HomeMy WebLinkAbout7_25_2006 - Council MinutesAPPROVED BY THE CITY COUNCIL ON AUGUST 8, 2006
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING July 25, 2006
The City Council of the City of Orange, California convened on July 25, 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 Bubba Lipscomb, First Southern Baptist Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Mark Murphy
1.3 ROLL CALL
PRESENT -ABSENT -
Smith, Murphy,
Cavecche, Dumitru None 1.
4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Employee Service
Awards presented to Stan Corona, Community Services Department;Michelle Holguin,
Finance Department; Jennifer Le, Community Development Department; Barbara
Magaddino, Personnel Department; Albert Camacho, Public Works Department; Lew
Stedman, Library Services Department and Brad Davis, Bryan Meissner, Randy
Walker, Dan Cahill, Steve Ames, Police Department.2. PUBLIC
COMMENTS -Brenda Nailon, address
on file, spoke on a code enforcement issue.Darrell Johnson, OCT
A, spoke on the Metrolink event on July 29th with free train rides from the City
of Orange.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 6,11 and 13,2006.ACTION:Approved.
2ITY COUNCIL MINUTES JUly D, LUUb
3. CONSENT CALENDAR (Continued)
3.2 Request approval of City Council Minutes, Regular Meeting, July 11, 2006.
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 June 30, 2006.
ACTION:Approved.
AGREEMENTS
3.5 Award of Consultant Services Agreement - Water Plant Office Remodeling and Security
Improvements. (A2100.0 Agr-4939)
SUMMARY: This contract authorizes the Consultant to provide professional services to
design the Water Plant Office Remodeling and Security Improvements. The scope of
work includes preparation of construction plans and specifications, along with oversight
services during construction of the project.
ACTION: Awarded a Consultant Services Agreement in the amount of $100,000.00 to
Jubany Architectural of Los Angeles for the design of the Water Plant Office Remodeling
and authorized the Mayor and the City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and available in account number:
601-8011-481200-8212 Water Plant Security Improvements $
100,000.00 3.6 2005 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.B)SUMMARY: The County of Orange has applied for, received and
accepted a grant from the State of California, acting through its Office of
Homeland Security, to enhance county-wide emergency preparedness. The combined 2005 grant
funds total $7,380,647.This agreement encompasses the following grant
programs: The 2005 State Homeland Security Program, the 2005 Law Enforcement
Terrorism Prevention Plan, the 2005 Emergency Management Preparedness Grant,
and the
2005 Metropolitan Medical Response System.This transfer agreement covers the items that will be or
have already been funded through the 2005 Homeland Security Grant, as well as the
ongoing
maintenance for the
CITY COUNCIL MINUTES July 25,2006
3. CONSENT CALENDAR (Continued)
MIR3 - Automated Notification System;Web
EOC - Web based software designed to help automate Emergency Operation Center (EOC)
activations;IMAP - Critical
infrastructure Geographical Information Systems (GIS) mapping program for the
County of Orange;Establish/Enhance Citizen
Emergency Preparedness and Awareness - Community education and funding for
citizen corps and public safety volunteer programs;Establish/Enhance Sustainable Homeland
Security Training Program - Training and backfill for specified terrorism training;
Establish/Enhance Sustainable Homeland Securitv
Exercise Program - Tabletop,functional, and full-scale terrorism related
exercises.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 City Clerk to execute the agreement on behalf ofthe City.FISCAL IMPACT: 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.3.7 First Amendment
to Services Agreement with Curbside, Inc. for the Door-to-Door Used Oil
Collection Program. (A2100.0 Agr-2224.I.E.l)SUMMARY:
The City has been receiving Used Oil Block Grants from the California Integrated
Waste Management Board since 1994 and has offered a customer-friendly
door-to-door used oil collection program since 1996. In 2005, the City issued
a Request for Proposal and subsequently awarded a services agreement to Curbside,
Inc. through June 30, 2006. Staff is recommending an amendment to the agreement that
includes a rate adjustment and extends the term through June 30, 2008. All costs
associated with this agreement are funded by Used Oil Block Grants awarded under the
California Oil Recycling
Enhancement Act.ACTION: Approved the First Amendment to Services Agreement and
authorized the Mayor and City Clerk to execute on behalf of
the City.FISCAL IMPACT: This program is funded entirely by grant funds from
the California Integrated Waste Management Board. Funds are available in the
following accounts:220-5022-427100-5005 (FY 04/05 10th Cycle Used
Oil Block Grant) $24,684 220-5022-427100-5006 (FY 05/06
11th Cycle Used Oil Block Grant) $35,325 220-5022-427100-5007 (
FY 06/
CITY COUNCIL MINUTES July 25, 2006
3. CONSENT CALENDAR (Continued)
3.8 Second Amendment to Attorney Services Agreement with the Law Firm of Rntan
and Tucker to provide legal services in relationship to the City's defense of a CEQA
challenge filed against the City's approval of the East Orange development.
