6/10/2008 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON JUNE 24, 2008
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING June 10, 2008
The City Council of the City of Orange, California convened on June 10, 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 Ed Trenner, Grace Brethren Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Orange High School Marine Corps Jr. ROTC
1.3 ROLL CALL
PRESENT -
ABSENT -
Smith, Murphy, Cavecche, Dumitru, Bilodeau
None.
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of the California Park & Recreation Society V olunteer Award to Pat Barrios.
Presentation to Alex Alvarez for heroic efforts.
Announcement of memorial adjournment for Police Officer Stanley W. Taylor.
Presentation from the Santa Ana Watershed Project Authority.
Announcements - 3rd of July; Concerts in the Park series; and Hart Park Pool grand
re-openmg.
2. PUBLIC COMMENTS -
John Whiteriver, American Legion Post 132, spoke on the flag burning ceremony on
Flag Day, Saturday, June 14th for properly retiring American flags.
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CITY COUNCIL MINUTES
June 10, 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 15 and 22, 2008.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting dated May 27, 2008.
(C2500.D.4)
NOTE: Councilmember Murphy abstained as he was absent from the May 2ih
meeting.
ACTION: Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
APPROPRIATIONS
(REMOVED AND HEARD SEP ARATEL Y)
3.4 Accept into the City's revenue budget and appropriate $12,222.38 worth of
donations for Orange Public Library's Adult Literacy program. (C2500.I)
SUMMARY: The Friends of the Orange Public Library (FOPL), as fiscal agent for the
First Annual Orange Spelling Bee in September 2007, collected $12,222.38 worth of
entry fees, donations, sponsorships, and gifts to support the Library's Adult Literacy
program. The funds will be used toward the FY 08-09 contract to continue Adult
Literacy staffing by READ/OC, the County of Orange unit that runs Orange Public
Library's program. Acceptance of this revenue and its appropriation into the FY 07-08
budget are requested; the monies will be carried over into the FY 08-09 budget for
expenditure.
Discussion - Mayor Cavecche acknowledged the fundraising efforts for the Library;
and announced the second annual spelling bee to be held on October 18,2008.
MOTION - Cavecche
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
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CITY COUNCIL MINUTES
June 10, 2008
3. CONSENT CALENDAR (Continued)
Moved to: I) Accept into the City's revenue budget: Account No. 100-2001-293800-
9321, $12,222.38 (Spelling Bee Fundraiser); and 2) Appropriate said funds to Account
No. 100-2016-426700-9321, $12,222.38 (Spelling Bee Fundraiser).
FISCAL IMPACT: The Library's available funds for Adult Literacy will be
$12,222.38 in FY 08-09 thanks to these Spelling Bee revenues. In addition, support for
Orange Public Library's Adult Literacy program will shift from 100% General Fund
dollars (FY 07-08) to 100% private contributions (FY 08-09 and henceforth).
BIDS
3.5 Award of Bid No. 078-55 to Irv Seaver Motorcycles of Orange, CA for three BMW
Police Pursuit Motorcycles. (C2500.K)
SUMMARY: Three BMW Police Pursuit Motorcycles are budgeted in the approved
2007 /2008 Vehicle Replacement Schedule.
ACTION: Authorized purchase of three BMW Police Pursuit Motorcycles in the
amount of$76,101.06.
FISCAL IMP ACT: Funds are budgeted in the following account:
720-5023-472102 Vehicle Replacement Fund $76,101.06
CONTRACTS
3.6 First Amendment to Contract with Orange County Striping for the installation of
traffic striping, pavement markings and raised pavement markers at various
locations within the City of Orange, Bid No. 067-43. (A2100.0 Agr-5087.1)
SUMMARY: Orange County Striping was awarded a contract, on a competitive basis,
for traffic striping for the City in June 2007. The contract allows for annual renewals
for up to 2 years based on mutual agreement. It is proposed to renew the contract for
FY 2008-2009 in an amount not to exceed $90,000.00.
ACTION: Approved First Amendment to Contract with Orange County Striping in an
amount not to exceed $90,000.00 for installation of traffic striping, pavement markings
and raised pavement markers at various locations within the City of Orange, and
authorized the Mayor and City Clerk to execute the Amendment on behalf of the City.
