4/8/2008 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON APRIL 22, 2008
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
April 8, 2008
The City Council of the City of Orange, California convened on April 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 Pastor Rick Zeiger, Saddleback Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tem Jon Dumitru
1.3 ROLL CALL
PRESENT -
ABSENT -
Smith, Murphy, Cavecche, Dumitru, Bilodeau
None
1.4 PRESENTATIONS/ ANNOUNCEMENTS! INTRODUCTIONS
Recognition of the Orange, Orange North and Orange Sunrise Rotary Clubs 34th
Annual Police and Fire Awardees.
Councilmember Bilodeau introduced his cousin, Canadian Army Trooper Laurent
Proulx, visiting the City while on leave from serving in Afghanistan.
2. PUBLIC COMMENTS
Robert Adams, spoke about a raid on a medical marijuana dispensary business.
Herbert Papenfuss, spoke about a raid on a medical marijuana dispensary business.
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CITY COUNCIL MINUTES
April 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 March 20 and 27, 2008.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of March 25, 2008
and Adjourned Regular Meeting of April 1, 2008. (C2500.D.4)
ACTION:
Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
(REMOVED AND HEARD SEPARATELY)
3.4 Investment Oversight Committee Report for the period ending January 31, 2008.
(ORI800.0.27.16.1)
Mayor Cavecche requested Council be given the report on pre-paying outstanding debt.
MOTION - Cavecche
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ACTION: Received and filed.
AGREEMENTS
3.5 Award of Consultant Services Agreement to RRM Design Group for Engineering
Design Services for the new Fire Headquarters Project. (A2100.0 Agr-5258)
SUMMARY: On February 19, 2008 the City received three proposals from qualified
firms for the performance of design services for the new Fire Headquarters. After
reviewing and ranking the proposals and interviewing all three firms RRM Design
Group has been selected for an amount not to exceed $875,000.
NOTE: Staff requested this item be continued to April 22, 2008.
ACTION: Continued to April 22, 2008.
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CITY COUNCIL MINUTES
April 8, 2008
3. CONSENT CALENDAR (Continued)
3.6 First Amendment to Consultant Services Agreement for Merit Civil Engineering,
Inc. to provide additional professional services for the design of Jewell Place and
Maple Avenue Sewer Improvements. (A2100.0 Agr-5208.1)
SUMMARY: In December 2007, the City of Orange entered into a contract with Merit
Civil Engineering, Inc. for the design of sewer improvements along Maple Avenue and
on an easement off Jewell Place. Amendment No.1 provides for redesign to extend the
sewer main 600 feet.
ACTION: Approved Amendment No.1 to the Consultant Services Agreement with
Merit Civil Engineering and increase the amount by $7,060 and authorize the Mayor
and City Clerk to execute Amendment No. I on behalf of the City.
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and are
available in the following account:
310-9645-483200-5506 (CDBG - Jewell and Maple Sewer Replacement) $143,000
3.7 Award of Professional Services Agreement for Utility Services and Business
License Statement Printing and Mailing Services. (A2100.0 Agr-4172.A)
SUMMARY: This agreement authorizes the continued outsourcing of printing and
mailing services for the Utility Services Division and General Revenue Division of the
Finance Department with DataProse, Inc. Staff recommends signing a five year contract.
ACTION: Approved the agreement with DataProse, Inc. for printing and mailing
services in an amount not to exceed $65,000 and authorized the Mayor and City Clerk
to execute the agreement on behalf of the City.
FISCAL IMPACT: Sufficient funds are budgeted in Account 600-1222-427601
(Utility Billing Printing and Binding) and in Account 100-1221-427601 (General
Revenue Printing and Binding).
BIDS
3.8 Bid No. 078-50; Approval of plans and specifications, and request authorization to
advertise for bids for construction of Community Development Block Grant
(CDBG) Fiscal Year 2007-08 Street Rehabilitation Projects: Park Central Avenue
1 and 2, Park Hyde Street, El Rancho Avenue, Fondren Street, and Park Griffith
Avenue (SP-3626). (S4000.S.7)
SUMMARY: Plans and specifications have been completed for the street rehabilitation
of Park Central Avenue 1 and 2, Park Hyde Street, EI Rancho Avenue, Fondren Street,
and Park Griffith Avenue, under the CDBG FY 07-08 Program. The project is ready to
be advertised for bids. The total estimated construction cost including contingencies
and construction engineering (15%) is $450,000.