A2100.0 Agr-4798.
2)SUMMARY: The Sierra Club has filed a legal challenge under the
California Environmental Quality Act to the City's approval of The Irvine Company's
residential development in East Orange. Rutan and Tucker was retained to provide the defense
for the City. The Irvine Company, which is also a party to the action, has retained its
own counsel. The proposed First Amendment would increase the not to exceed amount
from 150,000 to $250,000. The Irvine Company is reimbursing the City for all
funds expended in this
matter.ACTION: Approved and authorized the Mayor and City Clerk to execute the
Second Amendment to Agreement with Rutan and Tucker,
LLP.FISCAL IMPACT: None. As one of the conditions of the City's approval, The
Irvine Company is obligated to pay the attorney's
fees.3.9 Agreement between the City of Orange and the City of Anaheim for Anaheim
to provide fire sprinkler water service for a proposed building that will sit atop
the City limit line for the Archstone development in West Orange. (A2100.0
Agr-4940)SUMMARY: This agreement allows the City of Anaheim to provide fire
sprinkler water service to a proposed building that will straddle the City limit line between
Anaheim and Orange at the former Orange Drive-in site on State College Boulevard at
the 1-5 Freeway.ACTION: Approved the Agreement and authorized the Mayor and
the City Clerk to execute on
behalf of the City.FISCAL IMPACT: No fiscal
impact
for the City.APPROPRIATIONS 3.10 Authorize purchase and appropriate funds for purchase
of five radar speed advisory signs. (
S4000.S.3.3.)SUMMARY: The proposed radar speed advisory signs are
being purchased from funds currently on deposit from The Irvine Company for the
East Orange development. The signs provide visual feedback to drivers if they are exceeding
the speed limit
and encourage
CITY COUNCIL MINUTES July 25, 2006
3. CONSENT CALENDAR (Continued)
ACTION: I) Appropriated funds deposited by The Irvine Company as part of the East
Orange Development Agreement of $50,000.00 from 550-5032-265600-
2221 to 550-5032-471301-2221; 2) Authorized a sole source
purchase of five VCalm VMS-Solar radar speed advisory signs at a cost of $48,218.13
from
Fortel Traffic, Inc, of Anaheim,CA.FISCAL IMPACT: Upon appropriation, funds will
be available in the following account:550-5032-471301-2221 Radar
Speed
Control Device Deposit TIC DA $50,000.00 BIDS 3.11 Bid No.
