1/22/2008 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON FEBRUARY 12, 2008
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING January 22, 2008
The City Council of the City of Orange, California convened on January 22, 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 Pastor Larry DiSimone, Calvary Chapel of the Canyons
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Teresa Smith
1.3 ROLL CALL
PRESENT -
ABSENT -
Smith, Murphy, Cavecche, Dumitru, Bilodeau
None
1.4 PRESENT A TIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of Proclamation to Police Service Dog Niko, upon his retirement from
servIce.
Presentation of Resolution to Tara Finnigan for service to the City of Orange.
Invitation from Orange YMCA Longhouse Chief - Indy 500 race, Saturday, February 2nd.
Presentation of Employee Service Awards.
The City Council will adjourn in memory of Bea Vega, long time Orange resident and
community volunteer.
2. PUBLIC COMMENTS - Bob Holtzclaw, Lake Forest, thanked the City Council for
the recently adopted solicitation ordinance.
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January 22, 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 January 3 and 10,2008.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of January 8, 2008.
(C2500.D.4)
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 December 31, 2007.
(C2500.F)
ACTION:
Approved.
AGREEMENTS
3.5 Agreement for the transfer of ownership of the Police Service Dog, Niko, currently
assigned to the Police Department's Canine Team from the City of Orange to
Canine Officer Edward Uceda. (A2100.0 Agr-5216)
SUMMARY: Canine Officer Edward Uceda has been assigned to the Police
Department's Canine Team for the past four years with Niko as his canine partner.
Officer Uceda was recently transferred to the Investigative Services Division and has
assumed a new position not requiring the use of his canine partner, Niko. As Niko has
lived with the Uceda family for the past four years while Officer Uceda has been the
dog's handler, it is the Police Department's recommendation that his ownership be
transferred from the City of Orange to Officer Edward Uceda.
ACTION: Approved the Agreement transferring ownership ofNiko to Officer Edward
U ceda.
FISCAL IMP ACT: There will be no fiscal impact to the General Fund.
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January 22, 2008
3. CONSENT CALENDAR (Continued)
3.6 Cooperation Agreement between the City of Orange and the Orange
Redevelopment Agency for the Housing Element Update. (A2100.0 Agar-5217)
(See related Redevelopment Agency Minutes Item No. 3.3.)
SUMMARY: The City Council approved a consultant services agreement with RBF
Consulting on November 13, 2007 to update the City of Orange Housing Element
pursuant to State law. In order for a portion of the Housing Element Update costs to be
paid by the Orange Redevelopment Agency (Agency), the City Council and the Agency
Board of Directors must make certain findings and enter into a Cooperation Agreement
evidencing the financial obligation of the Agency. A companion item is on the Agency
agenda.
ACTION: Approved the Cooperation Agreement between the City of Orange and the
Orange Redevelopment Agency to enable the Agency to pay for a portion of the costs
associated with the Housing Element update; and Authorize the Mayor and City Clerk
to execute all necessary documents on behalf of the City.
FISCAL IMP ACT: Funds are available for the Housing Element Update as follows:
100-6011-426700-9797 General Fundi Prof. & Consulting Services $49,700
941-9800-426700-9797 Merged Housing Fund/Prof. & Consulting Svs. $27,300
BIDS
3.7 Award of Bid No. 078-30 to ACS for the purchase and installation of 30 Cisco
routers and switches. (C2500.E)
SUMMARY: The City's Information Technology network includes numerous Cisco
routers and switches that control data movement between desktop computers and
network equipment. There are approximately 30 routers and switches that are at their
end-of-life that need to be replaced. Upgrading switches and routers help to ensure the
City stays current with up-to-date technology thereby providing a more secure and
effective technology environment.
Note: Councilmember Murphy abstained due to a possible employment conflict.
ACTION: Authorized purchase of 30 Cisco Routers and Switches from ACS in the
amount of$139,272.43.
