6/24/2008 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON JULY 8, 2008
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING June 24, 2008
The City Council of the City of Orange, California convened on June 24, 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 Nora Jacob, Library Services Director
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Jon Dumitru
1.3 ROLL CALL
PRESENT -
ABSENT -
Smith, Murphy, Cavecche, Dumitru, Bilodeau
None.
1.4 PRESENT A TIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of Resolution to Phillip Bonina for service on the City Planning
Commission.
Employee Service Awards.
2. PUBLIC COMMENTS - None.
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.
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CITY COUNCIL MINUTES
June 24, 2008
3. CONSENT CALENDAR (Continued)
3.1 Request Council Confirmation of warrant registers dated May 29, June 5 and 12.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting dated June 10, 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 May 31, 2008.
(C2500.F)
ACTION:
Approved.
3.5 Receive and file the Investment Oversight Committee Report, period ending May
31,2008. (ORI800.0.27.16)
ACTION:
Approved.
AGREEMENTS
3.6 Agreement between the City of Orange and California Forensic Phlebotomy, Inc.
(A2100.0 Agr-1626.K)
SUMMARY: California Forensic Phlebotomy, Inc. (CFP) conducts and analyzes blood,
breath and urine evidence for the Police Department. The proposed Agreement is for the
period July 1,2008 through June 30, 2009.
ACTION: Approved the Consultant Services Agreement between the City of Orange
and California Forensic Phlebotomy, Inc. in an amount not to exceed $123,000 and
authorized the Mayor and the City Clerk to execute the agreement on behalf of the City.
FISCAL IMP ACT: Funds are available to cover the cost of the contract as follows:
100-4041-426700 (Traffic-Other Professional & Consulting Services) $123,000
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CITY COUNCIL MINUTES
June 24, 2008
3. CONSENT CALENDAR (Continued)
3.7 Agreement between the City of Orange and VisionAIR, Inc. (A2100.0 Agr-3217.G)
SUMMARY: VisionAIR, Inc. is the vendor for the Police Department's computer-aided
dispatch and records management system (CAD/RMS). The Consultant Services
Agreement for software maintenance, for the period July 1,2008 through June 30, 2009,
will provide continued support and upgrade services for these systems.
NOTE: Councilmember Murphy abstained on this item due to a potential conflict
of interest with his employment.
ACTION: Approved the Consultant Services Agreement between the City of Orange and
VisionAIR, Inc. in the amount of $97,374.61 and authorized the Mayor and the City
Clerk to execute the agreement on behalf of the City
FISCAL IMP ACT: Funds are available to cover the cost of the contract as follows:
100-4011-427800 Administration- Other Contractual Services $97,374.61
3.8 Consultant Services Agreement with Integrated Design Services, Inc. for Project
and Construction Management Services for fiscal year 2008-2009. (A2100.0 Agr-
5026.B)
SUMMARY: This Consultant Services Agreement includes a scope of services for
ongoing project and construction management for the Hart Park Pool/Deck Renovation,
Santiago Creek Bike Trail, and El Camino Park Renovation for fiscal year 2008-2009 at a
total compensation not to exceed $298,802.
ACTION: Approved agreement with Integrated Design Services, Inc. and authorized the
Mayor and City Clerk to execute the agreement on behalf of the City.
FISCAL IMP ACT: The following funds are available to cover the cost of the agreement
as follows:
511-7021-481105-0607 (El Camino Real Park Renovation)
511-7021-481200-0025 (Hart Park Pool/Deck Renovation)
500-7021-485100-6100 (Santiago Creek Bike Trail)
$156,555
$39,499
$102,748
3.9 Claims Management Services (CMS), a subsidiary of the State Fund Insurance, to
provide Third Party Administration services for the Workers' Compensation
Benefit Program. (A2100.0 Agr-0233.D.2)
SUMMARY: Sine the city is self insured for Workers' Compensation insurance, it is
necessary to contract with a third party administrator for management of Workers'
Compensation claims. The current Third Party Administrator, Claims Management
Services, has provided the City with a very favorable extension of the contract for
another three years.
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CITY COUNCIL MINUTES
June 24, 2008
3. CONSENT CALENDAR (Continued)
ACTION: Accepted the three-year extension to agreement using Claims Management
Services for the Administration of Workers' Compensation claims.
FISCAL IMPACT: Adequate funds are available in Fund 730-1412-432302 Workers'
Compensation Administration.
3.10 Approval of a Reimbursement Agreement between the City of Orange and the
Orange Redevelopment Agency for FY2008-2009. (A2100.0 Agr-5107.A)
SUMMARY: The Reimbursement Agreement between the City and Agency will create
indebtedness which will enable the Agency to utilize tax increment revenue instead of
bond proceeds to pay for operational costs. This will free up bond proceeds for loans or
projects.
ACTION: Approved the Reimbursement Agreement between the City of Orange and the
Orange Redevelopment Agency, and authorized the Mayor and City Clerk to execute the
Agreement on behalf of the City.
FISCAL IMPACT: There is no net fiscal impact on either the City or Agency budget.
Interest paid by the Agency on the loan will be offset equally by interest earned by the
Agency on the loan proceeds. There are sufficient tax increment revenues and other
funds available to repay this loan.