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CITY COUNCIL MINUTES
April 8, 2008
3. CONSENT CALENDAR (Continued)
ACTION: Approved plans and specifications and authorized advertising for bids for
the CDBG FY 07-08 Street Rehabilitation Projects.
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and are
available in the following account:
310-9645-483300-3064 (Park Central Avenue 1 Reconstruction)
310-9645-483300-3065 (Park Central Avenue 2 Reconstruction)
310-9645-483300-3066 (Park Hyde Street Overlay)
310-9645-483300-3067 (EI Rancho Avenue Overlay)
310-9645-483300-3068 (Fondren Street Overlay)
310-9645-483300-3069 (Park Griffith Avenue Overlay)
$
$
$
$
$
$
Total $
190,000
55,000
70,000
75,000
80,000
17.000
487,000
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. Scott Whitacre
b. Farmers Insurance - subrogee of Joey Tilocco
c. Rachel Castillo
d. Mercury Insurance - subrogee of R.A.R. MachinelDuff
e. Amit Utamchandani
ACTION: Denied claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.10 Award of Contract - Bid No. 078-36; Project No. SP-3639; Community
Development Block Grant (CDBG) Project - Americans with Disabilities Act
(ADA) Wheelchair Access Ramps at Various Locations, Fiscal Year 2007-08.
(A2100.0 Agr-5259)
SUMMARY: Bids for ADA Wheelchair Access Ramps at Various Locations, Fiscal
Year 2007-08 were received and opened on March 6, 2008. Twelve bidders responded
to the Notice Inviting Bids. The apparent low bidder is FS Construction of Sylmar, CA
for $136,500. The Engineer's Estimate is $161,000 including contingencies and
construction engineering.
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CITY COUNCIL MINUTES
April 8, 2008
3. CONSENT CALENDAR (Continued)
ACTION: 1) Transferred $45,000 from 310-9645-491300-1070 (CDBG Contingency
Fnd) to 310-9645-483300-1328 (ADA Ramp Improvements); and 2) Awarded the
contract in the amount of $136,500 to FS Construction and authorized the Mayor and
City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds will be available upon transfer in the Capital Improvement
Program in the following account:
310-9645-483300-1328 (CDBG - ADA Ramps Improvements) $ 175,470
3.11 Award of Contract - Bid No. 078-35; SP-3637; Annual Street Maintenance
Asphalt Concrete Overlay at Various Locations, Fiscal Year 2007-08. (A2100.0
Agr-5260)
SUMMARY: Bids for Annual Street Maintenance Asphalt Concrete Overlay were
received and opened on March 13, 2008. Seven bidders responded to the Notice
Inviting Bids. The apparent low bidder is R.J. Noble Company for $3,083,075.00.
ACTION:
1) Transferred $15,318.74 from Account 262-5011-483300-3112 and 262-5021-
483300-3112 (Arterial Street Maintenance) Project Savings to 262-5011-483300-3120
(Pavement Management Program);
2) Transferred $4,227.84 from Account 272-5011-481105-3116 (TCR Highway
Maintenance) Project Savings to 272-5011-483300-3120 (Pavement Management
Program);
3) Awarded the contract in the amount of $3,083,075.00 to R.J. Noble Company,
Orange, CA 92856 and authorize the Mayor and City Clerk to execute on behalf of the
City;
4) Approved a Contract Change Order No. 1 in the amount of $800,000 to R.J. Noble
Company for additional streets;
5) Authorized the City's Director of Public Works to approve and execute any contract
change orders deemed necessary and appropriate during the course of construction in
the amount, in the aggregate, of 10% of the original contract amount for project
contingency.
FISCAL IMP ACT: Upon transfer and appropriation, funds are budgeted and available
in the following account:
940-5011-483300-3120
272-5011-483300-3120
262-5011-483300-3120
340-5011-483300-3120
500-5011-483300-3120
(Orange Merged Capital Project)
(Pavement Management Program)
(Pavement Management Program)
(Traffic Congestion Relief - Prop. IB)
(Capital Projects)
$ 500,000.00
$ 4,227.84
$ 50,000.00
$2,582,527.01
$1.474.686.66
$ 5,411,441.51
Total
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CITY COUNCIL MINUTES
April 8, 2008
3. CONSENT CALENDAR (Continued)
3.12 Award of Contract - Bid No. 078-43; Project No. SP-3571, Arterial Highway
Rehabilitation Program (AHRP) Project - Prospect Street Rehabilitation from
Chapman Avenue to Bond Avenue. (A2100.0 Agr-5261)
SUMMARY: The bids were opened on March 20,2008. Five bidders responded to the
invitation for bids. The apparent low bidder is Hardy & Harper, Inc. of Santa Ana for
$619,000. The Engineer's Estimate including contingencies and construction
engineering is $711,850.
