1/8/2008 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON JANUARY 22, 2008
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING January 8, 2008
The City Council of the City of Orange, California convened on January 8, 2008, 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 Irma Hernandez, Senior Assistant to the City Manager.
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Denis Bilodeau.
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation recognizing the City of Orange 2007 United Way Fundraising Campaign.
Proclamation designating the month of January as National Blood Donor Month.
Presentation to Michael Merino for service on the Orange County Vector Control
District Board.
2. PUBLIC COMMENTS
Mary Kate Land, address on file, spoke about seized property of Mr. Charles Monson;
and the medical marijuana issue.
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January 8, 2008
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 December 6, 13, 20
and 27, 2007.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of December 11,
2007. (C2500.D.4)
ACTION:
Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approve.
3.4 Receive and file the City Treasurer's Report, period ending November 30, 2007.
(C2500.F)
ACTION:
Approved.
3.5 Investment Oversight Committee Report for the period ending October 31, 2007.
(OR1800.0.27.16.1)
ACTION:
Received and filed.
3.6 Audited Financial Statements and Related Financial Reports for the Year Ended
June 30, 2007. (C2500.J.1.3)
ACTION:
Received and filed.
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January 8, 2008
3. CONSENT CALENDAR (Continued)
APPROPRIATIONS
3.7 Appropriation of funding for Homeland Security related training in Israel.
(C2500.K)
SUMMARY: Shaneson Consulting Group is offering a unique 7-day traInIng
opportunity available to a limited number of law enforcement, military, and counter-
terrorism professionals. The training will take place in Israel, February 3-11, 2008.
The cost of training, lodging, transportation, and per diem expenses are included in this
request.
ACTION: Appropriated $12,000 to Account 355-4081-429300 (Federal Asset
Forfeiture-Homeland Security-Overnight Training) to fund this training.
FISCAL IMP ACT: Unreserved fund balance is available in the State Asset Forfeiture
account to fund this appropriation. After appropriation, funds in the amount of
$12,000 will be available in Account 355-4081-429300 (Federal Asset Forfeiture-
Homeland Security-Overnight Training) for the purchase.
BIDS
3.8 Bid No. 078-31; SP-3634; Annual Concrete Replacement at various locations, FY
2007-08. Approval of plans and specifications and authorization to advertise for
bids. (S4000.S.7)
SUMMARY: Plans and specifications have been completed for the Annual Concrete
Replacement at various locations, FY 2007-08 Project. The project is ready to be
advertised for bids. The estimated construction cost is $600,000.
ACTION: Approved plans and specifications and authorized advertising for bids for
Annual Services Contract for Concrete Replacement at Various Locations, FY 2007-08
project.
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and are
available in the following accounts:
262-5021-427100-0000 Measure M - Contractual Services $ 197,000.00
262-5011-483300-3120 Measure M Turnback $ 1,206,000.00
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3. CONSENT CALENDAR (Continued)
3.9 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. Carolyn Newton
b. State Farm subrogee of Eugene Shabinaw
c. Narong Lim
d. Barbara and Alfonso DeHerrera
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.10 Final Acceptance of Bid No. 078-02; SP-3579; Meats Avenue AHRP Project Street
Rehabilitation Improvements from Orange Olive Road to Nordic Street and
authorization to file Notice of Completion with the County Recorder (No staff
report reQuired). (A2100.0 Agr-5147)
SUMMARY: Bid No. 078-02; SP-3579; Meats Avenue AHRP Project Street
Rehabilitation Improvements from Orange Olive Road to Nordic Street. Staff
recommends acceptance of improvements. The contractor on said job was R.J. Noble
Company.
ACTION: Accepted public work improvements, authorized release of Travelers Casualty
and Surety Company of America of Connecticut, Bond No. 104980422 in the amount of
$752,752.00 and authorized the Mayor and City Clerk to execute the Notice of
Completion.
FISCAL IMP ACT: None.
3.11 Final Acceptance of Bid No. 078-06; SP-3577; Glassell Street Rehabilitation
AHRP Project from Collins Avenue to Katella Avenue and authorization to file
Notice of Completion with the County Recorder (No staff report reQuired).
(A2100.0 Agr-5143)
SUMMARY: Glassell Street Rehabilitation AHRP Project from Collins Avenue to
Katella Avenue. Staff recommends acceptance of improvements. The contractor on
said job was All American Asphalt.
