HomeMy WebLinkAbout4_25_2006 - Council MinutesAPPROVED BY THE CITY COUNCIL ON MAY 9, 2006
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING April 25, 2006
The City Council of the City of Orange, California convened on April 25, 2006 at 4:30 p.m. in a
Regular Meeting in the Council Chambers, 300 E. Chapman A venue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Father Don Romito, Holy Family Cathedral
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Jon Dumitru
1.3 ROLL CALL
PRESENT -ABSENT -
Smith, Ambriz,
Murphy, Cavecche, Dumitru None 1.
4
PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS Presentation from
Cathy Seelig, Friendly Center, on the Killefer Build a Park Day.Proclamation honoring
National Historic Preservation Month.Proclamation honoring
National Donate Life Month.Presentation by
Arline Minor, outgoing Friends of Orange Public Library Bookstore Director, to
the City and the City of Orange Public Library Foundation in support of Orange's
Main Library expansion.Employee Service
Awards presented to John Sibley, City Manager's Office; Susan Campbell, Finance
Department; Jonathan Osterkamp, Jerry Graham, and William Lawson, Fire
Department; Jack Tsuruda, Library Services; David Marks, Donald Lockridge Jr.
and Michael Streed, Police Department; Maria Cervantes, John Felton, and Hector Medina,
Public Works!Water Department.2. PUBLIC
COMMENTS - None PAGE 1
CITY COUNCIL MINUTES April 25, 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 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.] Request Council Confirmation of warrant registers dated April 6, and 13,2006.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of Aprilll, 2006 and
Adjourned Regular Meeting of April ]8, 2006. (C2500.D.4)
Note: Councilmember Dumitru abstained on the April ]8, 2006 minutes vote.
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 March 3], 2006.
C2500.F)
ACTION:Approved.
AGREEMENTS
3.5 Donation Agreement with Sunny Slope Tree Farm Co. to accept donation to the
City of 72 trees valued at $12,]00 for the Main Library Expansion Project.
A2]00.0 Agr-
4879)SUMMARY: This agreement authorizes Sunny Slope Tree Farm Co. to provide
and deliver to the site of the Main Library expansion work a total of 72 trees as a donation
to the City towards the project. The donation is valued at $12,
100.ACTION: I) Approved the proposed Donation Agreement with Sunny Slope Tree
Farm Co.; and 2) Authorized the Mayor and City Clerk to execute on behalf of the
City.F]SCAL IMPACT: There will be no fiscal impact to the General Fund. This donation
is valued at $12,100 and is considered part of the $4 million being raised by the City
of Orange Public Library Foundation toward the library expansion project.
Accordingly,receipt of the donated trees will save the City at least $12, I 00, which the City
would otherwise be required to pay if it contracted out for the purchase of the
trees.Page
CITY COUNCIL MINUTES April 25, 2006
3. CONSENT CALENDAR (CONTINUED)
3.6 Amendment No.1 to Agreement D99-128 to Fund the Program for Nutrient,
Fecal Coliform, and Toxics Total Maximum Daily Load (TMDL) in the Newport
Bay Watershed. (A2100.0 Agr-
4326.1)SUMMARY: Amendment No. I to Agreement D99-l28 adds four new
parties to the existing thirteen party agreement between the City of Orange, County
of Orange, the Orange County Flood Control District, The Irvine Company, Irvine
Ranch Water District and eight other cities in the Newport Bay watershed that will result in
a 12% cost reduction to the City by spreading implementation costs for the
TMDL program specified in the agreement
among more parties.ACTION: Approved Amendment No. I and authorized the Mayor and
City Clerk to execute the Amendment and additional signature pages for distribution
to each party
executing this amendment.FISCAL IMPACT: Sufficient funds have been budgeted in the amount
of $11,563 utilizing Sanitation funds in Account No. 220-
5024-426700 (
Other Professional and Consulting Services).3.7 Agreement with Mayer Hoffman McCann
P.c., Conrad Government Services Division (formerly Conrad and Associates, LLP)
to perform the annual financial audit ofthe City and Redevelopment
Agency. (A2100.0 Agr-2617.C)SUMMARY: A Request for Proposal (RFP)
was issued for audit services. Proposals were received from four firms. A panel,
which included the Finance Director, Assistant Finance Director and Internal Audit Manager,
reviewed the proposals and interviewed the four firms. Based on the proposals submitted,
the interviews and the reference checks,the panel unanimously agreed that Mayer
Hoffman McCann was the top candidate.ACTION: Approved and authorized the Mayor and
City Clerk to execute the agreement with Mayer Hoffman McCann to perform the annual
audit of the financial statements of the City and Redevelopment Agency for
fiscal years 2005-06 thru 2007-08. The agreement also includes an option to
extend the agreement
for two additional terms of one year each.FISCAL IMP ACT: The
cost for these audit services is as follows:FY 2005-06 $42,
867; FY 2006-07 $44,153; FY 2007-
08 $45,478;FY 2008-09 $46,842; FY 2009-10 $48,247.Funds
for the annual financial audit are being requested in the 2006-07
annual operating budget in various funds in account number 426300 (accounting and auditing services).