067-10; SP-3565 Annual Street Maintenance Asphalt Concrete Overlay at Various
Locations, Fiscal Year 2006/07. Approval of Plans
and Specifications and authorization to advertise for bids. (S4000.S.7)
SUMMARY: Plans and specifications have been completed for the rehabilitation of miscellaneous City
streets under the Street Maintenance Program. The Project is ready
to be advertised. Construction cost is estimated at $2.2 million.ACTION:
Approved plans and specifications and authorized advertising for bids for the Annual
Street Maintenance Asphalt Concrete Overlay at Various Locations, FY 2006/07.FISCAL IMP ACT: No
fiscal impact at this time. Funds are budgeted in
the Capital Improvement
Program and are available in
the following accounts:
500-5011-483300-
3120 (Capital Projects)262-5011-483300-3120 (Measure M - Turnback)1,600,000 2,
000,000 3.12 Approval of Plans and Specifications for the Electrical and Lighting
Upgrades to Hart Park Softball Fields (
C.I.P. Project No. 0030), and Authorization to Advertise for
Bids. (C2500.M.4.9)SUMMARY: Plans and specifications have been completed for
the electrical and lighting upgrades to Hart Park softball fields, which includes the replacement
of
the sports field lighting, pathway lights, and electrical panel. The
project is ready to be advertised.ACTION: Approved
plans and specifications and authorized advertising for electrical and lighting upgrades to Hart
Park softball fields.FISCAL IMPACT: The current fund balance for
the Hart Park Softball Field Renovation is: 511-7021-4811 05-0030 (Hart
Park Softball Field Renovation) $291,765 The probable construction cost estimate for electrical and
lighting upgrades to Hart Park softball fields is $800,000. Staff will request an
additional appropriation
CITY COUNCIL MINUTES July 25, LUUb
3. CONSENT CALENDAR (Continued)
3.13 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. Maria Gutierrez
b. John Lanspa
c. James Suehr
d. Matthew Suehr
e. Southern California Edison (06/09/06)
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
REMOVED AND HEARD SEPARATELY)
3.14 Fourth extension of contract Agreement No. 4201 with Recovr X, Inc. for sidewalk
cleaning services in the Plaza, Plaza Park and Metrolink Station.
A2100.0 Agr-4201.
4)SUMMARY: The City currently has a contract with Recovr X, Inc. for
environmental cleaning services of the concrete sidewalks in the Plaza, Plaza Park, and the
Metrolink Station. The service includes the cleaning of the outdoor dining areas in the Plaza as
well as emergency or special cleanings as required. A portion of the funding for this contract
is the revenue received from the outdoor dining permits. The contract provides for four
one-year
extensions.Discussion _ Councilmember Smith spoke on the importance of maintaining the
Plaza;clarified the provision for emergency cleaning; and suggested staff look into:
possibly requiring Starbucks to pay an additional assessment for additional cleaning adjacent to
their business at the Plaza; major event organizers being required to pay for cleaning after
their events; cleaning the gutter adjacent to Watson's; and additional cleanings in
general.MOTION - Smith
SECOND - Cavecche AYES -
Smith, Murphy, Cavecche, Dumitru Moved to
approve the fourth extension of contract Agreement No. 4201 with Recovr X,Inc. to
June 30, 2007, at current rates in an amount not to exceed $46,408.00.FISCAL IMPACT:
Contract total not to exceed $46,408. Funding is available in the current budget
year in the following accounts:100-5022-
427100 General Fund - Sanitation/Contractual Services 220-
5022-427100 Sanitation & Sewer - Sanitation/Contractual Services
940-9800-424500 Merged & Capital Projects - Contractual
Services 30,298.
00 8,700.
00 7,410.
00 P""e
CITY COUNCIL MINUTES July 25, 2006
3. CONSENT CALENDAR (Continued)
3.15 Final acceptance of Bid No. 056-31; SP-3549; Arbor Way, Oak Street,
and Wayfield Street Rehabilitation Project and authorization to file Notice of Completion
with the County Recorder (No staff report reQuired). (A2100.
0 Agr-4882)SUMMARY: Arbor Way, Oak Street, and Wayfield Street
Rehabilitation Project. The contractor on said job was
Hardy & Harper, Inc.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 IMPACT: None.3.16 Final acceptance of Bid No. 056-32;
SP-3533; Sycamore Avenue Reconstruction Project from Main Street to Batavia Street and
authorization to file Notice of Completion with the County Recorder (No staff
report
reQuired). (A2100.0 Agr-4880)SUMMARY: Sycamore Avenue Reconstruction Project
from Main Street to Batavia Street. The contractor on said job
was All American Asphalt, Inc.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 IMPACT: None.3.17 Final Acceptance of Bid No. 056-
11; SP-3286B; Santiago Creek Bike Trail-Bridge Project and authorization to
file Notice of Completion with the County
Recorder No staff report reQuired). (A2100.0 Agr-4788)SUMMARY: Santiago Creek
Bike Trail-Bridge Project from 75 feet Downstream to 850 feet Upstream
of Glassell Street Overcrossing along Santiago
Creek. The contractor on said job was 4-Con Engineering,
Inc.ACTION: Accepted completion of work and improvements, authorized release of retention funds, and
authorized
the Mayor and
City Clerk
2ITY COUNCIL MINUTES July 25, 2006
3. CONSENT CALENDAR (Continued)
PURCHASES
3.18 Purchase desktop computers for the new Main Library. (C2500.I)
SUMMARY: The Library Services Department seeks to purchase eighty-seven (
87)desktop computers for the new Main Library, to fulfill goals and objectives of the
Library Bond Act grant award that funds much of the project - 72 of these machines are
designated for public use, 14 are designated for new customer service areas such as the
Homework Center, Local History Room, Teen Zone and Literacy Center, and I is
designated for use with a SmartBoard in the Conference and Training Room.