ACTION: Awarded the contract in the amount of $619,000.00 to Hardy & Harper,
Inc., and authorized the Mayor and City Clerk to execute on behalf ofthe City.
FISCAL IMP ACT: Funds are budgeted and available in the following accounts:
550-5011-483300-3055 (AHRP Prospect Street Rehabilitation) $ 530,000
272-5011-483300-3055 (Gas Tax Prospect Street Rehabilitation) $ 630,000
(REMOVED AND HEARD SEPARATELY)
3.13 Award of Contract - Bid No. 078-48; Asbestos and Lead Abatement and
Removals, and Demolition of Residential Houses on Cannon Street (SP-3646).
(A2100.0 Agr-5262)
SUMMARY: Bids for the Asbestos and Lead Abatement and Removals, and
Demolition of Residential Houses on Cannon Street were received, and opened on
March 24, 2008. Nine bidders responded to the Notice Inviting Bids. The apparent
low bidder is Vizion's West, Inc. of Quail Valley, CA in the amount of $57,110. The
Engineer's Estimate is $75,000 including contingencies and construction engineering.
Discussion - At the request of Mayor Cavecche, Roger Hohnbaum, Public Works
Deputy Director, reported on the extensive outreach and ongoing discussions staff has
had with the surrounding neighborhood and nearby school.
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ACTION: Awarded the contract in the amount of $57,110 to Vizion's West, Inc. and
authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and are
available in the following account:
550-5011-483300-3427 (Developer Contribution) $1,757,852.00
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CITY COUNCIL MINUTES
April 8, 2008
3. CONSENT CALENDAR (Continued)
3.14 Award of Contract - Bid No. 078-34; Community Development Block Grant
(CDBG) Projects - Fairway Drive and Fashion Park Street Reconstruction (SP-
3628). (A2100.0 Agr-5263)
SUMMARY: Bids for the CDBG Fairway Drive and Fashion Park Street
Reconstruction were received and opened on March 13, 2008. Seven bidders
responded to the Notice Inviting Bids. The apparent low bidder is All American
Asphalt of Corona, CA in the amount of $294,336. The Engineer's Estimate is
$349,000 including contingencies and construction engineering.
ACTION: Awarded the contract in the amount of $294,336 to All American Asphalt
and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and are
available in the following accounts:
310-9645-483300-3070 (CDBG Fairway Drive Reconstruction) $264,402
310-9645-483300-3071 (CDBG Fashion Park Street Reconstruction) $ 92,000
3.15 Award of Contract - Bid No. 078-46; Project No. SP-3619A; Soil Remediation,
Backfilling, Compacting and Grading at 125 S. Water Street, Orange (Fire
Headquarters Site). (A2100.0 Agr-5264)
SUMMARY: Bids for the Soil Remediation, Backfilling, Compacting and Grading at
125 S. Water Street (Fire Headquarters Site) were received and opened on March 17,
2008. Six bidders responded to the Notice Inviting Bids. The apparent low bidder is
Encon Technologies, Inc. in the amount of $44,550.
ACTION: Awarded the contract in the amount of $44,550 to Encon Technologies,
Inc., Santa Fe Springs, CA 90670 and authorized the Mayor and City Clerk to execute
on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and available in the following account:
500-3021-481105-2977 (Fire Station No.1) $1,230,821
3.16 Final Acceptance of Bid No. 078-15 - SP-3619; Asbestos and Lead Abatement and
Removals, and Demolition of Buildings at 125 and 145 South Water Street,
Orange. (No staff report required). (A2100.0 Agr-5179)
SUMMARY: Bid No. 078-15; SP-3619; Asbestos and Lead Abatement and Removals,
and Demolition of Buildings at 125 and 145 South Water Street, Orange. Staff
recommends acceptance of improvements. The contractor on said job was Interior
Demolition, Inc.