FISCAL IMPACT: Funds were budgeted in FY 2007-08 and are currently available in
the following account:
790-1601-481303-9640 MIS Fund $139,272.43
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3. CONSENT CALENDAR (Continued)
3.8 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. Mercury Casualty subrogee of Joan Temme-Fitz
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.9 Contract Change Order No.1 and Final for Bid No. 078-02; SP-3579; Meats
Avenue Rehabilitation from Orange-Olive Road to Nordic Street. (A2100.0 Agr-
5147)
SUMMARY: This Contract Change Order authorizes payment for extra work at agreed
unit prices. The total cost for this change order is $54,211.31.
ACTION: Approved Contract Change Order No.1 in the amount of$54,211.31 to R.J.
Noble Company for the extra work.
FISCAL IMPACT: Funds are available in the Capital Improvement Program in the
following account:
272-5011-483300-3049 Gas Tax Meats Ave: Orange-Olive to Nordic $182,000
3.10 Contract Change Order No. 1 and Final for Bid No. 078-06; Glassell Street
Rehabilitation AHRP Project from Collins Avenue to Katella Avenue (SP-3577).
(A2100.0 Agr-5143)
SUMMARY: This final contract change order authorizes payment for extra work at
contract unit prices and agreed prices. The extra work is required for contract changes
due to field conditions. This change order will increase the contract award amount by
$67,945.69.
ACTION: Approved Final Contract Change Order increase for the amount of
$67,945.69 to All American Asphalt, 400 E. Sixth St., Corona, CA 92878, and
authorized the Mayor and the City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds for this Final Contract Change Order are available in the
following accounts:
272-5011-483300-3053 Gas Tax 2105 Glassell St. (Katella to Collins) $80,193.00
550-5011-483300-3053 AHRP Glassell St. (Katella to Collins) $54,882.00
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January 22,2008
3. CONSENT CALENDAR (Continued)
3.11 Final Acceptance of Bid No. 078-01; SP-3575; Yorba Street Rehabilitation AHRP
from La Veta Avenue to Palmyra Avenue and authorization to file Notice of
Completion with the County Recorder (No staff report). (A2100.0 Agr-5170)
SUMMARY: Bid No. 078-01; SP-3575; Yorba Street Rehabilitation AHRP from La
V eta Avenue to Palmyra Avenue. Staff recommends acceptance of improvements.
The contractor on said job was International Pavement Solutions, Inc.
ACTION: Accepted public work improvements, authorized release of Arch Insurance
Company of Missouri, Bond No. SU 5024220 in the amount of $180,846.00 and
authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
3.12 Final Acceptance of Bid No. 078-08; SP-3585; Poplar Street and Acacia Avenue
Reconstruction CDBG Projects and authorization to file Notice of Completion
with the County Recorder (No Staff report). (A2100.0 Agr-5144)
SUMMARY: Bid No. 078-08; SP-3585; Poplar Street and Acacia Avenue
Reconstruction CDBG Projects. 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. 104980423 in the
amount of$125,872.00
FISCAL IMPACT: None.
PROPERTY SALE
3.13 Sale of surplus property created from the widening of Cannon Street to the
adjacent parcel owners. (A2100.0 Agr-5218; 5219; 5220; 5221)
SUMMARY: These four surplus properties were created as a result of the ultimate
widening of the Cannon Street Realignment Project. Utilizing an outside appraisal of a
neighboring property, staff has appraised the properties and recommends selling them
to the adjacent property owners, as they have no identified need for City purposes.
ACTION: Authorized the Mayor and City Clerk to execute escrow and related
documents regarding the sale of four surplus properties on Cannon Street, created as a
result of the Cannon Street Realignment Project. Total sale price for the four parcels is
$77,090.00, less related escrow costs.
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January 22, 2008
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Upon close of escrow, sale proceeds will be deposited to the
following account:
262-5011-291100-3427 Cannon Street Realignment Project
RESOLUTIONS
3.14 RESOLUTION NO. 10247 (C2500.M.1)
A Resolution of the City Council of the City of Orange approving the application for
Grant Funds from the County of Orange Integrated Waste Management Department for
the implementation of an Enhanced Residential Household Hazardous Waste
Collection Program.