ACTION: Accepted public work improvements, authorized release of Fidelity and
Deposit Company of Maryland, Bond No. 08903377 in the amount of $587,443.00 and
authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
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January 8, 2008
3. CONSENT CALENDAR (Continued)
3.12 Final Acceptance of Bid No. 078-13; SP-3613; Street Monument and Entry Sign at
Tustin Street and Seba Avenue and authorization to file Notice of Completion
with the County Recorder (No staff report reQuired). (A2100.0 Agr-5138)
SUMMARY: Street Monument and Entry Sign at Tustin Street and Seba Avenue.
Staff recommends acceptance of improvements. The contractor on said job was Elite
Bobcat Service, Inc.
ACTION: Accepted public work improvements, authorized release of Fidelity and
Deposit Company of Maryland, Bond No. 7595064 in the amount of $54,000.00.
FISCAL IMPACT: None.
3.13 Award of Bid No. 078-17 to Allstar Fire Equipment for the purchase of Fire
Pumper Truck Equipment for the three recently purchased Fire Pumper Trucks.
(C2500.H)
SUMMARY: On February 13,2007, the City Council approved purchase of three Fire
Pumper Trucks for the Orange Fire Department. The trucks are now ready to be
outfitted for service and require additional equipment which include hoses, nozzles,
ladders, fittings, and miscellaneous tools and equipment.
ACTION: Authorized purchase of Fire Pumper Truck Equipment in the amount of
$217,366.39.
FISCAL IMP ACT: Funds are currently available in the following account:
720-5023-472102 Vehicle Replacement Fund $217,366.39
PURCHASES
3.14 Purchase of Neptune replacement water meters on a sole source as needed basis.
(C2500.P)
SUMMARY: This is a request that the City Council authorize the ongoing purchase of
Neptune replacement water meters, on an as needed sole source basis, in the amount
not to exceed $182,000.00.
ACTION: Authorized purchase of Neptune replacement water meters from Neptune
Technology, Tallassee, AL., on an as needed basis in the amount not to exceed
$182,000.00.
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January 8, 2008
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Sufficient funds are budgeted and are available to cover the cost of
the purchases as follows:
601-8041-484501-8400
600-8041-474700
601-8041-484501-8400
Pipeline Renewal Projects
Meters
Meter Replacement Program
$ 27,912.64
$104,000.00
$ 50.278.00
Total $182,190.64
MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR CA VECCHE -
Mayor Cavecche wanted to ensure a report would be provided to the Council soon on the
staffing requirements for enforcement of the Day Laborer Ordinance.
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
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7. ADMINISTRATIVE REPORTS
7.1 Report on Agreements for Qualified Construction and Demolition Debris
Processors. (A2100.0 Agr-5210; 5211; 5212)
SUMMARY: On October 25, 2007, proposals were received and opened for the provision of
self-hauled Construction and Demolition (C&D) debris processing. Of the six proposals
received, all six were deemed qualified.
Discussion - Public Works Director Gail Farber gave the staff report, stating that the six
proposed facilities are inspected monthly by the local enforcement agency and no violations
have been reported during the last year according to the California Integrated Waste
Management Board.
Mayor pro tern Dumitru indicated he had traveled to all sites and determined three to be too far
and even hard to locate. He expressed concern for incremental increases to staff time to
administer paperwork on each facility.
City Attorney David DeBerry stated that the Council may choose all or part of the proposed
list. He stated that the idea in suggesting the six facilities was to give contractors a choice
based on convenience of location.
Ms. Farber stated the intent was to encourage C&D recycling and that if the options are not
needed, the list can be changed in the future.
Mr. DeBerry, responding to Council questions, stated that the contractors pulling C&D permits
will receive a list of the processing facilities. He added that random auditing will be
conducted and if it appears contractors are not complying, the City Manager has the ability to
require deposits and receipts be shown as proof.
Public Works Department, Sr. Administrative Analyst Jamie Herbon stated that a copy of the
application form will be taken by the contractor to the facility to ensure the City receives the
credit for the recycled material She stated this will allow for a paper trail for auditing
purposes.
Mayor pro tern Dumitru suggested that contractors designate a facility on their permits for
easier auditing by the City.
MOTION - Dumitru
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to approve three - Republic Services, Madison Materials and Orange Transfer and
Recycling Center - qualified C&D debris processors be placed on a list of designated facilities
for receiving self-hauled C&D debris and authorized the City Manager to execute the C&D
Processing Agreements on behalf of the City.