FISCAL IMP ACT: Funds in the amount of $90,000.00 for this contract are budgeted
in 2007/2008 fiscal year utilizing Gas Tax Exchange funds as follows:
273-5032-427100 Contractual Services $90,000.00
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CITY COUNCIL MINUTES
June 10, 2008
3. CONSENT CALENDAR (Continued)
3.7 Contract Change Order No. 1 for Bid No. 078-09; Asphalt Replacement at
Various Locations for Fiscal Year 2007-2008. (A2100.0 Agr-5120)
SUMMARY: In August of2007, the City of Orange entered into a contract with Hardy
& Harper, Inc. to replace Asphalt Concrete at various locations on an as-needed basis.
The amount of asphalt concrete included in the contract was estimated based on the
previous twelve months usage. Due to higher need for street repairs, an additional
$50,000.00 is requested to cover the cost for extra time, labor, and materials.
ACTION: Approved Contract Change Order No. 1 in the amount of $50,000.00 to
Hardy & Harper, Inc. for the additional work.
FISCAL IMPACT: Funds are budgeted and are available in the Water Operating Fund
as follows:
600-8041-448300 Asphalt Products $50,000.00
RESOLUTIONS
3.8 RESOLUTION NO. 10289 (EllOO.O)
A Resolution of the City Council of the City of Orange calling and giving notice of the
holding of a General Municipal Election to be held on Tuesday, November 4, 2008, for
the election of certain officers as required by the provisions of the laws of the State of
California relating to General Law Cities.
ACTION: Approved.
3.9 RESOLUTION NO. 10290 (EllOO.O)
A Resolution of the City Council of the City of Orange requesting the Board of
Supervisors of the County of Orange to consolidate a General Municipal Election to be
held on November 4, 2008 with the Statewide General Election to be held on the date
pursuant to Section 10403 of the Elections Code.
ACTION: Approved.
3.10 RESOLUTION NO. 10291 (EllOO.O)
A Resolution of the City Council of the City of Orange adopting regulations for
candidates for elective office pertaining to Candidate's Statements submitted to the
voters at an election to be held on Tuesday, November 4,2008.
ACTION: Approved.
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CITY COUNCIL MINUTES
June 10, 2008
3. CONSENT CALENDAR (Continued)
3.11 RESOLUTION NO. 10292 (EllOO.O)
A Resolution of the City Council of the City of Orange providing for the conduct of a
special runoff election for elective offices in the event of a tie vote at a municipal
election.
ACTION: Approved.
3.12 RESOLUTION NO. 10299 (L1200.0 LMD-86-2 Santiago Hills)
A Resolution of the City Council of the City of Orange regarding Landscape
Maintenance Assessment District 86-2 (Santiago Hills) declaring its intention to
provide for an annual levy and collection of assessments for Fiscal Year 2008-2009; to
set a time and place for a Public Hearing to receive public testimony on the foregoing
matters; and to give preliminary approval to the Certified Engineer's Report for
Landscape Maintenance Assessment District 86-2 (Santiago Hills).
ACTION: Approved.
3.13 RESOLUTION NO. 10300 (LI200.0 LMD-94-1 Sycamore Crossing)
A Resolution of the City Council of the City of Orange regarding Landscape
Maintenance Assessment District 94-1 (Sycamore Crossing) declaring its intention to
provide for an annual levy and collection of assessments for Fiscal Year 2008-2009;
and to set a time and place for a Public Hearing to receive public testimony on the
foregoing matters; and to give preliminary approval to the Certified Engineer's Report
for Landscape Maintenance Assessment District 94-1 (Sycamore Crossing).
NOTE: Councilmember Bilodeau recorded a NO vote on this item.
ACTION: Approved.
3.14 RESOLUTION NO. 10301 (C2500.G.2.5.1)
A Resolution of the City Council of the City of Orange expressing appreciation to
Phillip Bonina of the Planning Commission for his six and a half years of dedicated
servIce.
ACTION: Approved.
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CITY COUNCIL MINUTES
June 10, 2008
3. CONSENT CALENDAR (Continued)
3.15 RESOLUTION NO. 10302 (C2500.J.4.3)
A Resolution of the City Council of the City of Orange Establishing a Letter of
Understanding Between the City of Orange and the Orange City Fire Fighters, Local
2384, International Association of Fire Fighters, AFL-CIO Effective March 1, 2008
through February 28,2011.
