5/27/2008 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON JUNE 10, 2008
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
May 27, 2008
The City Council of the City of Orange, California convened on May 27,2008 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 Reverend Olivia Bryan, First Christian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Carolyn Cavecche
1.3 ROLL CALL
PRESENT -
ABSENT -
Smith, Cavecche, Dumitru, Bilodeau
Murphy
1.4 PRESENT A TIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of Resolution from the Orange County State Delegation celebrating the
l20th Anniversary of the City of Orange.
Presentation from the Coalition of Orange County Community Clinics.
Presentation of Proclamation for Management Week in America.
Presentation of Resolution to Roger Hohnbaum upon his retirement.
Presentation of Resolution to Bob Von Schimmelmann upon his retirement.
Presentation of Employee Service Awards.
2. PUBLIC COMMENTS - John Butler, asked how water supplies and alternative
energy sources will be addressed in the proposed East Orange development.
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May 27, 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 May 1 and 8, 2008.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of May 13, 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 April 30, 2008.
(C2500.F)
ACTION:
Approved.
AGREEMENTS
3.5 An Agreement with the County of Orange for the District Attorney's Office to
prosecute violations of the Orange Municipal Code involving juvenile offenders.
(A2100.0 Agr-5280)
SUMMARY: The City of Orange City Attorney's Office prosecutes violations of the
Orange Municipal Code when committed by adults. Historically the District Attorney's
office has prosecuted all crimes involving juvenile offenders; however, they will no
longer do this without a contract for this service. The City Attorney's office does not
have an appropriate level of staffing to perform this function in house. The District
Attorney will perform this service for $202 per prosecution. Based upon past numbers
it is expected the five year cost will not exceed $75,000.
ACTION: Approved agreement with the County of Orange and authorized the Mayor
and City Clerk to execute the Agreement on behalf ofthe City.
FISCAL IMP ACT: Funds are available in the City Attorney Budget in Account 100-
0301-426100 - Outside Legal Services.
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CITY COUNCIL MINUTES
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3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEP ARATEL Y)
3.6 Third Amendment to Agreement No. 4863 with The Arroyo Group, to study
Metrolink parking structure locations and configurations in conjunction with
their work on the Santa Fe Depot Specific Plan Update. (A2100.0 Agr-4863.3)
SUMMARY: The City is currently in the process of preparing an update to the Santa
Fe Depot Specific Plan and associated EIR with consultant services provided by The
Arroyo Group. Due to the interrelationship between the Specific Plan and Metrolink
station activities, the City has asked The Arroyo Group team to study alternative
locations and configurations for future additional Metrolink parking needed to
accommodate the planned commuter train service expansion.
Discussion - Councilmember Smith asked for assurance that the Arroyo Group had
been provided with the design guidelines for the Old Towne district to incorporate into
their plans, as well as addressing the parking needs generated by additional housing and
retail uses.
Councilmember Bilodeau stated that the parking calculations should use a nine-foot
width standard as opposed to the compact or a narrower standard.
Principal Planner Anna Pehoushek stated that the Draft EIR on the Depot Specific Plan
will be brought to Council with a comprehensive report on the traffic consultant's
analysis.
MOTION - Smith
SECOND - Cavecche
AYES - Smith, Cavecche, Dumitru, Bilodeau
ABSENT - Murphy
Moved to 1) Authorize the appropriation of $6,440 from Account 100-6011-292100-
9799 (Expense Reimbursement from OCTA for Santa Fe Depot Specific Plan Update)
to 100-6011-426700-9799 (Consulting Services for Santa Fe Depot Specific Plan
Update); 2) Approve the agreement with The Arroyo Group as the consulting team to
study Metrolink parking structure alternatives in the amount of $6,440 and authorized
the Mayor and the City Clerk to execute all necessary documents on behalf of the City.
FISCAL IMP ACT: The parking structure study will be paid for using General Fund
money. OCTA has agreed to reimburse the City for this expenditure. Upon
appropriation, funds will be available in the following account:
100-6011-426700-9799 Santa Fe Depot Specific Plan Update $6,440
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3. CONSENT CALENDAR (Continued)
3.7 Second Amendment to Services Agreement between the City, Redevelopment
Agency and the PM Group, Inc. for the design and printing of the Orange
Progress City newsletter for FY 2008-09. (A2100.0 Agr-4692.A.2)
SUMMARY: The Second Amendment to Services Agreement memorializes the City
and Redevelopment Agency's option to extend a second and final term of the original
2006 Services Agreement and authorizes The PM Group, Inc. to oversee production of
the next four quarterly editions of the Orange Progress.