Funds for
subsequent fiscal
CITY COUNCIL MINUTES April 25, 2006
3. CONSENT CALENDAR (CONTINUED)
APPROPRIATIONS
REMOVED AND HEARD SEPARATELY)
3.8 72-Hour Supply of Emergency Rations for Public Safety and Emergency
Operation Center (EOC) staffing. (C2500.
H)SUMMARY: The current emergency rations are outdated and under-stocked
to provide appropriate subsistence for current staffing levels for any duration of time.
Both the Police and Fire Departments would like to purchase a 72-hour
supply of emergency rations for public safety requirements as well as those
of the EOC.Discussion - Councilmember Smith asked if the task of maintaining the
inventory of rations was assigned to a staff member to ensure a proper supply at
all times.City Manager, John Sibley reported that a Police Captain and Fire Sergeant
are assigned to maintaining the supply which will be built up over time; and that the rotation
of the stock is monitored
as well.MOTION -
Smith SECOND - Cavecche
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru ACTION:
Appropriated $18,600 from the unreserved fund balance of the General Fund to
account 100-4081-441500 (Homeland Security-Food Emergencies) for the
purchase of
emergency rations.FISCAL IMPACT: Unreserved monies are available from the General Fund.
It should be noted that these funds are available due to $18,600 of FEMA Funds received
in FY 04-05 that were never expended. After appropriation, funds will be
available in the Homeland Security Program budget for the
purchase as follows:100-4081-
441500 Food Emergencies $18,600 3.9 Appropriation of funds for consultant
services to provide electrical engineering design for lighting and electrical upgradesfor Eisenhower
Park. (C2500.M.4.13)Note: Staff has requested continuance of this
item to May 9, 2006.SUMMARY: Staff is requesting an appropriation of $
30,680 from unreserved Fund 511 (Quimby) for engineering design services for
electrical and
lighting upgrades for Eisenhower Park.ACTION:
Continued to
CITY COUNCIL MINUTES April 25, 2006
3. CONSENT CALENDAR (CONTINUED)
BIDS
3.10 Bid No. 056-30; Community Development Block Grant (CDBG) Project - Shaffer
Street Storm Drain Phase 4 Project from Almond Avenue to Chapman Avenue (D-
152); Approval of plans and specifications and authorization to advertise for bids.
C2500.M.17)
SUMMARY: Plans and specifications have been completed for the Shaffer Street Storm
Drain Phase 4 Project from Almond Avenue to Chapman Avenue. The project is ready to
be advertised for bids. The estimated construction cost including contingencies and
construction engineering (10% total) is $360,000.00.
ACTION: Approved plans and specifications and authorized advertising for bids for the
Shaffer Street Storm Drain Phase 4 Project (D-
152).FISCAL IMP ACT:
Funds following
account:
310-9645-483400-5110 are budgeted in the Capital
Improvement Program in the CDBG Shaffer Street Storm
Drain 262,000.00 3.]] Bid No. 056-45; Water Main Renewal for
Fern, Hillside, Lakeside, Brookside and surrounding cul-de-sacs (
W-630); Approve plans and
specifications and authorize advertising for bids. (C2500.M.)SUMMARY: Plans and specifications
have been completed for the construction of Water Main Renewal for
Fern, Hillside, Lakeside, Brookside and surrounding cul-de-sacs (W-630) and are ready
to be advertised for bids. The proposed upgraded waterlines will replace existing
aged and deteriorating waterlines and
improve the water supply for domestic and fire protection purposes.
