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5/13/2008 - Council Minutes - CC Minutes Reg Meeting APPROVED BY THE CITY COUNCIL ON MAY 27, 2008 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING May 13, 2008 The City Council of the City of Orange, California convened on May 13, 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 Father Christopher Smith, Diocese of Orange at Marywood 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 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Recognition of Rancho Santiago Community College District Model United Nations Students. Presentation from Orange Firefighters Association and City of Orange Police Association to Orange Sister Cities Association. Recognition of City Employee Patti VanVoorst, recipient of the National Management Association Southern California Area Member of the Y ear Award. Proclamation recognizing Public Works Week. Presentation from Community Foundation - recognizing participants of the Foundation Games. Announcements - . OTP A Awards received by the City of Orange . Fundraising events to benefit the Orange High School Vocal Music European Concert Tour . Mayor Cavecche named as the California Transportation Foundation 2007 Elected Official of the Year 2. PUBLIC COMMENTS - None. Page I CITY COUNCIL MINUTES May 13, 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 April 17 and 24, 2008. ACTION: Approved. 3.2 Request approval of City Council Minutes, Regular Meeting April 22, 2008 and Adjourned Regular Meeting April 29, 2008. (C2500.D.4) ACTION: Approved. NOTE: Councilmember Bilodeau abstained on the minutes of April 22, 2008 due to his absence at the meeting. 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 Grijalva Park at Santiago Creek Gymnasium/Sports Center Project. (A2100.0 Agr-5276) SUMMARY: This agreement authorizes a consultant to provide special inspections and material testing for the Grijalva Park at Santiago Creek Gymnasium/Sports Center Project. ACTION: Approved agreement with Koury Engineering & Testing, 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: 551-7021-481200-1606 (Grijalva Park Gymnasium/Sports Center Project) $90,000 Page 2 CITY COUNCIL MINUTES May 13,2008 3. CONSENT CALENDAR (Continued) 3.5 County of Orange Proposition 1B Agreement No. D08-038 for the Santiago Creek Bike Trail Project from Collins Avenue to Cannon Street. (A2100.0 Agr-5277) SUMMARY: The proposed agreement is required by the County of Orange for participation in Proposition 1B Program funding for the Santiago Creek Bike Trail from Collins Avenue to Cannon Street. ACTION: Approved Agreement No. D08-038 and authorized the Mayor and City Clerk to execute on behalf ofthe City. FISCAL IMPACT: Funding is intended to cover 100% of all costs to design, acquire right-of-way, and construction. Any allocations not expended by June 30, 2011 shall be returned to the County of Orange. BIDS 3.6 Bid No. 078-59; SP-3638; Annual Slurry Seal at Various Locations 2007-08. Approval of plans and specifications, and request for authorization to advertise for bids. (S4000.S.7) SUMMARY: Plans and specifications have been completed for the annual street maintenance slurry seal at various City streets and parking facilities. The project is ready to be advertised for bids. The estimated construction cost is $650,000. ACTION: Approved plans and specifications and authorized advertising for bids for the FY 2007-08 Annual Slurry Seal at Various Locations. FISCAL IMP ACT: Funds will be available in the following accounts: 500-5021-481105-4997 (Municipal Parking Lot Maintenance) 500-5011-483300-3120 (Local Street Maintenance) $238,637.00 $678,366.51 Page 3 CITY COUNCIL MINUTES May 13,2008 3. CONSENT CALENDAR (Continued) 3.7 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. Karen George b. Bernardo Godoy c. Charlene Pryor d. David D. Soto e. Douglas Walton f. John D' Agostino g. Kathleen D' Agostino ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. DONATIONS 3.8 Accept donation from Orange City Mills LP for the purchase of Police Chief's Medal display cases. (C2500.K) SUMMARY: Orange City Mills LP has donated $500 for the purchase of Police Chief s Medal display cases. ACTION: Accepted the donation of $500 from Orange City Mills LP for deposit into revenue Account 100-4001-293900 (General Fund-Office of The Chief); and appropriated the $500 to Account 100-4001-441600 (General Fund-Office of the Chief- Miscellaneous Materials and Supplies) for the purchase of the display cases. FISCAL IMPACT: None. RESOLUTIONS 3.9 RESOLUTION NO. 10282 (C2500.M.16.1) A Resolution of the City Council of the City of Orange approving Lot Line Adjustment No. LL 2007-05 adjusting lot lines of certain real properties situated at 206 N. Manchester Avenue in the City of Orange, County of Orange, State of California. Owner: Olson 737 - Orange 1, LLC ACTION: Approved. Page 4 CITY COUNCIL MINUTES May 13,2008 3. CONSENT CALENDAR (Continued) 3.10 RESOLUTION NO. 10286 (C2500.M) A Resolution of the City Council of the City of Orange expressing appreciation to Roger A. Hohnbaum of the Orange Public Works Department and commending him for over eleven and one-half years ofloyal and dedicated service. ACTION: Approved. 