HomeMy WebLinkAbout7_12_2005 - Council MinutesI
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APPROVED BY THE CITY COUNCIL ON JULY 26, 2005
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING July 12, 2005
The City Council of the City of Orange, California convened on July 12, 2005 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
I.I INVOCATION
Given by Pastor Tim Klinkenberg, St. John's Lutheran Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmembcr Teresa Smith
I.3 ROLL CALL
PRESENT -ABSENT -
Smith, Ambriz,
Murphy, Cavecche, Dumitru None 1.
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PRESENTATIONS; ANNOUNCEMENTS; INTRODUCTIONS - None 2.PUBLIC COMMENTS -
None 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.PAGE 1
CITY COUNCIL MINUTES July 12, 2005
3. CONSENT CALENDAR (Continued)
3.1 Request Council Confirmation of warrant registers dated June 16, 23, and 30, 2005.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting June 28, 2005 and
Adjourned Regular Meeting June 28, 2005. (C2500.D.4)
ACTION:Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
AGREEMENTS
3.4 Award of Professional Services Agreement for Special Inspections and Material
Testing for the Main Library and History Center expansion project. (A2100.0 Agr-
4717)
SUMMARY: This agreement authorizes a consultant to provide special inspections and
material testing for the Main Library and History Center expansion project.
ACTION: Approved agreement with MTGL, Inc., in the amount of $90,000, and
authorized the Mayor and the City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are available in the following account:
500-2001 -481200-9901 $90,000 Main Library & History
Center Expansion 3.5 CLAIMS (
C3200.0)SUMMARY: The following c1aim(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 c1aim(s)
be denied.a.
Edward Imfeld ACTION: Denied Claim(s) for damages and referred to City Attorney
and Adjuster.
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CITY COUNCIL MINUTES July 12, 2005
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.6 Contract Change Order No.1 to Engineered Plumbing, Inc. of Baldwin Park, CA
91706 for Villareal Drive Water Main Renewal, Bid No. 045-21. (A2100.0
Agr-4605)SUMMARY: In January 2005, the City of Orange entered into a
contract with Engineered Plumbing, Inc. to replace an existing old and deteriorating
water transmission main. Due to unforeseen underground conditions, additional costs
were incurred.ACTION: I) Transferred $81,704.73 from Account No, 601-
8041-484101-8120 - Well 28 intoAccount No. 601-8041-
484501-8323 - Villareal Waterline Replacement; 2)Approved Contract Change Order No.1 in the amount
of $81,704.73 to Engineered Plumbing,
Inc. for additional work and materials.FISCAL IMP ACT: After the transfer, funds will
be available in the following account:601-
8041-484501-8323 Villareal Waterline Replacement $81,704.73 3.7 Final Acceptedance of Bid
No. 045-21; Water Main Renewal for Villareal Drive and authorization to
file Notice of Completion with
the County Recorder (No staff report required). (A2100.0 Agr-4605)SUMMARY:
Bid No. 045-21; Water Main Renewal
for Villareal Drive. The contractor on said job was
Engineered Plumbing, Inc.ACTION: Accepted public work improvements, authorized release of Merchants Bonding Company (Mutual),
Bond No. CAC 709362, in the amount of $247,372.00 and
authorized the Mayor
and City Clerk to execute the Notice of Completion.FISCAL IMPACT: None.3.
8 Bid No. 056-05; SP-3526; Annual Service Contract
for Concrete Replacement at Various Locations, Fiscal Year 2005-2006.
Approval of Plans and Specifications and authorization to advertise for bids. (
S4000.S.3.2)SUMMARY: Plans and specifications have been completed for
the Annual Service Contract for Concrete Replacement at various locations, FY 2005-06 project.
The project is ready to be advertised for bids. The estimated construction
cost is $400,000,ACTION: Approved plans and specifications and authorized
advertising
for bids
CITY COUNCIL MINUTES July 12, 2005
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and are
available in the following accounts:
262-
5021-
427100 262-5021-483300-3120
Measure M - ContractualServices)Measure M -
Local
Street Maintenance)
Total:197,
000 203.
000 400,000 3.9 Bid No. 056-06; SP-3527 Annual
Street Maintenance Asphalt Concrete Overlay/Reconstruction at Various Locations, Fiscal Year
2005-06. 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.ACTION: Approved plans and specifications and
authorized advertising for bids for the Annual Street Maintenance
Asphalt Concrete Overlay/Reconstruction
Contract at Various Locations, FY 2005-06.FISCAL IMPACT: Funds are budgeted
in the Capital Improvement Program
and are available in the following accounts:262-502 I -
483300-3 120 (Measure M - Local Street
Maintenance)
262-5021-
483300-3112 (
Measure M -
Arterial
Street Maintenance)Total:450,000 200.000 650,000 PURCHASE 3.10 Purchase of a strip of
land for street widening at 2510-
2620 E. Chapman Avenue (a strip retail center). (A2100.0 Agr-4718)SUMMARY: Acquisition
of a strip
of land for widening of the Chapman Avenue and Yorba Street intersection.ACTION:
Authorized the Mayor and City Clerk to execute escrow and related documents concerning the purchase
of a strip of property at 2510-2620 E. Chapman Avenue, to
be used in connection with widening the Chapman Avenue and
Yorba Street intersection.Purchase price is $259,596.00
plus related escrow costs,FISCAL IMPACT: Funds are
available in
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CITY COUNCIL MINUTES July 12, 2005
3. CONSENT CALENDAR (Continued)
QUITCLAIM
3.11 Quitclaim of an old Santa Ana Valley Irrigation Company (S.A.V.I.) Easement
along the northerly boundary of the SR-22 Freeway between Cambridge and
Tustin Streets. (D4000.