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8. REPORTS FROM CITY MANAGER
8.1 FY 2008-09 Budget Kick-off and Preliminary Outlook
City Manager John Sibley reported on FY 07-08 decrease in revenue and the expected loss of
sales taxes. However, he stated his expectation in balancing the budget without compromising
the quality customer service provided by the City. He reported the imposition of an immediate
hiring freeze on all non-safety positions; or his approval required if it became necessary to fill
a position. He also reported the imposition of cuts in non-essential travel budgets and
purchases of non-critical equipment and supplies.
He noted some of the following projects that will be going forward - Hart Park pool
renovation; EI Camino Park renovation; the Grijalva Gymnasium bidding process is underway;
Fire Station No.4 renovation; purchase of three new fire engines; and the maintenance of
outstanding levels of customer service by staff.
He explained that a review of the departments' mid-year budgets would occur and, if
necessary, budget reductions will be directed. He added that property tax revenue has been a
little higher than had been expected.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 20-07 (SECOND READING) (A2500.0 Code Enforcement Fees)
An Ordinance of the City Council of the City of Orange Amending and Revising Various
Sections of the Orange Municipal Code Related to Fees and Charges.
MOTION - Murphy
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 20-07 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
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January 8, 2008
11. RECESS TO CLOSED SESSION
The City Council recessed to a Closed Session at 5:20 p.m. for the following purposes:
a. Conference with Legal Counsel - Anticipated Litigation
Significant exposure to litigation pursuant to Government Code Section 54956.9(b) - Two
potential cases
b. Conference with Legal Counsel- Existing Litigation pursuant to Government Code Section
54956.9(a):
1) Gary T. Blankenhorn v. City of Orange, et aI.,
United States District Court Case No. SACV02-1160 GL T (MLGx)
2) Frank Gutierrez v. Michael Fisher, Agusto Rocha, The City of Orange, et ai,
United States District Court Case No. SACV06-760 CJC (RNBx)
c. Conference with labor negotiators pursuant to Government Code Section 54957.6
City's representatives: Personnel Director Steven Pham and Personnel Services Manager
Mike Harary
Employee organization: Fire Management and Orange City Firefighters
d. 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.
7:00 P.M. SESSION
12. PUBLIC COMMENTS - None.
13. PUBLIC HEARINGS
13.1 APPEAL NO. 0523-07 - CONDITIONAL USE PERMIT NO. 2671-07
APPELLANT: BAGEL ME CORPORATION (A4000.0 APP-0523-07)
Time set for public hearing to consider an appeal of the Planning Commission's denial of a
Conditional Use Permit to allow on-premise sale of beer and wine (Type 41 license) for an
existing eating establishment, Bagel Me and First Class Pizzeria, located at 3533 East
Chapman Avenue, Unit C.
Discussion - Community Development Director Alice Angus gave the staff report.
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January 8, 2008
13. PUBLIC HEARINGS (Continued)
THE MAYOR OPENED THE PUBLIC HEARING.
Appellant, Gary McArthur stated his previous restaurant experience and his plan for this
establishment to have a low-key approach to serving alcohol, along with a conservatively-
managed eating establishment. He stated that serving alcohol required additional staff, but that
his customers have requested it. He added that the neighboring restaurant that serves alcohol
has no existing problems, and that no parking problems currently exist as well.
In response to questions from Councilmembers, Mr. McArthur stated:
· The availability of alcohol would be advertised on the menu only and that no off-sale of
alcohol would occur.
· He owns several Bagel Me! restaurants, but only this one is combined with the First Class
Pizza operation. He added that Bagel Me! items are served until 4:00 p.m. and service of
the pizza items begins at 11 :00 a.m. until the close of business.
· Menu items are ordered at the counter and then served at the table-known as the fast,
casual concept. He added that the alcohol would be handled in the same way.
· The staff will undergo training in alcohol management.
THE MAYOR CLOSED THE PUBLIC HEARING.
Councilmember Smith stated her concern with the proximity of the restaurant site to the Fred
Kelly Stadium and El Modena High School; availability of alcohol at various other sites along
Chapman Avenue; access issues and traffic along Chapman; and the layout of the restaurant is
such that not all areas can be seen from the counter. She suggested the new type of restaurant
branding with two different restaurants is confusing and she did not want to encourage alcohol
at a Bagel Me; and stated that even though this census tract is not over-licensed, the
neighboring tract is. She noted the Planning Commissioners were unable to make the findings
necessary for a Conditional Use Permit.
Mayor pro tern Dumitru clarified that the stadium separates the high school from the
establishment and that other restaurants in the area are allowed to serve alcohol. He stated he
is in favor of granting the CUP.
In response to questions from Councilmember Murphy, Police Sergeant Jeff Bird reported that
the crime rate in this tract is below 20%, and that there is a lower concentration of liquor
licenses in this tract.