ACTION: Approved Plans and Specifications and authorized advertising for the construction
of Water Main
Renewal For Fern, Hillside, Lakeside, Brookside and surrounding cul-de-sacs (W-630).
FISCAL IMP ACT: Funding will be available after transfers from other projects
and appropriations from unallocated reserves. When
the contract
CITY COUNCIL MINUTES April 25, 2006
3. CONSENT CALENDAR (CONTINUED)
3.12 Bid 056-43; Water Main Renewal for Blake Street, Center Street and Grand
Street;Approval of plans and specifications and authorization to advertise for
bids.C2500.
M)SUMMARY: Plans and specifications have been completed for the construction of
Water Main Renewal for Blake Street, Center Street and Grand Street (W-606, W-
607 and W-608 respectively) and are ready to be advertised for bids.
The proposed upgraded waterlines will replace existing aged, undersized and
deteriorating waterlines and improve the water supply for domestic and
fire protection purposes.ACTION: Approved plans and specifications and authorized
advertising for the Construction of Water Main Renewal For Blake Street, Center Street
and Grand Street W-
606, W-607 and W-608).FISCAL IMP ACT: Funds are budgeted and
are available in the following account:
601-8041-484501-8400 Pipeline Renewal Projects $249,668 Additional funding
will be available after transfers from other projects and appropriations from unallocated
reserves. When the contract is awarded
staff will make specific fund transfer and appropriation requests.3.13 Bid No. 056-
44; Approval of plans and specifications and request authorization to
advertise for bids for construction of Arterial Highway
Rehabilitation Program AHRP)
Project - Lincoln Avenue Rehabilitation Improvements (SP-3530).S4000.S.7)SUMMARY:
Plans and specifications have been completed for the Lincoln Avenue Rehabilitation from Berkeley
Street to Tustin Street. The project is ready to be advertised
for bids. The estimated construction cost is $1,504,000.ACTION: Approved
plans and specifications and
authorized advertising for bids for the Lincoln Avenue Rehabilitation improvements.FISCAL IMP
ACT:
Funds
are
budgeted
and
available
in the
following accounts:
272-5011-
483300-3059
272-5011-
483300-3060
272-5011-483300-
3061 550-5011-483300-3059 550-5011-
483300-3060 550-5011-483300-3061 245,
920 309,600 240,200 276,100
309,600 240.200 1,621,
620 Gas Tax Lincoln Ave: Orange-
Olive to Palm Gas Tax Lincoln
Ave: Palm
CITY COUNCIL MINUTES April 25, 2006
3. CONSENT CALENDAR (CONTINUED)
3.14 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. AT&T
b. Ngon Tea
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.15 Final acceptance of Bid No. 056-15; Reservoir 2A slope repair and authorization
to file Notice of Completion with the County Recorder (No staff report
reQuired).A2100.0
Agr-4803)SUMMARY: Reservoir 2A Slope Repair. The contractor on said job
was Moore &Taber
Geotechnical Contractor.ACTION: Accepted completion of work and improvements; authorized
release of retention funds; and authorized the Mayor and City Clerk to execute the
Notice
of Completion.FISCAL IMP
ACT: None 3.16 Award of Contract - Bid No. 056-32; Sycamore Avenue Reconstruction
Project (SP-3533). (A2100.
0 Agr-4880)SUMMARY: Bids for Sycamore Avenue Reconstruction Project
were received and opened on April 6, 2006. Seven bidders responded to the Notice
Inviting Bids. The apparent low bidder is All American Asphalt of Corona, CA for $
277,277.00.ACTION: I) Transferred $70,855.71 fund balance
from 310-9645-483200-5505, Sycamore Avenue Sewer
Improvement to 310-9645-483300-3012, Sycamore Avenue Reconstruction and; 2) Awarded the contract in the amount
of $277,277.00 to All American Asphalt and authorized the Mayor and
City Clerk to execute on behalf of the City.FISCAL IMP ACT: Upon
transfer,
funds are budgeted and available in the
following account:
CITY COUNCIL MINUTES April 25, 2006
3. CONSENT CALENDAR (CONTINUED)
3.17 Cooperation and Reimbursement Agreement with the Orange Redevelopment
Agency relating to the rehabilitation of portions of Glassell Street; Contract Change
Order No. 1 with All American Asphalt for Rehabilitation of Miscellaneous City
Streets (Bid No. 056-16; SP-3544). (A2100.