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CITY COUNCIL MINUTES
April 8, 2008
3. CONSENT CALENDAR (Continued)
ACTION: Accepted public work improvements, authorized release of Contractors Bonding
and Insurance Company of Washington, Bond No. CE 8669 in the amount of $42,220.00.
FISCAL IMPACT: None.
3.17 Final Acceptance of Bid No. 067-33; SP-3586; Civic Center Emergency Power
Generator (No staff report required). (A2100.0 Agr-5055)
SUMMARY: Bid No. 067-33; SP-3586; Civic Center Emergency Power Generator.
Staff recommends acceptance of improvements. The contractor on said job was
Kincaid Enterprises, Inc. DBA American Electric Company.
ACTION: Accepted public work improvements, authorized release of Insurance
Company of the West, Bond No. 2209051 in the amount of$190,000.00 and authorized
the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
3.18 Final Acceptance of Bid No. 067-50 - SP-3580; Civic Center Re-Roofing (No staff
report required). (A2100.0 Agr-5088)
SUMMARY: Bid No. 067-50; SP-3580; Civic Center Re-Roofing. Staff recommends
acceptance of improvements. The contractor on said job was Exbon Development, Inc.
ACTION: Accepted public work improvements, authorized release of American
Contractors Indemnity Company, Bond No. 1000769656 in the amount of$168,560.00
FISCAL IMPACT: None.
PURCHASE
3.19 Authorize the purchase of approximately 304 King Palm trees through a
Cooperative Purchasing Agreement from The Home Depot for the Arterial Street
Tree Replacement Program (Capital Improvement Project No. 4899) for Fiscal
Years 07-08 and 08-09. This will complete the Tustin Street portion of the project.
(C2500.M)
SUMMARY: A request that the City Council authorize the purchase of 304 King Palm
trees through a Cooperative Purchasing Agreement in the amount of$97,533.22.
ACTION: Authorized the purchase of 304 King Palms through GSA Cooperative
Agreement No. GS-06F-0052N from The Home Depot in the amount of $97,533.22.
FISCAL IMP ACT: Funds are budgeted and available in the following account:
220-5022-483300-4899 (Arterial Street Tree Replacement Program) $97,533.22
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CITY COUNCIL MINUTES
April 8, 2008
3. CONSENT CALENDAR (Continued)
3.20 Purchase of 11 Automatic External Defibrillators (AEDs) on a sole source basis.
(C2500.H)
SUMMARY: Authorize purchase of 11 AEDs, in the amount of $42,301.30, plus
Freight charges (7.75% tax is included).
ACTION: Authorized contract purchase of 11 AED Pro's from Zoll Medical Corporation.
FISCAL IMPACT: Funds are available in Account 120-3021-481302-2530.
RESOLUTIONS
3.21 RESOLUTION NO. 10277 (OR1800.0.27.16.2)
A Resolution of the City Council of the City of Orange Amending its Statement of
Investment Policy for Fiscal Year 2007-08, Approving and Adopting a Statement of
Investment Policy for Fiscal Year 2008-09, and Delegating Investment of Orange
Redevelopment Agency funds to the Treasurer of the City of Orange.
(See related Redevelopment Agency Minutes Item 3.3)
ACTION: Approved.
MOTION - Bilodeau
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Item 3.5 was continued to April 22, 2008. Items 3.4 and 3.13 were 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 - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
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CITY COUNCIL MINUTES
April 8, 2008
7. ADMINISTRATIVE REPORTS
7.1 Report by Community Development Director - Comparative analysis of City
parking requirements. (S4000.S.3.1.1)
SUMMARY: The City Council directed staff to prepare a comparative study of the City's
parking requirements in relation to other Orange County jurisdictions to identify possible areas
of deficiency in the Orange Municipal Code.
Discussion - Community Development Director Alice Angus gave the staff report stating that
neighboring cities were surveyed and nationwide parking requirements were reviewed
revealing several uses the City applies a lower standard on.
Councilmember Bilodeau requested that this issue, including parking ratios and parking stall
dimensions, be reviewed by the Planning Commission and their recommendations brought to
Council
MOTION - Bilodeau
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to refer to the Planning Commission for review and recommendations.