3.11 RESOLUTION NO. 10287 (C2500.M) A Resolution of the City Council of the City of Orange expressing appreciation to Robert Von Schimmelmann of the Orange Public Works Department and commending him for twenty years of loyal and dedicated service. ACTION: Approved. MOTION - Smith SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Councilmember Bilodeau abstained on Item 3.2 due to his absence at the meeting. 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. Page 5 CITY COUNCIL MINUTES May 13,2008 7. ADMINISTRATIVE REPORTS 7.1 Report by Fire Chief - Emergency Medical Services (EMS) System Improvements. (C2500.H) SUMMARY: In January 2007, the Fire Department convened an EMS Task Force to conduct a thorough review / evaluation of the Fire/Rescue/EMS Delivery System. The Task Force was instructed to identify areas in need of improvement, potential solutions and potential funding sources to minimize any potential impact on the General Fund. Discussion - Fire Chief Bart Lewis presented the staff report. He informed Council of the three options that the task force proposed, giving details of a Homeland Security Department Staffing for Adequate Emergency Response (SAFER) grant. He also provided information on staffing, costs and other cities' practices, as well as timeframes on each option. In response to a question from Mayor Cavecche, he stated that potential action on opportunities for increased EMS revenue would be brought to Council after action taken on this item. Greg Lewin, Orange Firefighters Association President, spoke on the Council's commitment to delivery of improved services. He also acknowledged the assistance of many in delivering emergency servIces. Chief Lewis answered questions posed by Council on various aspects of the options presented including: · Ambulance crew providing services v. firefighters · Developing a program to privatize ambulance transport services and/or staffing . A greater revenue flow if staff is employed by City · Greater control over quality of staff if employed by City . Need for a staff captain to manage personnel · Requirement for a nurse educator and options to save on costs . The Paramedic Assessment Unit equipment currently inadequate . Ability of personnel to collect data on patients for faster payment · Advantage of Options 2 and 3 that provide flexibility in timeframes based on economy · Downside of SAFER grant requires City to carry funding burdens too soon · Staffing levels on emergency vehicles for compliance with federal law Council commended Fire Chief Robert Stefano for obtaining the SAFER grant which was the catalyst for review of, and eventual improvements to the delivery of emergency services in the City. Councilmember Smith stated that with the City's growth and increase in traffic it is necessary to look at the efficiency and safety of providing emergency services. She added that the grant came with strings attached, but Option 3 gives flexibility in implementing the program and would allow a four-member engine. Page 6 CITY COUNCIL MINUTES May 13,2008 7. ADMINISTRATIVE REPORTS (Continued) Mayor pro tem Dumitru stated his support for Option 3. He questioned the need for an additional fire captain to manage personnel, but would agree to it if necessary; and did not oppose putting contracted employees in the stations. He added that contracting saves on benefits and City liability issues and that getting the fourth man on the engine would be efficient, save money and decrease response times. Councilmember Murphy noted the challenge is to determine best cost effective solutions without compromising safety; and concurred on the need to move forward and suggested Option 3 was a better investment.. Mayor Cavecche stated that the Council had received a letter from CARE Ambulance Service, Inc., offering their services. MOTION - Murphy SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to receive and file the EMS Task Force Report. MOTION - Murphy SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to direct staff to implement Option No.3 as outlined in the Task Force report - with a 6- and 18-month review of costs brought back to Council; and roll the cost of Option 3 into the FY 08-09 Budget. MOTION - Murphy SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to direct staff to reject the SAFER Grant. Page 7 CITY COUNCIL MINUTES May 13,2008 7. ADMINISTRATIVE REPORTS (Continued) 7.2. Report by Assistant Planning Director - Metrolink Extension Transit Studies for the Cities for Orange and Villa