0)SUMMARY: This S.A.I. easement has been abandoned for many years and now lies
in the right-of-way of the SR-
22 Freeway expansion project.ACTION: Authorized the Mayor and City Clerk to execute a
Quitclaim Deed to the Orange County Transportation Authority, a Public Entity for the S.
A V.I. easement located in the SR-22 Freeway right-
of-way between Cambridge and Tustin Streets.FISCAL IMP ACT: The $
650.00 processing fee has been paid.3.12 Request to carryover certain
Fiscal Year 2004-05
Appropriations to FY 2005-06.C2500.J.1.5)SUMMARY: Carryover
appropriations are necessary for projects that were budgeted in FY 2004-05 but not
initiated during the fiscal year. Therefore, the funds for these projects must be carried over
into the new fiscal year
of 2005-06 to facilitate
completion of these projects and workplans.ACTION: Approved the carryover appropriations.FISCAL IMP
ACT: Adequate funds have been appropriated and reserved in the Fiscal Year 2004-05 budget
and are available
to be carried
over into the FY 2005-06 budget.
MOTION - Ambriz SECOND - Dumitru AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru
All items on the
Consent Calendar
CITY COUNCIL MINUTES July 12, 2005
4. REPORTS FROM MAYOR MURPHY
4.1 Consideration of appointment to the Planning Commission. (C2500.G.2.5.1)
MOTION - Murphy SECOND -
Ambriz AYES - Smith,
Ambriz, Murphy, Cavecche, Dumitru Moved to appoint
Denis Bilodeau to the City of Orange Planning Commission, filling the unexpired term of
Ken Domer, term to expire on June 30, 2008.5. REPORTS FROM
COUNCILMEMBERS 5.1 Mayor
pro tem Carolyn Cavecche - City Council stance opposing Supreme Court ruling, Kelo v. City
of New London, use of eminent domain for economic development.C2500.M.14)Discussion -
Mayor pro tem
Cavecche stated her desire to let the citizens of Orange know the position that the City Council
holds on the issue of eminent domain for economic development purposes. She requested the City
Attorney summarize his memo to the Council explaining the points of the City of
New London case.City Attorney, David DeBerry stated
that the ruling does not change the law in California. He indicated that California erninent domain
cases have ruled in favor of the property owner,precluding state and local agencies
from taking private property from one person and selling it to another for economic development purposes
unless it is necessary to eliminate an existing blighted condition.Mayor pro tern
Cavecche stated
it was her opinion that the government does not have a right to take private property to transfer
ownership from one business to another for economic development purposes and asked that
the Council go on record opposing the use of eminent domain for this purpose.Councilmember
Smith stated that she
strongly agreed with the Mayor pro tern's opinion.Mayor Murphy also stated he
was philosophically opposed to this issue.No Councilmember responded to Mayor
Murphy's query whether any had a different opinion,6. REPORTS FROM BOARDS, COMMITTEES,
AND COMMISSIONS - None.7. ADMINISTRATIVE REPORTS - None.8. REPORTS
FROM CITY MANAGER - None.PAGE
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CITY COUNCIL MINUTES July 12, 2005
9. LEGAL AFFAIRS - None.10.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11.
RECESS TO CLOSED SESSION MOTION -
Cavecche SECOND - Smith
AYES - Smith, Ambriz,
Murphy, Cavecche, Dumitru Moved that due to
new proposals made today in negotiations with the City's Firefighters Association, the City Council
finds that there is a need to take immediate action and the need to take the action arose
after the posting of the agenda and that the Firefighters Association shall be added to the list
of bargaining unit negotiations to be discussed in closed session,The City Council recessed
to a Closed Session at 4:45 p.m. forthe following purposes:a, Conference with Labor
Negotiator pursuant to Government Code Section 54957,6:City Negotiators: Personnel Director
Steven Pham and Personnel Manager Mike Harary Employee Organizations: Orange Management
Association;Orange Maintenance & Crafts Employees'
Association;Orange Municipal Employees' Association;
Water Department Employees Association;
and Firefighters Association b. Public
Employee Appointment/
Recruitment pursuant to Government Code Section 54957.Title: City Manager Public
Works Director 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 City
Council adjourned at 9:20 p,m.Declaration of City Clerk,
Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of July 12,
2005 at Orange Civic Center kiosk, Police facility 1107 North Batavia, Shaffer Park;all of said locations
being in the City of Orange and accessible to members of the public at least 72 hours before commencement of said
regular meetiug; and available at the Civic Center City Clerk's Office.JlL'~M . MURPHY CIT'
CLERK1fJt~.
r!1IHY
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