(See related Redevelopment Agency Minutes Item No. 3.3.)
ACTION: Approved the Second Amendment to Services Agreement between the City,
Redevelopment Agency and The PM Group, Inc. in an amount not to exceed $118,241
and authorized the Mayor and City Clerk to execute the agreement on behalf of the
City.
FISCAL IMP ACT: Sufficient funding has been included in the proposed FY 2008-09
budget through the following sources:
General Fund: $68,241 (includes $40,000 contribution from Waste Management)
100-0201-426600-7009 (City Mgr Office-Publicity/ Advertising-Orange Progress)
Redevelopment Agency: $50,000
940-9800-426600 (Merged and Amended Project Area - Publicity and Advertising -
Orange Progress)
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. Charles Monson
b. County of Orange
c. Sean Kelly
d. Kimberly Kelly
e. Nature's Wellness Collective, Inc.
f. Kristen D. Kette
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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3. CONSENT CALENDAR (Continued)
CONTRACTS
3.9 Award of Bid No. 078-41; Trailer Mounted Generator to be used as an emergency
power source for various water facility sites when required. (C2500.M.7)
SUMMARY: Three bids were opened on February 19,2008. After researching the bid
specifications, staff is recommending awarding the purchase to the lowest responsible
bidder that met the specifications, Generator Services, in the amount of $107,750.00.
ACTION: Awarded the contract in the amount of $107,750.00 to Generator Services
and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and available to cover the cost of the purchase
as follows:
601-8011-484201-8925 Emergency Generator $107,750.00
3.10 Award of Contract; Bid No. 078-50 Community Development Block Grant
(CDBG) Project - FY 07-08 Street Rehabilitation; Park Central Ave. 1 & 2, Park
Hyde St., El Rancho Ave., Fondren St., and Park Griffith Ave. (SP-3626).
(A2100.0 Agr-5281)
SUMMARY: Bids for the CDBG FY 07-08 Street Rehabilitation Project were
received, and opened on May 8, 2008. Seven bidders responded to the Notice Inviting
Bids. The apparent low bidder is All American Asphalt, Inc. of Corona in the amount
of$394,394.00. The Engineer's Estimate is $445,354.
ACTION: Awarded the contract in the amount of $394,394.00 to All American
Asphalt, 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 accounts.
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 (El Rancho Avenue Overlay)
310-9645-483300-3068 (Fondren Street Overlay)
310-9645-483300-3069 (Park Griffith Avenue Overlay)
$192,000
55,000
70,000
75,000
80,000
17,000
$489,000
Total
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3. CONSENT CALENDAR (Continued)
3.11 Contract Change Order No. 1 - Bid No. 078-46; Project No. SP-3619A; Soil
remediation, backfilling, compacting and grading at future Fire Headquarter site
(125 S. Water Street, Orange). (A2100.0 Agr-5264)
SUMMARY: This Contract Change Order authorizes payment for extra work at agreed
unit prices. The total cost for this change order is $80,000.
ACTION: Approved Contract Change Order No.1 in the amount of $80,000 to Encon
Technologies, Inc. for the extra work.
FISCAL IMP ACT: Funds are budgeted and available in the following account:
500-3021-481105-2977 Fire Station No. 1 $1,180,000
DONA TIONS
(REMOVED AND HEARD SEPARATELY)
3.12 Accept an endowment from City employees Bob Von Schimmelmann and Roger
Hohnbaum to be utilized by Public Works Director to take the Public Works
Employee of the Year to lunch. (C2500.M)
SUMMARY: Deputy Public Works Director Bob Yon Schimmelmann and City
Engineer Roger Hohnbaum have offered to establish an initial endowment of
$500 to be used by the Public Works Director to take the City's Public Works
Employee of the Year to lunch.
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Cavecche, Dumitru, Bilodeau
ABSENT - Murphy
ACTION: Accepted Endowment.
FISCAL IMPACT: None.
PURCHASES
3.13 Purchase 25 Mobile Data Computers (MDC) for all emergency responding fire
apparatus. (C2500.H)
SUMMARY: Authorize purchase of 25 MDC's, in the amount of $200,010.31
(includes installation, software, tax, and freight).
ACTION: Authorized purchase of25 MDC's.
FISCAL IMPACT: Funds are available in Account 120-3021-481302-2955.
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3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.14 RESOLUTION NO. 10284 (A2500.0)
A Resolution of the City Council of the City of Orange adjusting fees for the
Transportation Systems Improvement Program (T.S.I.P.).
ACTION: Continued to no date certain.