Park. (T2200.1.4) SUMMARY: The City Council continued consideration of the Metrolink Extension Transit study to the first meeting in May 2008. Concerns that were raised at the meeting included further information regarding potential operating costs associated with the proposed shuttlelbus line and the potential for OCT A to operate the proposed bus line as a part of their regular service or as a specialized service line. Discussion - Assistant Community Development Director Ed Knight gave the staff report, stating that definitive information on operating costs and conclusions on many of the items with the program have not been received; and the City may have to generate funds to cover costs of Steps 3 and 4 projects. MOTION - Cavecche SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to: I) Receive the final report and direct staff to forward the report to Orange County Transit Authority (OCTA); and 2) Direct staff not to submit for Step 2 funding. 8. REPORTS FROM CITY MANAGER 8.1 Fiscal Year 08-09 Proposed Budget Update. (C25600.J.1.1) Discussion - City Manager John Sibley reported the FY 08-09 budget to be considered in June is a balanced budget; but that FY 09-10 budget could be approximately $5 million in the red due to sales tax revenue decreases. He informed of the immediate steps that have already been taken - spending has been cut, the filling of vacant positions is on review and Department Directors tasked with deferring expenses. He added that future capital projects not yet underway may have to be postponed, and stated that constant monitoring of the budget and expenditures is occurring. Councilmember Bilodeau asked that additional options for cutting expenditures be brought to Council. Mayor Cavecche stated that since staffing is the largest percentage of the budget, additional review of services and salaries had to be considered. She asked that the City Manager's Office, Finance Department and Department Directors work together to review all vacant non- safety positions to address closing the gap. She also asked for a list of the CIP projects removed from the FY 09-10 budget, and that an update be given, either in Council briefings or at the May 27 Council meeting, prior to the June 10th budget hearing. Page 8 CITY COUNCIL MINUTES May 13,2008 8. REPORTS FROM CITY MANAGER (Continued) Councilmember Murphy spoke to the setting aside of reserves for projects; leaving options open with a critical review; and suggested that money to be received from a court case could be used to transition the EMS system. City Manager John Sibley stated staff will continue to review the budget and brief the Council and will bring back additional options and a policy on vacant positions. 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 9-08 (SECOND READING) (A2500.0 Ord-09-08 Speed limits) An Ordinance of the City Council of the City of Orange amending Section 10.14.050 of Chapter 10.14 of the Orange Municipal Code pertaining to speed limits. (Manchester Avenue) MOTION - Bilodeau SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 9-08 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 11. RECESS TO CLOSED SESSION The City Attorney reported a need to add an item to the Closed Session discussion. MOTION - Murphy SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that there is a need to take immediate action on the following item, and the need to take action came to the attention of the City after the posting of the agenda. Conference with Legal Counsel - anticipated litigation pursuant to Government Code Section 54956(a) - one potential case. Page 9 CITY COUNCIL MINUTES May 13,2008 11. RECESS TO CLOSED SESSION (Continued) The City Council recessed at 6:40 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 Legal Counsel - anticipated litigation pursuant to Government Code Section 54956(a) - one potential case. b. 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 ZONE CHANGE 1238-06, MINOR SITE PLAN REVIEW NO. 422-05, ADMINISTRATIVE ADJUSTMENT NO. 158-06, DESIGN REVIEW COMMITTEE NO. 4047-05, AND NEGATIVE DECLARATION NO. 1797-07 STEVE RICHARDSON. (ZI500.0 ZCG-1238-06) Time set for Public Hearing to consider a request for Zone Change in order to construct a new infill garage and office on a site consisting of two lots with two different zoning designations at property located at the northern parcel of 419 South Glassell Street. Discussion - Community Development Director Alice Angus gave the staff report. MAYOR CA VECCHE OPENED THE PUBLIC HEARING Speaker - Kimm Richardson, applicant, stated that he has owned the site since 1974 and is seeking to add a garage/office for a general contracting business. He clarified for Councilmember Smith that there are two trees onsite, one will remain and one will be removed. He also confirmed that he is familiar with all the conditions included as part of the