ACTION: I) Approved Resolution No. 10247; and 2) Appropriated $40,000 in
revenue received from the Integrated Waste Management Department to Account 220-
5001-264600-4930 (County Grants).
3.15 RESOLUTION NO. 10248 (C2500.H)
A Resolution of the City Council of the City of Orange expressing appreciation to
Frank Frasz of the City of Orange Fire Department and commending him for thirty-two
years of loyal and dedicated service.
ACTION: Approved.
3.16 RESOLUTION NO. 10249 (C2500.H)
A Resolution of the City Council of the City of Orange expressing appreciation to
Thomas R. Groseclose of the City of Orange Fire Department and commending him for
thirty years of loyal and dedicated service.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.17 RESOLUTION NO. 10252 (C2500.G)
A Resolution of the City Council of the City of Orange expressing appreciation to Tara
Finnigan for nine years of loyal and dedicated service to the City of Orange.
MOTION - Cavecche
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ACTION: Approved.
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3. CONSENT CALENDAR (Continued)
MOTION - Murphy
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Councilmember Murphy recorded an abstention on Item 3.7 due to a potential
employment conflict; Item 3.17 was removed and heard separately. All other items on
the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR CA VECCHE - None.
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Smith - Report on Old Towne Plaza Commercial District
Parking. (S4000.S.9) TAPE 1100
Discussion - Councilmember Smith reported on meetings conducted to address the parking
problems being experienced by the businesses in the Plaza. In addition to merchant
participants, Chapman University, the Chamber of Commerce and staff from the Economic
Development Department identified the following:
Issues -
· Lack of directional signage resulting in difficulty in locating parking.
· Parking needs of employees versus retail businesses.
· Non-customers taking advantage of parking.
. Paid parking program.
. Permit parking program.
· Prime parking spaces taken early in the day.
· Inadequate parking to meet demand of mixed uses.
Ideas -
· Charge for the most desirable parking spaces in the Plaza area.
· Negotiate with private lots for use of spaces.
· Re-examine the operation of all city parking lots.
Economic Development Department Project Manager Barbara Messick reported that a
consultant had provided, at no charge, a detailed analysis with the following ideas:
· Retain current time limits for parking on-street and in parking lots.
· Need for dedicated signage program to identify and direct to municipal parking lots.
· Implement paid parking program on spoke streets and in municipal parking lots.
· Utilize Park-and-Pay and Pay-and-Display technology instead of meters.
· Use of valet parking program during high demand times.
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January 22, 2008
5. REPORTS FROM COUNCILMEMBERS (Continued)
Ms. Messick reported on the potential revenue generation from a paid parking program, along
with the investment in equipment. She reported on other cities' practices and that their specific
programs to address downtown parking included businesses purchasing parking for their
employees and/or City residents purchasing passes to park without having to put money in
meters.
Councilmember Smith reported on additional proposed solutions:
. Construction of a parking structure.
. Joint-use of privately-owned parking lots.
. Consolidation and re-design of public/private parking lots.
. Establish a Business Improvement District to fund business-related improvements.
. Institute a shuttle service from outlying lots.
Councilmember Smith stated that as a result of the collaboration, the publication titled Map to
Shopping, Dining, Services and Public Parking Destinations in Old Town Orange had been
created and feedback has been positive regarding its effectiveness. She reported that the next
step would be to conduct an outreach to all downtown businesses to collect input. She asked
for Council direction to staff to solicit feedback, investigate solutions provided through
feedback, retool current permit parking program, conduct further analysis of a paid parking
program, and look into a more efficient use of existing downtown spaces.
Council suggestions included looking at other parking configurations such as head-in diagonal
parking; more study needed for paid parking lots; and encouraging public/private partnerships
for parking lots.