8. REPORTS FROM CITY MANAGER
8.1 Mid-Year Financial Report for the period of July 1, 2007 through December 31,2007.
(C2500.E.4)
SUMMARY: Every year, a report to inform the City Council and the residents of Orange of
the results of the City's financial operations for the first half of the fiscal year is compiled and
presented to the City Council. This report provides an accounting of mid year financial
operations both by department and by fund groups. In a separate Agenda Item,
recommendations are made for specific budget adjustments and appropriation increases for the
current fiscal year.
Discussion - Senior Assistant to City Manager, Rick Otto gave the staff report, detailing the
shortage to budget projections.
City Manager John Sibley responding to a question by Councilmember Bilodeau, identified
steps being taken to reduce expenditures, including a review of all vacant positions,
curtailment of non-critical spending, Department Head team addressing budget issues, and
continuing to pursue new revenue sources.
Mayor Cavecche asked for a report on the dollar amounts of the cutbacks, with positions and
cost-cutting numbers spelled out, before the end of the fiscal year.
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CITY COUNCIL MINUTES
April 8, 2008
8. REPORTS FROM CITY MANAGER (Continued)
MOTION - Cavecche
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to receive and file.
8.2 Fiscal Year 2007-2008 Mid-Year Budget Adjustments. (C2500.E.4)
SUMMARY: This mid-year report recommends certain appropriation increases and budget
adjustments for the current fiscal year. Information available at the time the FY 08 budget was
being prepared did not suggest a need for increased expenditures or budget revisions. Staff has
made every effort to first identify potential sources of savings within currently budgeted funds
or projects that might appropriately be used to fund the expenditures that are being identified.
Discussion - Senior Assistant to City Manager, Rick Otto gave the staff report.
Councilmember Bilodeau suggested the Council's travel and meeting budget be cut as a way of
leading by example.
Mayor pro tem Dumitru suggested eliminating dues paid to the League of California Cities. It
was noted those dues are paid through the end of the current fiscal year.
Mayor Cavecche clarified with staff that the expense for the Landscape Assessment District
staff person is because the staff person is not one hundred percent dedicated to that District and
requires some general funding. She also requested notification when Office of Emergency
Services reimbursement money is received.
MOTION - Bilodeau
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to approve Items I - 10 and add Item 11 to cut Council's travel and meeting budget.
1. Authorize the appropriation of $55,199 from the unreserved fund balance of the General
Fund as follows:
a. $32,199 to 100-3021-427800-2520 (Metro Net - Fire Dept.)
b. $23,000 to 100-3012-427800 (Plan Check Services - Fire Dept.)
2. Approve an appropriation of $100,000 from the Equipment Expense Fund to 710-5023-
447200 (Fleet Services/Fuel) and authorize staff to adjust the applicable allocation
accounts.
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CITY COUNCIL MINUTES
April 8, 2008
8. REPORTS FROM CITY MANAGER (Continued)
3. Authorize the following appropriations from the unreserved fund balances of the restricted
funds as specified:
a. $99,642 from the Proposition 172 - Safety Fund to 120-3021-471302 (Equipment
Replacement - Fire Dept.);
b. $67,200 from the Communications Equipment Fund to 575-3021-471302 (Equipment
Replacement - Fire Dept.);
c. $150,000 ($75,000 to each account) from the Equipment Expense fund to 710-5023-
447100 (Parts & Supplies/Fleet Services) and to 710-5023-447500 (Outside Motor Vehicle
Repairs/Fleet Services);
d. $25,000 from the OCTA Gas Tax Exchange Fund to 273-5021-446600 (Street
Signs/Markers - Public Works);
e. $38,480 from the Serrano Heights CFD 91-2 and Tremont 2005-1 (accrued interest) to 594-
3021-481105-2977 (New Fire Headquarters);
f. $150,000 from the Orange Merged Capital Project Fund to 940-9800-481105-9191
(Simon/Mills Project); and
g. $526,290 from the Orange Merged Debt Service Fund to 987-9890-464101 for principal
redemption of the 1997 Tustin Taxable Bonds.