approval. MAYOR CA VECCHE CLOSED THE PUBLIC HEARING In response to a question by Councilmember Smith, Mrs. Angus stated that the floor area ratio (FAR) in the Old Towne area is .5 and that the FAR for this building design is .29. She added that the proposed garage is not considered to be two-story. Page 10 CITY COUNCIL MINUTES May 13, 2008 13. PUBLIC HEARINGS (Continued) Councilmember Smith stated that the proposed building is misleading from the project description; that it is a garage, not a residence, but yet is proposed to look like a residence. She suggested there are great examples and a history of carriage houses and barns; and stated that for future projects, buildings should be designed to look like what they are purposed for and should reflect the use of the building. RESOLUTION NO. 10283 A Resolution of the City Council of the City of Orange approving Negative Declaration No. 1797-07, Minor Site Plan Review No. 422-05, Design Review Committee No. 4047-05, and Administrative Adjustment No. 158-06, in order to construct a new in-fill office and garage on the property located at 419 South Glassell. Applicant: Steve Richardson MOTION - Murphy SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to approve Resolution No. 10283. ORDINANCE NO. 10-08 (FIRST READING) An Ordinance of the City Council of the City of Orange approving the reclassification of property located at the northern parcel of 419 South Glassell Street from C-I (Limited Business District) to OP (Office Professional). Zone Change 1238-06 - Applicant: Steve Richardson MOTION - Murphy SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 10-08 be read by title only and same was set for second hearing by the preceding vote. Page 11 CITY COUNCIL MINUTES May 13,2008 14. PLANNING AND ENVIRONMENT 14.1 APPEAL OF THE CITY TRAFFIC COMMISSION'S ACTION DENYING THE REMOVAL OF HANDICAPPED PARKING SPACE AT 916 N. LAUREL DRIVE. (A4000.0) Request to consider an appeal of the February 13, 2008 City Traffic Commission's action denying a request to remove the handicapped parking space in front of 916 N. Laurel Drive. (Item continued from April 22, 2008.) Discussion - Public Works Director Gail Farber gave the staff report, stating that there had been an error in noticing the first hearing by the Traffic Commission. Council discussed the noticing requirements for hearings. City Attorney David DeBerry stated that noticing requirements are based on the type of hearing, and that for Traffic Commission items, noticing the immediate neighbors is sufficient. Councilmember Murphy asked that noticing requirements be addressed in the future, rather than rely on judgment calls. Councilmember Smith clarified with staff that a condition of approval for the handicapped curb designation was that the applicant construct a cement pad to facilitate loading. Speaker - John Marzetti, appellant, stated that he lives across the street from the applicant. He found out from a neighbor who installed the cement pad in October 2007 that the handicap parking space at the curb would be painted the next month. He added that 12 of the 16 residents on the cul-de-sac oppose the handicapped zone, and that it is an eyesore from his front window. Mr. Marzetti, responding to Council questions, stated that the blue zone is not only a visual problem, but that he felt his neighbor's need for the space was unwarranted; and that prior to the space being installed, ifhis curb was blocked, he would park across the street. Speaker - Debbie Wagner, applicant, stated that she has had a degenerative condition in her back for 14 years which continues to worsen. She stated that she has lived in the home since 1994, and that prior to the handicap space installation, the Marzetti's had parked in front of her home despite the curb being available in front of their home; and that the Police have been called from time-to-time. She added that the Americans with Disabilities Act requires municipalities to accommodate handicapped individuals. In response to a question from Mayor Cavecche, Ms. Wagner indicated that she is able to make the turn at the end of her cul-de-sac to park in the space without having to turn her head beyond her range of motion. Council asked staff to look into the legality of having the painted curb without the handicap parking sign. Page 12 CITY COUNCIL MINUTES May 13, 2008 14. PLANNING AND ENVIRONMENT (Continued) MOTION - Dumitru SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to deny the appeal and uphold the decision of the Traffic Commission to not remove the handicapped parking space at 916 N. Laurel Drive. 15. ADJOURNMENT - The City Council adjourned at 8:50 p.m. The next Regular City Council meeting is scheduled for May 27, 2008. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of May 13, 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. MURPHY CITY CLERK Page 13