3.15 RESOLUTION NO. 10288 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
No. LL 2008-02 adjusting lot lines of certain real properties situated at 133 S. Lemon
Street and 234 W. Chapman Avenue in the City of Orange, County of Orange, State of
California.
Owner: International Church of the Four Square Gospel.
ACTION: Approved.
3.16 RESOLUTION NO. 10294 (C2500.J.4.6)
A Resolution of the City Council of the City of Orange Relating To the Classification,
Compensation, and Terms of Employment of Executive Directors and Top
Management Employees, and Repealing Resolution No. 10177 and Amendments
Thereto.
ACTION: Approved; and authorized staff to make the appropriate budget transfers and
appropriations to departmental salary and benefit accounts.
MOTION - Bilodeau
SECOND - Smith
AYES - Smith, Cavecche, Dumitru, Bilodeau
ABSENT - Murphy
Items 3.6 and 3.12 were removed and heard separately. Item 3.14 was continued to no
date certain. All other items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
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4. REPORTS FROM MAYOR CA VECCHE - None.
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Accept resignation of Phillip Bonina from the City Planning Commission.
(C2500.G.2.5.1)
MOTION - Dumitru
SECOND - Cavecche
AYES - Smith, Cavecche, Dumitru, Bilodea
ABSENT - Murphy
Moved to accept with regrets, the resignation of Phillip Bonina from the City Planning
Commission.
6.2 Accept resignation of Michael Helmuth from the Investment Advisory Committee.
(ORI800.0.27.13)
MOTION - Cavecche
SECOND - Dumitru
AYES - Smith, Cavecche, Dumitru, Bilodeau
ABSENT - Murphy
Moved to accept with regrets, the resignation of Michael Helmuth from the City Investment
Advisory Committee.
7. ADMINISTRATIVE REPORTS
7.1 Report from City Attorney - Process for City Councilmembers to place items on
the agenda. (C2500.D)
At Councilmember Bilodeau's request, the City Council directed that the City Attorney
prepare a report concerning how items are placed on the agenda by the City Council and what
the process is at other cities.
Discussion - City Attorney David DeBerry reported on the three current options for
Councilmembers to place items on the agenda and the results of a survey of other cities
practices.
Councilmember Bilodeau stated his support for a Councilmember's authorization to place
items on the agenda for immediate action, rather than discussion only.
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7. ADMINISTRATIVE REPORTS (Continued)
Mayor Cavecche expressed her concern that this process could generate a lot of work for staff
to research and prepare a report without a consensus of the Council.
City Attorney David DeBerry clarified that according to the Orange Municipal Code, an item
placed on the agenda under the Reports from Mayor or Reports from Council headings was
strictly for discussion purposes only. He further clarified the provisions of the Brown Act with
regard to discussion of items at a meeting.
City Manager John Sibley added that if an emergency issue arose, there exists a mechanism for
bringing that to Council in a timely manner.
Mayor pro tern Dumitru reported he had not had a problem placing items on the agenda;
noting, however, that the key is to have expediency in returning the items for action.
Councilmember Smith noted she was comfortable with the current process of going through
the City Manager.
NOTE: No action was taken.
7.2 Report from City Attorney - The effectiveness of the day labor/solicitation
ordinances. (UII00.0)
The City Council requested that a progress report on the effectiveness of the day
labor/solicitation ordinances adopted by the City Council be brought back in May. Overall, the
ordinances, and specifically enforcement thereof, have led to a substantial reduction in the
number of complaints and problems associated with day labor activity.
Discussion - City Attorney David DeBerry reported on the apparent success of the ordinances
and that no additional measures are required at this time. He further stated that although the
number of workers registering at the resource center is low, he recommended that it remain
open because it is a necessary component of defending the City's policies.
Mayor pro tern Dumitru asked for enforcement efforts at a restaurant in East Orange where
there seemed to be large congregations of individuals.
Mr. DeBerry reported that the courts initially were reducing not guilty pleas to infractions, but
have stopped that practice.
The Council received and filed the report.
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7. ADMINISTRATIVE REPORTS (Continued)
7.3 Report from Sr. Assistant to City Manager - Agreement for Professional Services
with Nexlevel Information Technology, Inc. for Consultant Services to Support the City's
Information Technology Outsourcing Project. (A2100.0 Agr-5283)
SUMMARY: The current two-year Information Technology Services Agreement with ACS
Enterprise Solutions is set to expire June 30, 2009. At the time the current agreement was
approved in June 2007, the City Council indicated its desire to pursue a competitive bidding
process for information technology (IT) outsourcing services prior to the expiration of the
agreement. Staff is recommending contracting with an IT consultant to assist with this
procurement process.