0 Agr-4881)See related Orange Redevelopment Agency MinutesItem
No. 3.4)SUMMARY: The Cooperation and Reimbursement
Agreement provides for reimbursement to the City of Orange Redevelopment Agency's share of
costs incurred in the amount of $29,500 for the rehabilitation of those portions of
Glassell Street between Almond Avenue and Chapman Avenue and between Chapman
Avenue and Maple A venue (exclusive of the traffic circle intersection of Chapman
Avenue and Glassell Street). The Contract Change Order No. I will authorize payment
to All American Asphalt for the additional work in the amountof$
82,964.30.
RESOLUTION NO. lOOn A Resolution of the City Council of the City of Orange approving
a Cooperation and Reimbursement Agreement with the Orange Redevelopment Agency
relating to the rehabilitation of portions of Glassell Street and approving a contract
change order with All American Asphalt for Bid
No.
056-16 (SP-3544).ACTION:1) Appropriated $30,000 from Fund 272 (Gas Tax) in the amount
of $30,000 to
272-5011-481105-3116 (TCR Highway Maintenance);2) Transferred $27,692.
14 from 500-9800-481105-9119 (South
Grand Street Parking Lot) to
500-5011-4811 05-3116 (TCR Highway Maintenance);3) Approved Resolution No. 10072.FISCAL
IMP ACT:
After the
appropriation
is
executed,
funds will be
available inthe
following accounts:940-
9800-481105- 3116
500-5011-481105-3116 272-
5011-481105-3116 Total:29,
500.00 27,692.14
30,000.
CITY COUNCIL MINUTES April 25, 2006
3. CONSENT CALENDAR (CONTINUED)
3.18 Award of Contract - Bid No. 056-31; Community Development Block Grant
CDBG) Project - Arbor Way, Oak Street, and Wayfield Street Rehabilitation (SP-3549). (
A2100.0 Agr-4882)
SUMMARY: Bids for Arbor Way, Oak Street, and Wayfield Street Rehabilitation were
received and opened on March 30, 2006. Eight bidders responded to the Notice Inviting
Bids. The apparent low bidder is Hardy & Harper, Inc. of Santa Ana, CA for
288,756.50.
ACTION: 1) Appropriated $50,000 from the unallocated reserves of the 262 Fund
Measure M) for distribution as follows: Arbor Way (3037) - $23,000; Oak Street (3036)5,
000; Wayfield Street (3013) - $22,000; and 2) Awarded the contract in the amount of $288,756.
50 to Hardy & Harper, Inc. and authorized the Mayor and City Clerk to execute on behalf
of the City.FISCAL IMP ACT:
Upon appropriation, funds will be available in the following accounts:310-9645-
483300-
3037
262-
5011-
483300-
3037
310-
9645-
483300-3036
262-5011-
483300-3036
310-9645-
483300-3013
262-5011-
483300-3013
Total:57,000 23,
000 74,000 5,
000 138,000 22.
000 319,000 CDBG
Arbor Way Rehabilitation Measure
M Arbor Way CDBG
Oak Street Rehabilitation
Measure M Oak Street CDBG Wayfield St. Rehabilitation Measure M Wayfield
Street REAL ESTATE PURCHASE 3.19 Purchase and Sale Agreement between Orange
County Transportation Authority,City Office, L.P. and the City of Orange. (A2100.
0 Agr-4883)SUMMARY: The proposed purchase and sale agreement provides for OCTA to pay
the City of Orange $200,000 for paving rehabilitation to Metropolitan Drive and the City will
in turn deed property primarily consisting of a slope off of Lewis Street
to City Office,L.P. The agreement resolves a dispute between
the City and OCTA concerning responsibility for pavement rehabilitation
on Metropolitan Drive and helps resolve an eminent domain matter filed by OCTA
against City Office.ACTION: Approved the Agreement and authorized the Mayor and City Clerk to execute.