NOTE: Mayor Murphy abstained on this item due to a possible employment conflict of
interest.
ACTION: Authorized the purchase of eighty-seven (87) desktop computers from
Dell Computers for an amount not to exceed $135,832.
17.FISCAL IMP ACT: Sufficient funds are allocated and available in the following
account:500-2001-481200-9901 $536,
116
Main Library Expansion RESOLUTIONS 3.19 RESOLUTIONNO. 10098 (C2500.
J.4.2.1)A Resolution of the City Council of the City of
Orange creating the Position Classification of Forensic Services Supervisor and Amending
Resolution No. 10000 by Including this Classification into the
Police
Management Memorandum
of Understanding.ACTION: Approved.
REMOVED AND HEARD SEPARATELY)3.20 RESOLUTION NO.
10104 (A2100.0 Agr-4943)A Resolution of the City Council of the City of Orange
finding and determining that the public interest is served in acquiring a remnant portion
of real property adjacent to Santiago Creek in the City of Orange from the State
of California and approving the terms and conditions and authorizing the execution of
a purchase and sale agreement.Discussion - Councilmember Smith wanted to ensure the
maintenance of this property.Mayor pro tern Cavecche asked for a report back on all
surplus Cal Trans
properties.MOTION - Smith
SECOND - Cavecche AYES - Smith, Murphy, Cavecche,
Dumitru Moved to
approve.Page
CITY COUNCIL MINUTES July 25, 2006
3. CONSENT CALENDAR (Continued)
3.21 RESOLUTION NO. 10100 (S4000.S.4)
A Resolution of the City Council of the City of Orange vacating a portion of an easement
for public road and highway purposes on real property generally located at the southerly
end of Saxon Court ('A' Street) as shown on Parcel Map No. 2004-302 in the City
of
Orange.ACTION:
Approved.3.22 RESOLUTION NO. 10101 (S4000.S.3.
6)A Resolution of the City Council of the City of Orange assigning 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.3.23 RESOLUTION NO. 10102 (C2500.M.
16.1)A Resolution of the City Council of the City of Orange approving Lot
Line Adjustment LL 2006-03 combining lots 60 and 61 of Tract No. 16768, in the City
of Orange County of Orange,
State of California.Owner: North Orange Del
Rio Land,
LLC ACTION: Approved.3.24 RESOLUTION NO. 10103 (C2500.G.
2.5.1)A Resolution of the City Council of the City of Orange expressing
appreciation to Ben Pruett of the Planning Commission for his thirteen years
of dedicated
service.ACTION:
Approved.TRANSPORTATION RATES 3.25 Emergency Transportation Fee
Changes. (C2500.H)SUMMARY: Emergency Ground (transportation) Ambulance rates
for Orange are consistent with those approved by the Orange County Board
of Supervisors. The Supervisors approved new rates effective July I, 2006 and the City Council
needs to take a similar action approving rates for the
City of Orange.ACTION: Approved the rate schedule for
emergency (transportation) ambulance services adopted by the Orange County Board of Supervisors on July II,
2006 with an effective date of
July I,
ITY COUNCIL MINUTES July 25, 2UU6
I. CONSENT CALENDAR (Continued)
FISCAL IMPACT: The transportation fee changes will result in an approximate increase
of $113,926 in charges billed. However, due to annual reductions in Medicare and
Medicare HMO reimbursement limits, the City will not receive the entire amount in
revenue.