4. Authorize the following transfers:
a. $67,000 from 315-9652-485701-1298 (Home Improvement Loan Account) as follows:
$65,000 to 315-9653-427800-1221 (Home Improvement Grant Account) and $2,000 to
315-9652-426702 (Home Improvement Grant Processing Fees);
b. $180,000 from 500-3011-481200-2681 (Fire Station #8) as follows: $80,000 to 500-3021-
481301-2405 (West Net Boxes & Zoning Timers - Fire Dept.) and $100,000 to 500-3011-
481200-2615 (Station 1 Remodel - Fire Dept.);
c. $500,000 from the reservation of General Funds for Quiet Zone Development to 500-5032-
486700-6065 (Quiet Zones/Railroad Crossing Safety) and $248,000 from 550-5032-
483100-6038 (Railroad Crossing Safety Enhancements) to 550-5032-483100-6065 (Quiet
Zones/Railroad Crossing Safety); and
d. $150,000 from the Orange Merged Capital Projects Fund to 987-9890-491201-9191
(Orange Merged Debt Service - Transfer Out for Mills Project).
5. Authorize adjustments to the following budgeted revenues:
a. Reduce the General Fund budgeted estimate for Sales Taxes (100-215100) by $3,000,000;
b. Reduce the General Fund budgeted estimate for Motor Vehicle In-Lieu revenue (100-
262100) by $1,000,000;
c. Increase the General Fund budgeted estimate for Property Tax Revenues (100-211101) by
$1,424,500;
d. Increase the budgeted estimate for Property Tax Revenues in the Orange Merged Housing
Fund (941-212103) by $112,500; and
e. Reduce the General Fund budgeted estimates for Building Revenues for a total of$155,000
as follows:
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CITY COUNCIL MINUTES
April 8, 2008
8. REPORTS FROM CITY MANAGER (Continued)
. $128,774 for Building Permits (100-6031-232100),
. $10,115 for Electrical Permits (100-6031-232300),
. $8,118 for Plumbing Permits (100-6031-232100), and
. $7,993 for Mechanical Permits (100-6031-232350;
6. Authorize the merger of three vacant 19-hour/week Library positions (positions 19,473 and
1857) into one full-time Library Assistant position (1857).
7. Authorize appropriations of the following grants, donations, revenues and/or
reimbursements:
a. $16,270 in OCTA grant funds to 100-6011-426700-9799 (Santa Fe Depot Project);
b. $3,000 in Target Music Grant funds split equally between 100-2017-443101-9936 (Books
& Materials - Library) and 100-2017-426700-9936 (Outside Services - Library);
c. $5,805.66 from the Library Foundation (Charitable Donations) to 100-2001-426700
(Digitization Project);
d. $450,000 from increased property taxes to 987-9890-465400 (Tax Increment Pass Through
Payments);
e. $167,579 in reimbursements from the Office of Emergency Services to 100-3021-412101
(Overtime - Fire Suppression).
8. Authorize the reversal of $33,197 in appropriations from 940-4021-411102 (Police Code
Enforcement) and the appropriation of $33,197 from the Orange Merged Housing Fund to
941-4021-411102 (Police Code Enforcement).
9. Authorize the following budget adjustments as a result of changes in Landscape Assessment
Districts that were made subsequent to the adoption of the FY 08 budget:
a. An appropriation of $32,873 from the unreserved fund balance of the General Fund to 100-
7022-410000 (Salaries & Benefits/Comm. Svcs.);
b. An appropriation of $9,860 from the unreserved fund balance of the Sycamore Crossing
Landscape Assessment District Fund to 293-7024-410000 (Salaries & Benefits/Comm.
Svcs.lSycamore Crossing);
c. The reversal of $39,445 of the appropriation from 291-7026-410000 (Salaries &
Benefits/Santiago Hills Landscape Maint. District); and
d. The reversal of$3,288 of the appropriation from 290-7025-410000 (Salaries & Benefits).
10. Authorize a transfer of $330,730 from the General Fund to the Reimbursable Capital
Projects Fund to backfill for costs of the Santiago Creek Bike Trail that will not be
reimbursed by grants (as previously reported to Council on 7/24/07).
11. Eliminate the City Council Travel Expense Budget.
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CITY COUNCIL MINUTES
April 8, 2008
8. REPORTS FROM CITY MANAGER (Continued)
FISCAL IMPACT:
· Sufficient funds are available in the unreserved General Fund to support the requested
$492,227 in appropriations from the unreserved fund balance of the General Fund.
· All other requests for General Fund expenditure appropriations are offset by revenues that
are either anticipated or already received, or, are funded by the transfer of existing
appropriations or reservations. These adjustments have no fiscal impact.