FISCAL IMPACT: The City will lose approximately $5,400 per year under a lease it has with
City Office L.P. for use of the subject property partly for parking and partly
for landscaping. The City
will receive $
CITY COUNCIL MINUTES April 25, 2006
3. CONSENT CALENDAR (CONTINUED)
RESOLUTIONS
3.20 RESOLUTION NO. 10071 (S4000.S.4)
A Resolution of the City Council of the City of Orange stating its intent to vacate a street
easement over a portion of Riverdale A venue, West of Glassell Street, setting a Public
Hearing thereon and directing notice thereof to be posted and published.
ACTION:Approved
MOTION - Ambriz SECOND -
Cavecche AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru Councilmember Dumitru abstained
on Item 3.2-voting on the April 18,2006 Minutes;Item 3.
8 was removed and heard separately; Item 3.9 was continued to May 9, 2006. 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 - None 6. REPORTS FROM BOARDS,
COMMITTEES, AND COMMISSIONS - None 7. ADMINISTRATIVE REPORTS 7.1
Report from the
City Attorney - Modification of the Orange Park Acres Planning Committee. (OR1800.0.26.1)TAPE
1400 SUMMARY: At its meeting
on March
28, 2006, the City Council directed the City Attorney to bring back a report addressing proposed
modifications to the Orange Park Acres Planning Committee (OP AC), including discussion of
a proposal that the Orange Park Association (OP A)Board of Directors become the ex-
officio OP AC.Discussion - Councilmember Smith stated the
composition of the OP AC requires two members from the City, two members from
the County, and one representing the OP A Board; suggesting that a balance of representation should
continue. She also asked about the composition of the OP A Board.Page 10
CITY COUNCIL MINUTES April 25, 2006
7. ADMINISTRATIVE REPORTS (Continued)
City Attorney, David DeBerry responded that originally, the Committee was formed to review
both city and county plans, but now only reviews city projects.
Orange Park Association President Tom Davidson described the make up of the OP A Board as
being nine members elected for three-year terms. He added that the members must live in
the OP A community, regardless of City/County
boundaries Council discussed the OPA Board's review of plans and their taking action in the best interest
of the entire Orange Park community; the Board acting in a similar manner as the Old
Towne Preservation Association; the Board's interest in maintaining a unique lifestyle and oversight
of the trail system; and the need for Council and the OP A Board to be able to review the report
and receive briefings prior to returning to
Council.MOTION - Murphy
SECOND - Cavecche AYES -
Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to
direct the Community Development Director and City Attorney to return to the City Council with
the necessary action to do the following:1) Eliminate
OP AC as a City Council created committee;2) Have
the OP A Board act as the OP AC; and 3) Adopt
an administrative policy for OPAC review consistent with general criteria as stated in the City
Attorney's Staff Report.FISCAL IMP
ACT: Minimal. Some staff time may be saved from no longer having to post agendas and
notices.7.2
Report from the Public Works Director - Purchase of the property at 1408 North Cannon Street for
the purpose of street widening. (A2100.0 Agr-4884)SUMMARY: This
parcel is necessary for the ultimate widening of the Cannon Street Realignment Project.
Developer contributions from The Irvine Company are to be appropriated to the
project to fund purchase of this project and future project costs.MOTION - Ambriz
SECOND - Smith AYES -
Smith, Ambriz, Murphy,
Cavecche, Dumitru Moved to: 1) Appropriate $2,
885,880, the estimated developer contributions from The Irvine Company into Account 550-5011-
483300-3427 and; 2) Authorize the Mayor and City Clerk to execute escrow
and related documents concerning the purchase of the property at 1408 North Cannon Street,
to be used in connection with the Cannon Street realignment project. Purchase price is $
706,000.00, plus related escrow costs.FISCAL IMP
ACT: Upon appropriation, funds will be available in the following accounts:550-5011-
483300-3427 $2,885,880 Cannon Street
Realignment 285-5011-483300-3427 $ 359,
525 Cannon
CITY COUNCIL MINUTES
7. ADMINISTRATIVE REPORTS (CONTINUED)
April 25, 2006
7.3 Report from Public Works Director - Award of Contract - Bid No. 056-25; Orange-Olive
Road and Heim Avenue Street, Storm Drain, and Sewer Improvements Project (SP-3377). (
A2100.0 Agr-4885)
TAPE 1800
SUMMARY: Bids for the Orange-Olive Road and Heim Avenue Improvements Project
were received and opened on March 16, 2006. Five bidders responded to the Notice Inviting
Bids.The apparent low bidder is GCI Construction, Inc. of Costa Mesa, CA for $989,920.