Responding to Council questions, Councilmember Smith stated that some of the prime spaces
are taken by students who could be parking in the free lots designed for all day stay; residents
would receive consideration to park near their residence; and parking meters are expensive to
maintain and can be intrusive-preferring the newer technology available at kiosks. It was
noted that consideration of the recent Orange County Transportation Authority (OCT A) funds
for parking at the train station be explored as part of possible solutions.
Off Agenda Item -
Councilmember Bilodeau reported that Mayor pro tem Dumitru had recently been awarded the
2007 Local Elected Official of the Year Award from the Orange County Republican Party.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
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7. ADMINISTRATIVE REPORTS
7.1 Report from Finance Director - Master Schedule of Fees and Charges. (Continued
from December 11,2007) (C2500.J.1.0.1)
SUMMARY: This resolution approves the revision of the Master Schedule of Fees and
Charges based upon the results of an independent, outside fee update performed by
M uniF inancial.
Discussion - Finance Director Rich Jacobs summarized the fee changes and reported on two
proposals received in connection with the adoption of the master schedule. He reported that
the Building Industry Association requested the City collect Development Impact Fees at the
time of issuance of the Certificate of Occupancy rather than when the building permits are
pulled.
Mr. Jacobs also reported that the Apartment Owners Associations have proposed that the
Annual Fire Apartment Inspection fee be changed to $25 per dwelling unit and cap the fee at
$1,950 for apartment complexes with 78 or more units.
Speakers -
Ray Grangoff, Apartment Association of Orange County
Bryan Starr, Building Industry Association of Orange County
Mayor Cavecche proposed a change to allow the fee for Vehicle ID verification to include
verification of up to three vehicles at the same time for non-dealers.
RESOLUTION NO. 10250
A Resolution of the City Council of the City of Orange Amending the Master Schedule of Fees
and Charges for Various Services and the Rental of Rooms and Equipment.
MOTION - Bilodeau
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Bilodeau
NOES - Dumitru
Moved to adopt Resolution No. 10250; with a revision to the fee for Vehicle ID verification to
allow verification of up to three vehicles at the same time for non-dealers.
NOTE: With Council concurrence, Mayor Cavecche directed staff to bring forward a proposal
on the payment of development impact fees.
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8. REPORTS FROM CITY MANAGER
8.1 Adoption of the City's Strategic Plan. (C2500.A.2)
SUMMARY: Approximately nine months ago, the City began a comprehensive strategic
planning effort. The purpose of such a plan is to define the purpose of the organization,
establish realistic goals and objectives, present a vision of success that will guide the ongoing
direction of the organization, and help to ensure the most effective use of City resources by
focusing the resources on the key priorities. The preparation of the plan has included extensive
involvement from the City Council, City Manager, Department Directors and many
representatives from all City departments. As part of this effort, several staff workshops were
conducted and two City Council Study Sessions were held. The result of this effort is a Draft
Strategic Plan that is ready for consideration for adoption by the City Council.
Discussion - Senior Assistant to the City Manager Rick Otto reported that the proposed
Strategic Plan is aimed toward the city organization and how services are provided to
businesses, residents and visitors; noting that the General Plan defines the community plan.
Community Development Director Alice Angus presented the process followed in preparing
the plan.
Library Director Nora Jacob presented the plan's Mission Statement, Vision Statement,
Values, and the Goals and Objectives.
Community Services Director Marie Knight reported that the next step after Council adoption
would be to roll out the plan to the organization (City staff) and then the community.
Council acknowledged and thanked staff for their efforts in developing the plan and preparing
this document.
MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to adopt the Strategic Plan.
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8. REPORTS FROM CITY MANAGER (Continued)
8.2 Day Laborer Update. (U1100.0)
City Manager John Sibley reported that the solicitation ordinance went into effect on January
11, 2008. He stated the city had received numerous comments from the community on its
immediate positive effects and expressing gratitude to Council for taking steps in addressing
the issue.
Police Chief Gustafson reported that the laborer counts at the most popular areas of
congregation: Albertson's, the two Home Depot locations, and the 7-11 Store on Katella are
all down, with the numbers increasing at the Resource Center. He also reported his staff has
made arrests of 13 laborers and 2 employers in enforcing the new code. In addition, he
reported that contacts and warnings have increased, as well as arrests for other non-OMC
violations.