Discussion - Senior Assistant to City Manager Rick Otto gave the staff report. He responded
to questions from Council, stating that no rating scale was provided to Council for comparison
purposes; only two of fifteen vendors had responded to the informal RFP; the first phase of the
contract is for an assessment of the IT infrastructure; and a report would be brought back to
Council with this information.
Councilmember Bilodeau stated his concern over the cost of the agreement.
Mayor pro tern Dumitru stated his concern for the use of an informal RFP to choose the
vendor.
Councilmember Smith compared the need to do an assessment of the information technology
services with the assessment of the waste management services due to the long-term nature of
the contracts. She stated that although she did not personally support a previous vote on the
assessment of the waste management services, she would reluctantly support this RFP process
only to be consistent with the Council's affirmative vote on that RFP.
Councilmember Smith also noted that Councilmember Murphy was not present at the meeting,
but if he were, he would typically recuse himself due to the nature of the discussion.
City Attorney David DeBerry stated that the Municipal Code allows for an informal bidding
process for professional services contracts, but that Public Works contracts requires a formal
bidding process.
Mayor pro tern Dumitru noted he had additional questions about the process and requested to
meet with staff for further review.
MOTION - Cavecche
SECOND - Dumitru
AYES - Smith, Cavecche, Dumitru, Bilodeau
ABSENT - Murphy
Moved to continue to June 10, 2008.
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8. REPORTS FROM CITY MANAGER - City Manager John Sibley reported on the
continuing efforts to reduce expenditures and maximize revenue.
Mayor Cavecche requested a briefing on the budget prior to the June 10th hearing; and that a
briefing be offered to all Councilmembers.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 10-08 (SECOND READING) (ZI500.0 ZCG-1238-06)
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-l (Limited
Business District) to OP (Office Professional).
Zone Change 1238-06
Applicant: Steve Richardson
MOTION - Dumitru
SECOND - Cavecche
AYES - Smith, Cavecche, Dumitru, Bilodeau
ABSENT - Murphy
Moved that Ordinance No. 10-08 be read by title only and same was approved and adopted by
the preceding vote.
10. PUBLIC HEARINGS
10.1 CONVEYANCE OF REAL PROPERTY BY THE ORANGE
REDEVELOPMENT AGENCY TO CITY TOWN CENTER PARKING PARCEL, L.P.
(A2100.0 Agr-5282)
Time set for joint public hearing with the Redevelopment Agency to consider the proposed sale
of an Agency-owned parcel of approximately 13,720 square feet and located on the east side of
Manchester Avenue, north of Chapman Avenue for the purchase price of $69,000.00 for
development of the property as expanded parking serving the adjacent City Town Center
development.
(See related Redevelopment Agency Minutes Item No. 9.1.)
THE MAYOR OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, THE
MAYOR CLOSED THE PUBLIC HEARING.
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10. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 10293
A Resolution of the City Council of the City of Orange authorizing the sale by the Orange
Redevelopment Agency of unimproved real property consisting of approximately 13,720
square feet generally located on the east side of Manchester Avenue, north of Chapman
Avenue in the City of Orange to City Town Center parking parcel, L.P., a California Limited
Partnership.
MOTION - Bilodeau
SECOND - Smith
AYES - Smith, Cavecche, Dumitru, Bilodeau
ABSENT - Murphy
Moved to approve Resolution No. 10293.
10.2 REVOCATION OF CONDITIONAL USE PERMIT NO. 2637-07 - MERIDIAN
MARKET, 655 SOUTH MAIN STREET, SUITE NO. 240. (C3300.0 CUP-2637-07)
Time set for public hearing to consider revoking and repealing in its entirety, Conditional Use
Permit No. 2637-07.
THE MAYOR OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, THE
MAYOR CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 10285
A Resolution of the City Council of the City of Orange, revoking and repealing in its entirety,
Conditional Use Permit No. 2637-07 which allowed the off-site sale (Type 20) of beer and
wine at a market located at 655 South Main Street, Suite No. 240.
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Cavecche, Dumitru, Bilodeau
ABSENT - Murphy
Moved to approve Resolution No. 10285.
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
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12. RECESS TO CLOSED SESSION
The City Council recessed at 6:30 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: Police, Police Management and Fire Management
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.
13. ADJOURNMENT - The City Council adjourned at 6:50 p.m.
There was no 7:00 p.m. Session of the May 27,2008 Council Meeting.
The next Regular Council meeting is scheduled for June 10,2008.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of May 27, 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.
ia~~&y~
CITY CLERK
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