00.Discussion - Councilmember Ambriz wanted to ensure that the residents had been alerted of the
project, pointing out that the residents have stated concern for the construction impacting traffic
at the elementary school.
Assistant City Engineer, Roger Hohnbaum stated that two community meetings, with
approximately 40 residents attending, had been held and that notices were mailed informing all
surrounding residents of the planned June timeframe-when school was out-to
lessen the impacts of
the
project.
MOTION
SECOND
AYES Smith
Dumitru Smith, Ambriz, Murphy, Cavecche, Dumitru
Moved to:
I) Appropriate $135,000.00 from the General Fund balance to 500-5011-483300-
3058 for sewer construction
on Heim Avenue;2) Transfer $95,483.28 from 520-5011-
483200-5503 Miscellaneous Sewer to 520-5011-
483300-3058 for sewer construction on Heim Avenue;I) Appropriate $109,501.22 from the unreserved
fund balance of the 530
Funds to 530-5011-483300-3058 for storm drain construction;2) Transfer $
53,335.00 from 530-5011-
483400-5106 Miscellaneous Storm Drain to 530-5011-483300-3058 for storm drain construction; and 3) Award
the contract in the amount of $989,920.00 to GCI
Construction and authorize
the Mayor
and
City
Clerk
to
execute
on
behalf
of the City.FISCAL IMP ACT:following accounts:262-5011-483300-
3058 530-
5011-483300-3058
520-5011-483300-
3058 500-5011-
483300-3058 550-
5011-
483300-3058 550-5032-483100-6193
272-
5032-483100-6193
Funds are budgeted,
and will be
available upon appropriation
in the Measure
M Orange-Olive/
Heim Intersection Heim
Sewer Construction CapitalProjects
Sewer Orange
CITY COUNCIL MINUTES April 25, 2006
7. ADMINISTRATIVE REPORTS (CONTINUED)
7.4 Report from the Public Works Director - Removal and storage of abandoned shopping
carts. (A2500.0 Ord-07-06 Shopping
Carts)SUMMARY: The Public Works Department operates a program to remove
abandoned shopping carts from both public and private property. This program was previously
administered by the Community Development Department. Ordinance No. 7-06 revises the
Orange Municipal Code to reflect the change in responsible departments. Resolution No. 10070 establishes a
fee to recover the City's costs for operating
the program.Discussion - Responding to questions from Councilmember Dumitru, Public Works
Director,Gail Farber stated that the City takes in approximately 250 carts per month and only stores
the carts that are not identifiable. Those that are identifiable, are returned to stores. It was noted
that the City pays $1.00 per unidentified cart to the contractor who retrieves the shopping
carts brought to the City Corporation
Yard.Mayor pro tem Cavecche stated her concern that businesses would incur a small financial
burden over an issue they have no control over; but would support the issue knowing that the costs
will be closely monitored and a report on the costs will be brought back to
Council.City Attorney, David DeBerry stated that if the businesses labeled their carts with their
name,address and phone number, the carts would be returned to the stores at no
charge.ORDINANCE NO 7-06 (
FIRST READING)An Ordinance of the City Council of the City of Orange Amending Chapter 8.06 of
the Orange Municipal Code Regulating the Removal and Storage of Abandoned
Shopping Carts.MOTION -
Ambriz SECOND - Murphy
AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved
that Ordinance No. 7-06 be read by title only and same was set for second reading by the
preceding vote.
RESOLUTION NO. 10070
A Resolution of the City Council of the City Orange, Amending the Master Schedule of Fees and
Charges to Add a Fee for the Removal and Storage of Abandoned Shopping Carts.
MOTION - Ambriz SECOND -
Murphy AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru Moved to approve
Resolution No. 10070.Page 13
CITY COUNCIL MINUTES April 25, 2006
7. ADMINISTRATIVE REPORTS (CONTINUED)
7.5 Report from the Public Works Director - Update on railroad Quiet Zone status and other
railroad issues. (T2200.1.4) TAPE 2150 SUMMARY:
A report in response to a Council request for an update on Quiet Zone implementation
progress, as well as other ongoing railroad initiatives affecting Orange.Discussion -
Transportation Analyst, Doug Keys provided a brief report, outlining rail-related projects
the City is involved in. He described the role of the diagnostic team in analyzing the 16 crossings
in Orange as to the improvements needed to qualify the City for Quiet Zones. He indicated
that the Orange County Transportation Authority (OCTA) adopted the State Transportation
Improvement Program which has earn1arked $5 million toward a grade-separated
pedestrian crossing to be constructed at the Orange Transportation Center, emphasizing the
100% OCTA funding. He spoke of the expansion plans by Metrolink through 2009 and the
expansion of the parking lot at the Orange Transportation Center.