ACTION: 1) Approved Resolution No. 10302, effective March 1,2008;
2) Authorized appropriations to the proper Fire Department salary and benefit accounts
for FY 08 of $98,513 from the unreserved fund balance of the General Fund (100) and
$5,487 from the unreserved fund balance of the EMT Transport Fund (125). (The
remaining costs have already been included in the FY 08 budget); and
3) Authorized appropriations to the proper Fire Department salary and benefit accounts
for FY 09 of $368,287 from the unreserved fund balance of the General Fund (100) and
$25,713 from the unreserved fund balance of the EMT Transport Fund (125). (The
remaining costs have already been included in the FY 09 budget).
MOTION - Bilodeau
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Councilmember Murphy abstained on Item 3.2, Item 3.4 was heard separately, and
Councilmember Bilodeau recorded a 'no' vote on Item 3.13. All other items on the
Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
**********
4. REPORTS FROM MAYOR CA VECCHE
4.1 Consideration of appointment of Mayor Cavecche's representative to the City
Planning Commission. (C2500.G.2.1)
MOTION - Cavecche
SECOND - Bilodeau
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to reappoint Fred Whitaker to the City Planning Commission, term to expire June 30,
2012.
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CITY COUNCIL MINUTES
June 10, 2008
4. REPORTS FROM MAYOR CA VECCHE (Continued)
4.2 Consideration of appointment of Councilmember Murphy's representative to the
City Planning Commission. (C2500.G.2.1
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to reappoint Scott Steiner to the City Planning Commission, term to expire June 30,
2012.
4.3 Consideration of appointment of Councilmember Bilodeau's representative to the
City Planning Commission. (C2500.G.2.1)
MOTION - Bilodeau
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to reappoint Michael Merino to the City Planning Commission, term to expire June 30,
2012.
4.4 Consideration of reappointments to the Orange Public Library Board of Trustees.
(C2500.I.2)
MOTION - Cavecche
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to reappoint Paul Hughes and Nancy Collins to the Library Board of Trustees, terms to
expire June 30, 2011.
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
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CITY COUNCIL MINUTES
June 10, 2008
7. ADMINISTRATIVE REPORTS
7.1 Report on Appropriations for Fund 550 - Reimbursable Capital Projects.
(C2500.M)
SUMMARY: The City maintains a fund called Reimbursable Capital Projects, Fund 550.
Since most grant funds are provided after project completion, the 550 Fund provides the initial
funding for projects with the intent of grant funds reimbursing the 550 Fund's initial funding.
Periodically, the Public Works and Finance Departments review Fund 550 accounting and
rectify project fund balances. This report addresses several projects with recommendations for
appropriations from other eligible fund balances to reimburse the 550 Fund.
Discussion - Public Works Director Gail Farber gave the staff report.
MOTION - Cavecche
SECOND - Bilodeau
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to:
1. Appropriate $180,734.76 from the unreserved fund balance of the Measure M Fund (262) to
the following accounts:
262-5011-483300-3046 (Katella: Struck to Santa Ana River) $7,611.92
262-5032-483300-3912 (Bus Stop Improvements) $15,069.25
262-5011-483300-3430 (Meats Avenue Study) $150,000.00
262-5011-486700-6099 (Santiago Creek Bike Trail Study) $8,053.59
2. Appropriate $262,381.29 from the unreserved fund balance of the TSIP Area B/West
Orange Fund (284) to the following accounts:
284-5032-483100-2999 (Tustin Ave. Smart Corridor)
284-5032-483100-6006 (Combined Fiber Optic Project)
284-5032-483100-6019 (Chapman Interconnect-Tustin)
$19,281.87
$222,897.24
$20,202.18
FISCAL IMPACT: Sufficient unreserved fund balances are available in both the Measure M
and TSIP Area B/West Orange Funds to support the requested appropriations.
7.2 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. (Cont. from OS/27/08) (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.
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CITY COUNCIL MINUTES
June 10, 2008
7. ADMINISTRATIVE REPORTS (Continued)
NOTE: Councilmember Murphy recused himself due to a potential employment conflict of
interest and left the dais.