MOTION - Smith SECOND -
Dumitru AYES - Smith,
Murphy, Cavecche, Dumitru Items 3.14
and 3.20 were removed and heard separately. Mayor Murphy abstained on Item 3.18.
All other items on the Consent Calendar were approved as recommended.END OF CONSENT
CALENDAR I. REPORTS FROM
MAYOR MURPHY t1 Consideration of
appointments to the Orange Public Library Board. (C2500.I.2)1,10TION - Murphy
SECOND - Smith II, YES -
Smith, Murphy, Cavecche,
Dumitru l,1oved to reappoint Doug Westfall
andJonell Schlund to the Orange Public Library Board,erms to expire June 30, 2009.
5. REPORTS FROM COUNCILMEMBERS 5.1
Mayor pro tem Cavecche -
Discussion and request for report on plan to increase graffiti removal efforts. (C2500.N.4)l,
1ayor pro tem Cavecche reported on
therecent upswing of graffiti and suggested addressing this issue by developing a citywide approach, possibly
purchasing more equipment and looking to residents volunteering, as well as contracting with
the County for the County islands within the 2ity-noting that the County had recently
adopted a new ordinance to address graffiti removal.She also spoke of the need
to require apartment owners to eradicate graffiti immediately; the problems at the judicial level; and
the need to work with the utility companies to deal with the graffiti on utility boxes. She asked
for a report back looking at these issues, as well as a review of other cities' programs and the
City's current ordinance to address the problem.Councilmember Smith agreed that the utility
boxes need to be addressed by Edison and phone companies; and extra attention is needed
in general to address the problem with graffiti.Page 10
CITY COUNCIL MINUTES July 25, 2006
5. REPORTS FROM COUNCILMEMBERS (Continued)
In response to a question from Councilmember Dumitru it was determined that the City does not
have a program to reward anonymous tips on graffiti.
Mayor Murphy stated that the City was currently in discussions with the County for funding to
allow graffiti removal in County island areas; adding that the issue of accessing private property
as well as using non-matching paint can be
problematic.Mayor pro tern Cavecche reiterated her request for a report back outlining all the
Issues
discussed.6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS
7.1 Report from the City Attorney - establishing residency and/or employment qualifications
for members of City Council created citizen committees. (C2500.D)SUMMARY:
At its meeting on June 27, 2006, the City Council directed the City Attorney to bring
back a report concerning the establishment of qualifications for persons appointed to City Council
created committees.Discussion -
City Attorney, David DeBerry reported that at the present time, there are various requirements to
serve on citizen committees, noting that the Library Board requirements were dictated by
the Education Code.Council discussed
residency requirements being imposed on the Planning Commission, Park Planning and
Development Commission, Community Development Block Grant Program Committee and
the Traffic Commission. It was determined that a few of the boards have non-residents serving
due to the scope of their respective committees. Council also discussed allowing current
committee members to finish out their terms if they do not meet the proposed requirements.MOTION -
Dumitru
SECOND - Cavecche AYES -
Smith, Murphy, Cavecche,
Dumitru Moved to continue to August
22, 2006 for a report outlining residency requirements for the Planning Commission, Traffic Commission, Parks
Commission and CDBG Committee; and other committees, except for the
Library Board of Trustees, having either residency or employment requirements.8. REPORTS FROM
CITY MANAGER -
None.9. LEGAL AFFAIRS - None.Page 11
CITY COUNCIL MINUTES July 25, 2006
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:50 p.m. to a Closed Session for the following purposes:
NOTE: Council did not discuss this item.
a. Conference with Legal Counsel n Anticipated Litigation pursuant to Government Code
Section 54956.9(c)
b. Public Employee Appointment pursuant to Government Code Section 54957.
Title: Fire Chief
c. 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 Council adjourned at 6:50 p.m. There was no 7:00 p.m. Session.The
next Regular City Council meeting is scheduled for August 8, 2006.Declaration
of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular
meeting of July 25, 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.4~
lf~MURPHY-CITY
CLERK Page
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