· Recommended adjustments to budgeted estimates for General Fund revenues net to a
reduction of $2,730,500. This budgetary action will reduce the City's projected General
Fund balance.
· Adjustments to appropriations of Restricted Funds net to $1,050,314. The unreserved fund
balances in each of the restricted funds (from which appropriation increases are requested)
are sufficient to support each appropriation request.
· All other requests for Restricted Fund expenditure appropriations are offset by revenues
that are either anticipated or have already been received, or, are funded by the transfer of
existing appropriations or reservations. These adjustments have no fiscal impact.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 5-08 (SECOND READING) (A2500.0 Ord-05-08 Impact Fees)
An Ordinance of the City Council of the City of Orange Amending Chapters 3.13, 3.40, 3.50,
15.38, 15.41 and 16.60 of the Orange Municipal Code Regulating Payment ofImpact Fees.
MOTION - Cavecche
SECOND - Bilodeau
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 5-08 be read by title only and same was adopted by the preceding
vote.
9.2 ORDINANCE NO. 7-08 (SECOND READING) (A2500.0 Ord-07-08 Business
Disclosure)
An Ordinance of the City Council of the City of Orange Adding Section 5.1O.010F Relating to
Disclosure of Businesses to the Orange Municipal Code.
Discussion - Councilmember Bilodeau stated he would not be supporting this Ordinance as
there should be a more business-friendly way to acquire the necessary information.
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CITY COUNCIL MINUTES
April 8, 2008
9. LEGAL AFFAIRS (Continued)
MOTION - Dumitru
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to continue Ordinance No. 7-08 to April 22, 2008 meeting.
9.3 ORDINANCE NO. 8-08 (SECOND READING) (B5000.0 Santiago Creek Bike Trail)
An Ordinance of the City Council of the City of Orange approving the reclassification of
several strips of land generally located along Santiago Creek from Tustin Street to Walnut
Avenue and on vacant City owned abandoned railroad right of way from Walnut Avenue to
Collins Avenue, from un-zoned to R-O (Recreation Open Space)
Zone Change 1239-06
Applicant: City of Orange
MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 8-08 be read by title only and same was adopted by the preceding
vote.
9.4 RESOLUTION NO. 10278 (A4000.0 APP-0525-08)
A Resolution of the City Council of the City of Orange upholding Appeal No. 0525-08 and
approving Conditional Use Permit No. 2687-07 to allow an Alcoholic Beverage Type 47 (On-
Sale General for a Bona Fide Public Eating Place) license for an existing restaurant location at
1009 North Tustin Street.
Applicant: El Conejo, dba The Taco Company
MOTION - Bilodeau
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to approve Resolution No. 10278.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
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April 8, 2008
11. RECESS TO CLOSED SESSION
The City Attorney reported on a need to discuss a matter during Closed Session regarding the
County's application for State grant funds, part of the grant application being tied to the Theo
Lacy jail.
MOTION - Cavecche
SECOND - Bilodeau
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that there is a need to take immediate action on the item pertaining to Theo Lacy Jail
and the need to take action came to the attention of the City after the posting of the agenda.
The City Council recessed at 5:40 p.m. to a Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Personnel Director Steven Pham / Personnel Manager Mike Harary
Employee Organizations: Fire Management, Fire Union and Top Management
b. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Property: 206 S. Center
City Negotiators: John Sibley and Rick Otto
Negotiating Party: Ricci Family Trust
Under Negotiation: Price and Terms
c. Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code
Section 54956.9(a) - one potential case.
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.
NOTE: It was reported out after Closed Session that the City Council took two actions by a
unanimous vote -
1) To create an ad hoc committee consisting of Mayor pro tem Jon Dumitru and
Councilmember Denis Bilodeau to represent the City's interests with respect to the
County's proposed change to the operations at Theo Lacy jail; and
2) The City Manager was given direction to draft a letter to the California Department of
Corrections, to be signed by all members of the City Council, opposing the use of Theo
Lacy Jail as a re-entry facility for state prisoners on the basis that such an operation
requires the approval of the City.
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CITY COUNCIL MINUTES
April 8, 2008
12. ADJOURNMENT - The City Council adjourned at 7:00 p.m.
There was no 7:00 p.m. session scheduled for the April 8, 2008 Council Meeting.
The next Regular Council meeting is scheduled for April 22, 2008.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of April 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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CITY CLERK
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