Discussion - Sr. Assistant to City Manager Rick Otto gave the staff report. Addressing the
specific questions that arose at the Council meeting of May 27, he stated that the bidding
process was conducted according to the Municipal Code rules; a rating panel was established
to evaluate the RFP; and that their rating sheets have been provided to Council.
Council expressed concern that the Enterprise Resource Plan (ERP) implementation would
impact the RFP process for IT outsourcing. Mayor Cavecche expressed that the general
expectation had been that the ERP implementation would have been completed prior to
beginning the RFP. Mayor Cavecche also noted the City has not gone out to bid for this
service in almost 25 years.
Councilmember Bilodeau stated his concern over spending this amount of money on an RFP
given the severe budget constraints being faced, and that he would not be supporting this item.
Councilmember Smith stated that although she did not personally support a previous vote on
an RFP to review a long term vendor, she would vote to remain consistent with the Council's
approval for that RFP.
City Manager John Sibley clarified that other IT companies had been in place since 1984, but
these companies had been taken over, and the current IT service provider, ACS, took over in
1999.
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Cavecche, Dumitru,
NOES - Bilodeau
ABSENT(RECUSED)-Murphy
Moved to: 1) Approve the Agreement for Professional Services with Nexlevel Information
Technology, Inc. to support the City's Information Technology Outsourcing project for an
amount not to exceed $87,450, and authorize the Mayor and City Clerk to execute the
agreement on behalf of the City; and 2) Direct staff to provide a report following completion of
the first phase of the project which includes an assessment of the existing IT operations and
based on the findings from that report the Council can determine whether to continue with the
RFP process.
FISCAL IMPACT: Sufficient funds exist in Account 780-1601-426700 (MIS - Professional
Services) in the FY 2007-08 budget for this Agreement.
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CITY COUNCIL MINUTES
June 10, 2008
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS-None.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:40 p.m. to a Closed Session for the following purposes:
a. Conference with Real Property Negotiators pursuant to Government Code Section 54957.6:
Property: 206 S. Center
City Negotiators: John Sibley, Rick Otto
Negotiating Party: Ricci Family Trust
Under Negotiation: Price and terms
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.
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APPROVED BY THE CITY COUNCIL ON JUNE 24, 2008
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING June 10, 2008
7:00 P.M. SESSION
12. PUBLIC COMMENTS - None.
13. PUBLIC HEARINGS
13.1 BIG E SERVICE STATION FOOD MART (JOHN H. MOORCROFT) - ABC
LICENSE - CONDITIONAL USE PERMIT NO. 2703-08. (C3300.0 CUP-2703-08)
Time set for public hearing to consider a request for an Alcoholic Beverage Control Type 20
(Off-Sale Beer and Wine) License within an existing accessory retail sales/cashier area of an
existing automotive fueling station, located at 890 N. Batavia Street.
Discussion - Community Development Director Alice Angus gave the staff report noting that
the Police Department's recommendations have been incorporated in the Council resolution's
conditions.
Police Sergeant Bird noted that this census tract is currently considered saturated with four
ABC licenses, and will be considered over concentrated with the addition of this proposed
license.
THE MAYOR OPENED THE PUBLIC HEARING.
Applicant, John Moorcroft was available to answer questions by Council, noting he was in
agreement with the proposed conditions.
Ms. Angus indicated that this ABC license is an off-site establishment and the on-site alcohol
conditions placed on restaurants are different.
Councilmember Smith suggested restatement of Condition No. 20 to clarify its intent.
THE MAYOR CLOSED THE PUBLIC HEARING.
Mayor Cavecche stated that she tends not to approve licenses of this type, but will approve this
one because of the comments from the Police Department that this census tract is not currently
over concentrated with licenses, but this license will put it at that level.
RESOLUTION NO. 10295
A Resolution of the City Council of the City of Orange approving Conditional Use Permit No.
2703-08, a request to maintain a Type 20 ABC License (Off-Sale - Beer and Wine) in
association with an existing service station located at 890 N. Batavia Street.