Councilmember Murphy stated he sees the site as a pizza restaurant and given that there is not
an over-concentration of liquor licenses, he would have a hard time not granting the license.
He compared the operation to other pizza restaurants serving alcohol, adding that the
customers may be inclined to purchase the pizza and go elsewhere to purchase the alcohol.
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13. PUBLIC HEARINGS (Continued)
Mayor Cavecche stated she was not in support of the CUP; that she sees the operation as a
Bagel Me! eatery and not yet a pizza shop and not the type of restaurant that should have an
alcohol license.
Councilmember Bilodeau stated he did not fully agree with the findings made by the Planning
Commission; but did agree that the restaurant's layout is awkward.
In response to Council questions, Mr. McArthur stated that the restaurant closes at 10:00 p.m.
all seven days. He added that alcohol is served starting at 11 :00 a.m. and that Bagel Me! and
First Class Pizza items are served from 11 :00 a.m. to 4:00 p.m. After 4:00 p.m. only the pizza
items are served.
Council discussed additional conditions being added to the standard conditions imposed on
CUPs, addressing the advertising of alcohol on the menu only; requirement for an alcohol
management plan; no pitchers of beer-bottles only; ceasing serving alcohol one hour before
closing; no alcohol-only orders; alcohol inventory out of sight, but allowed in refrigerators
with glass doors.
Councilmember Smith registered an extreme concern with an alcohol license, especially with
18 year olds able to serve alcohol and a school next door.
MOTION - Bilodeau
SECOND - Murphy
AYES - Murphy, Dumitru, Bilodeau
NOES - Smith, Cavecche
Moved to uphold Appeal No. 0523-07, granting approval of Conditional use Permit No. 2671-
07; subject to standard conditions, with additional conditions agreed to by the appellant -
hours serving alcohol from 11 :00 a.m. to 9:00 p.m.; no sale of alcohol unless it is in
conjunction with the sale of food; an Alcohol Management Plan to be adopted and be followed
by the applicant; no interior advertisement of alcohol except on menus, except that an alcohol
refrigerator is allowed with glass doors; and alcohol only to be served in individual servings.
City Attorney David DeBerry noted that this action is not final until a Resolution formalizing
the conditions is adopted; to be brought back to Council at the January 22, 2008 Council
meeting.
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January 8, 2008
13. PUBLIC HEARINGS (Continued)
13.2 DENSITY BONUS ORDINANCE (A2500.0 Ord-02-08 Density Bonus)
Time set for public hearing to consider adoption of a proposed Ordinance amending Chapters
17.04 and 17.14, and adding Chapter 17.15, to the Orange Municipal Code to reflect an
amendment to state density bonus law.
Discussion - Community Development Director Alice Angus gave the staff report.
THE MAYOR OPENED THE PUBLIC HEARING.
Cesar Covarrubias, Kennedy Commission, address on file, stated that the proposed ordinance
does not do enough to provide a vehicle for affordable housing.
THE MAYOR CLOSED THE PUBLIC HEARING.
Ms. Angus responded that the current Housing Element has a provision for affordable housing,
and that the zoning code, as well, includes an affordable housing provision; however they do
not tie into the density bonus. The existing ordinance has the old density bonus incentives
without the sliding scale and contains a more cumbersome process, requiring a CUP for denser
development. She stated the proposed process allows for staff to have a preliminary review of
developer's requests for incentives and concessions and it is treated similar to a major site plan
review which involves Planning Commission action and possible Council approval if a request
for financial incentives are involved.
Mayor Cavecche noted that Councilmember Smith had brought forward a concern with regard
to incentives or concessions on projects that would have an adverse effect on any real property
that qualified for inclusion in a local, state or federal listing of historically significant
resources.
Councilmember Smith indicated that this would address concerns in Orange Park Acres, Olive,
Eichler residences, as well as Old Towne, and as the City continues to age, more historic
districts may be identified.
ORDINANCE NO. 2-08 (FIRST READING)
An Ordinance of the City Council of the City of Orange approving an amendment to Title 17
of the Orange Municipal Code to reflect the State Density Bonus Law.
MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 2-08 be read by title only and same was set for second reading by
the preceding vote.
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January 8, 2008
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT - The City Council adjourned at 8:20 p.m.
The next Regular Council meeting is scheduled for January 22,2008.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of January 8, 2008 at Orange Civic Center kiosk, Police facility at 1107 North
Batavia, and the Main Public Library at 407 E. Chapman; 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.
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