Councilmember Dumitru asked about the City's ability to direct or limit the train trips through
the City and suggested that rail crossings in residential neighborhoods be given a priority for
Quiet Zones.
Mr. Keys responded that it has been determined that no environmental requirements exist on
expansion of an existing rail line. He indicated that if the Quiet Zone program is phased due to
financial constraints, the residential areas could be given a priority, but that the goal was to
address the entire City; and any report on priorities would be brought back to Council.
Mayor Murphy indicated that with piece-mealing the Quiet Zone project, it may be difficult
to get a complete benefit, because many crossings are close to each other, and the horns sounded
at one crossing can be heard at the next and beyond. That has to be taken into consideration and
if the Quiet Zone project is broken down into manageable parts, buffer zones will have to
be
considered.Mayor pro tem Cavecche pointed out that the Olive Branch crossing in North Orange, while
it may not have a lot of Metrolink traffic, seems to have more night time freight train noise.
She also noted that the City needs to make sure the Metrolink Quiet Zone policy fits with what
the City wants to
do.In response to questions from Council, Mr. Keys stated that talks are occurring with
train operators to receive input. He also spoke on a Notice of Intent which will eventually be sent
to responsible agencies-BNSF, Metrolink, Amtrak, OCTA, etc.-which states that the
City has qualified for a Quiet Zone and gives notice
to comply.Mayor pro tem Cavecche noted that the liability to the City, once the trains stop
sounding their horns, could be great if a person chooses to ignore the barriers and goes around
the gates,suggesting additional measures above and beyond can be implemented. She also stated
that the concerns of the community over Metrolink's plan to expand service must
be addressed.
CITY COUNCIL MINUTES April 25, 2006
7. ADMINISTRATIVE REPORTS (CONTINUED)
Councilmember Ambriz wanted to ensure that the written report being presented to Council was
available to the public. He asked about the possible use of redevelopment funds; and about
environmental issues, such as air quality, with an increase in trains, wanting to ensure that the
interests of the citizens are protected.
Mr. Keys reiterated that an existing railroad IS exempt from environmental revIew when
expanding an existing railroad line.
Gail Farber, Public Works Director, noted that the City is meeting with OCTA to address
environmental issues and concerns.
Councilmember Smith noted the City is making progress and encouraged communication to
continue with BNSF in order to make a difference with the blasting of the horns.
Mayor pro tem Cavecche noted that the BNSF trains seem to be the major issue, and suggested a
noise test so that the City has data when talking with BNSF.
MOTION - Smith SECOND -
Murphy AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru Moved to receive
and file the Report on the Quiet Zone status and other railroad issues.8. REPORTS FROM
CITY MANAGER - None 9. LEGAL AFFAIRS 9.
1 ORDINANCE NO.
8-06 (SECOND 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 MOTION - Dumitru
SECOND - Cavecche A
YES - Smith, Ambriz,
Murphy, Cavecche, Dumitru Moved that Ordinance No. 8-
06 be read by title only and same was approved and adopted by the preceding vote.Page 15
CITY COUNCIL MINUTES April 25, 2006
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 6:30 p.m. to a Closed Session for the following purposes:
a. Public Employee Appointment pursuant to Government Code Section 54957.
Title: Fire Chief
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.
12. ADJOURNMENT - The City Council adjourned at 7:30 p.m.There
was no 7:00 p.m. Session scheduled.The
next Regular Council meeting is scheduled for May 9, 2006.Declaration
of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting
of April 25, 2006 at Orange Civic Center kiosk, Police facility at 1107 North Batavia, Shaffer Park;
all of said loeations being in the City of Orange and freely accessible to members of the public at least
72 hours before eommencement of said regular meeting; and available at the City Clerk's Office.Page
16