Applicant: John H. Moorcroft, Big E Food Mart
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CITY COUNCIL MINUTES
June 10, 2008
13. PUBLIC HEARINGS (Continued)
MOTION - Murphy
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to approve Resolution No. 10295, including the restated Condition No. 20 to include
"all alcoholic beverage containers that are displayed for sale shall be secured from 8:00 p.m. to
8:00 a.m. and accessed only by store staff for pending sale, not by the customer...."
13.2 PROPOSED FISCAL YEAR 2008-09 CITY OF ORANGE BUDGET AND
SEVEN YEAR CAPITAL IMPROVEMENT PROGRAM. (C2500.J.1.1)
(See related Redevelopment Agency Minutes Item No. 11.1 )
Time set for public hearing to consider adoption of the proposed FY 2008-09 City of Orange
Budget and Seven-Year Capital Improvement Program.
City Manager John Sibley summarized the current economic status and how it affects the City.
He stated that the City has responded by slowing down spending, as well as monitoring and
reporting trends/changes to Council.
Sr. Assistant to City Manager Rick Otto provided the staff report, noting that the catastrophic
reserve is not affected. He then reviewed the Capital Improvement Projects program and its
funding sources. He further stated that approximately $2 million in savings due to the current
hiring freeze and curtailment of spending will be returned to the General Fund. He also
indicated that Council is being asked to remove the funding for the new civic center working
capital.
Mr. Sibley stated that with the approval of the proposed actions before Council, it is
anticipated that the future FY 09-10 budget will be approximately $3 million short. He stated
that the last option to pursue would be the use of catastrophic reserves.
Councilmember Smith asked that training/travel expenses for the public safety departments,
not be cut completely, but spent as needed to ensure continuance of public safety in the
community. She also asked for a high priority being given to ensuring the health of the City's
water system.
Mr. Sibley responded to a question from Councilmember Bilodeau that the hiring of the Public
Information Officer was going forward and that the position is funded by the Redevelopment
Agency. Councilmember Bilodeau suggested that the position remain vacant, using City
Manager's staff to perform this duty.
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CITY COUNCIL MINUTES
June 10, 2008
13. PUBLIC HEARINGS (Continued)
Mayor pro tern Dumitru received clarification on the fund for computer replacement and that
there exists a separate account to replace Fire Department equipment.
THE MAYOR OPENED THE PUBLIC HEARING.
Speaker - David Ross, Santa Ana, speaking on behalf of Waste Management Company, spoke
on continuing negotiations to reach agreement with the City to avoid a lengthy and costly RFP
process.
THE MAYOR CLOSED THE PUBLIC HEARING.
Councilmember Bilodeau requested examination of Fund 100 and 500. He suggested a review
of the following projects:
. Old Towne Street Light Replacement - possible use of Redevelopment money
. Fire Headquarters - Stretch costs over several years
. Fire station Emergency Power Generators
. Fire station air conditioning
. 55 Freeway/Meats Avenue interchange study - possible use of Redevelopment funds
Fire Chief Lewis explained the critical need for generators and air conditioning at Fire
Stations.
Mayor pro tern Dumitru asked about the necessity of the Signal Preemption Study. Fire Chief
Lewis explained this was identified in a study as a factor in response times.
Councilmember Smith asked if the replacement of Old Towne street lights could possibly be
paid using redevelopment funds since they enhance the tourism attraction of the City.
Mayor Cavecche stated her priority to set the budget without the use of the catastrophic fund.
She suggested reviewing the Grijalva gymnasium funding source and whether redevelopment
funding can be used. She suggested a continuance, asking that the revenue and expenditure
numbers be more fine tuned, including the use of redevelopment money and the $2 million in
savmgs.
Council discussed the parameters of the use of redevelopment money on projects and received
clarification from the City Attorney of the need to make certain findings before a project could
qualify for redevelopment money. Determination was made to bring the budget back for
consideration at the next meeting at 4:30 p.m. with a list of the items discussed and the
applicability of the use of redevelopment money
MOTION - Cavecche
SECOND - Bilodeau
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to continue to the Council Meeting of June 24, 2008, at 4:30 p.m. session.
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CITY COUNCIL MINUTES
June 10,2008
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
The City Council adjourned at 8:20 p.m. in memory of Police Officer Stan Taylor.
The next Regular Council meeting is scheduled for June 24, 2008.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of June 10, 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.
tic 3
~ MURP
/ CITY CLERK
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