic resources evaluations being performed by a
qualified professional, meeting the Secretary of Interior professional qualification standards,and
include a reference to the Code of Federal Regulations which contains this profcssional stipulation.
Council
concurred that the review of properties be performed by several or a body of pcople rather
than one individual.Page
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CITY COUNCIL MINUTES April 11, 2006
10. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 10073
A Resolution of the City Council of the City of Orange Approving Revisions to the City of
Orange Local CEQA Guidelines to Update City Procedures Consistent with the CEQA Statute
and Local Practice.
Applicant: City of Orange
MOTION - Smith SECOND -
Mayor AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru Moved to approve
Resolution No. 10073 - noting changes in language to the section referring to the independent evaluation and
Community Development Director approval process; directing the provision of the
periodic report to Council, as well as the Planning Commission; changing the date of the
establishment of the Plaza Historic District in the National Register to March 19,1982; and clarifying the
language on the Old Towne design standards versus Secretary of Interior standards for rehabilitation.Minute
Order - Council requested
a document that assesses what changes have happened within the district or to historic
resources in town for some stated period of time, examining records and trends; and bring back a
report assessing the impacts of change over time.Minute Order - Council requested evaluation
of the presence of an Historic Preservation Planner in the Community Development Department; and
examine how it worked in the past and how it can work in the future, fully
appreciating the contract employee, but hoping to have somebody in-house to address questions.City
Manager, John Sibley responded
that an historic planner expert has been sought and by hiring the consultant it is
hoped that the expertise can be developed in-house through training.He indicated that staff
would respond to this request.11. RECESS TO THEMEETING
OF THE ORANGE REDEVELOPMENT AGENCY Page 12
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CITY COUNCIL MINUTES April 11, 2006
12. RECESS TO CLOSED SESSION
The City Council recessed at 6:00 p.m. to a Closed Session for the following purposes:
a. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Property: Main Library
City Negotiators: Gary Sheatz, Nora Jacob
Negotiating Parties: City and T-
Mobile Under Negotiation: Cell-site
lease agreement 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 There is no 7:00 p.m.
Session scheduled.The City Council adjourned at 7:00 p.m. to an Adjourned Regular Meeting,
Study Session to be held on Tuesday, April 18, 2006, at 5:00 p.m. in the Weimer Room,
to review proposed FY 2006-07 Budget
Revenues and Expenditures.The next Regular Council meeting is scheduled for
April 25, 2006.Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda
of a regular meeting of April 11, 2006 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.It (~_. ,/ ( _ _(L~~
MAR~URPHY
CITY CLERK
Y
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