Chief Gustafson, addressing a question from Councilmember Bilodeau, clarified that the
arrests resulted in the persons with no identification being taken to the station, while some
were just cited.
Mayor pro tem Dumitru rode along with the officers on the first day of the ordinance being in
effect, and stated that the business owners were supportive and appreciative of the action taken.
Chief Gustafson stated he had heard reports that certain businesses have seen an increase in
customer base and profits as a result of the new law. He also stated that an occasional sting
would occur to minimize costs of enforcement. He noted that time will reveal the overall
adequacy of staffing levels.
Mayor Cavecche noted that with only one officer dedicated to the program there may be a need
for backup; and suggested that if there is any slippage in the enforcement numbers, she would
like to see additional enforcement coverage.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 2-08 (SECOND READING) (A2500.0 Density Bonus)
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 - Dumitru
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 02-08 be read by title only and same was approved and adopted by
the preceding vote.
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January 22,2008
9. LEGAL AFFAIRS (Continued)
9.2 RESOLUTION NO. 10251 (A4000.0 App-0523-07)
A Resolution of the City Council of the City of Orange Upholding Appeal 0523-07, Approving
Conditional Use Permit No. 2671-07 to allow an Alcoholic Beverage Type 41 (On-Sale Beer
and Wine for a Bona Fide Public Eating Place) License for an existing Restaurant located at
3533 Chapman Avenue, Unit C.
Applicant: Bagel Me! Corporation
MOTION - Dumitru
SECOND - Murphy
AYES - Murphy, Dumitru, Bilodeau
NOES - Smith, Cavecche
Moved to adopt Resolution No. 10251.
10. PUBLIC HEARINGS
10.1 JOB CENTER REGULATIONS. (U1100.0 Ord-23-07)
TAPE 3800
Time set for public hearing to consider an amendment to the Orange Municipal Code adding
Special Use Regulations for Job Centers.
Discussion - City Attorney David DeBerry provided a staff report, stating that this ordinance
provides for private property owners to establish a job center with a Conditional Use Permit to
regulate five or more persons congregating on the property for purposes of soliciting employment.
He noted that when the Planning Commission reviewed the ordinance, they made two minor
changes: Job seekers cannot congregate in parking spaces required for the business operations,
and the job centers are required to comply with State and Federal laws. He stated that the
conditions being placed on the job centers are not burdensome and address the specific complaints
that had been received from the community.
THE MAYOR OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
ORDINANCE NO. 23-07 (FIRST READING)
An Ordinance of the City Council of the City of Orange amending Chapter 17.30 of Title 17 of
the Orange Municipal Code adding Special Use Regulations for Job Centers.
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 23-07 be read by title only and same was set for second reading by
the preceding vote.
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CITY COUNCIL MINUTES
January 22,2008
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
12. RECESS TO CLOSED SESSION
The City Council recessed to a Closed Session at 6:40 p.m. for the following purposes:
a. Public Employee Performance Evaluation pursuant to Government Code
Section 54957.
Title: City Manager
b. Conference with Real Property Negotiators pursuant to Government Code
Section 54956.8:
Property:
City Negotiator:
Negotiating Parties:
Under Negotiation:
Property:
City Negotiator:
Negotiating Parties:
Under Negotiation:
105 S. Water
John Sibley, Jim Reichert, Rick Otto
City and Citywalk Development Company
Terms
206 S. Center
John Sibley, Rick Otto
City and unknown party at this time
Price and terms
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.
13. ADJOURNMENT
The City Council adjourned at 9:00 p.m. in memory of Bea Vega, long time Orange resident
and community volunteer.
There is no 7:00 p.m. session scheduled for the January 22, 2008 Council Meeting.
The next Regular Council meeting is scheduled for February 12,2008.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of January 22, 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.
~~
E. MURPH
(;. CITY CLERK
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