3.11 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. Adrien Alvarado
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES
June 24, 2008
3. CONSENT CALENDAR (Continued)
CONTRACTS
(REMOVED AND HEARD SEP ARATEL Y)
3.12 Award of Contract; Bid No. 078-58 for the purchase of three Horton Ambulances.
(C2500.H)
SUMMARY: Bids for three Horton Ambulances were received and opened on May 15,
2008. Ten bid packages were distributed to authorized ambulance dealers and only one
bid was received. The apparent low bidder is Leader Industries of South El Monte, CA
for three Horton Ambulances.
Mayor pro tern Dumitru clarified with staff that wiring issues had been addressed.
MOTION - Dumitru
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ACTION: Authorized purchase of three Horton Ambulances III the amount of
$706,181.88.
FISCAL IMP ACT: Funds are budgeted and available in the following account:
720-5023-472102 Vehicle Replacement Fund $706,181.88
3.13 Award of Bid No. 078-66 to Selman Chevrolet of Orange, CA for two full-size pick-
up trucks. (C2500.M.7)
SUMMARY: Two full-size pick-up trucks are budgeted in the approved 2007/2008
Vehicle Replacement Schedule.
NOTE: Council member Murphy abstained on this item due to a potential conflict
of interest with his wife's employment.
ACTION: Authorized purchase of two full-size pick-up trucks III the amount of
$98,786.36.
FISCAL IMP ACT: Funds are budgeted and available in the following account:
720-5023-472102 Vehicle Replacement Fund $98,786.36
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CITY COUNCIL MINUTES
June 24, 2008
3. CONSENT CALENDAR (Continued)
3.14 Award Bid No. 078-60 for the El Modena Park Electrical Panel, CIP No. 0079.
(A2100.0 Agr-5290)
SUMMARY: Bids were received and opened for the El Modena Park Electrical Panel on
May 29,2008. The apparent low bidder is R&M Electrical Contracting in the amount of
$142,086.
ACTION: 1) Approved and awarded Bid No. 078-60 to R&M Electrical Contracting,
and authorized the Mayor and City Clerk to execute the contract on behalf of the City;
and 2) authorized the City's Director of Community Services to approve and execute
any contract change orders deemed necessary and appropriated during the course of
construction in the amount, in the aggregate, of 10% of the contract amount.
FISCAL IMP ACT: The following funds are currently allocated to this project:
511-7021-481105-0079-00000 Park Acquisition and Development $ 42,419
550-7021-481105-0079-00000 Cellular Revenue $125,243
3.15 Award of Contract - Bid No. 078-59; SP-3638; Fiscal Year 2007-08 Phase II Annual
Street Maintenance Program - Slurry Seal at Various Locations. (A2100.0 Agr-
5291)
SUMMARY: Bids for Annual Slurry Seal at Various Locations were received and
opened on May 29, 2008. Six bidders responded to the Notice Inviting Bids. The
apparent low bidder is Pavement Coatings Company, Cypress, CA for $509,932.00.
ACTION: Awarded the contract in the amount of $509,932.00 to Pavement Coatings
Company 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 accounts:
500-5021-481105-4997 Municipal Parking Lot Maintenance $238,637.00
500-5011-483300-3120 Local Street Maintenance $408,366.51
3.16 First Amendment to Asphalt Concrete Replacement Contract with Hardy &
Harper, Inc. (A2100.0 Agr-5120.1)
SUMMARY: The Water Division currently has a contract with Hardy & Harper, Inc. for
asphalt concrete replacement at various locations for FY 2007-2008. The term of the
contract is for one year, and the City has the option to exercise contract renewals up to
three additional years. As such, staff is recommending that the contract be extended for
the upcoming fiscal year beginning July 1,2008 through June 30, 2009.
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CITY COUNCIL MINUTES
June 24, 2008
3. CONSENT CALENDAR (Continued)
ACTION: Approved First Amendment to Asphalt Concrete Replacement Contract with
Hardy & Harper, Inc. in the amount of $257,500.00.
FISCAL IMPACT: Funds are budgeted and are available in the Water Operating Fund
for Fiscal Year 2008/2009. The total contract amount is based upon an estimate of 12
months expenditures. 600-8041-448300 Asphalt Products $257,500
3.17 Appropriation of County Proposition IB funds and Award of Consultant Contract
for Project No. 6103, North Santiago Creek Bike Trail (Collins Avenue to Cannon
Street). (A2100.0 Agr-5292)
SUMMARY: On May 13th of this year, the City Council approved an agreement with the
County of Orange to receive County Proposition IB funding in the amount of $4,936,782
to develop the North Santiago Creek Bike Trail from Collins Avenue to Cannon Street,
with a completion deadline of June 2011. The County Board of Supervisors is scheduled
to approve this agreement at their June 17th board meeting. To meet the demanding
schedule and avoid the potential loss of grant funds, it is recommended to secure
knowledgeable project oversight consultant support designed to finalize/secure project
funding, coordinate/communicate with various agencies and project stakeholders, finalize
the project scoping, scheduling and phasing, coordinate environmental, right-of-way
acquisitions and plans and specifications, and provide oversight during construction.
ACTION: 1) Appropriated the County Proposition IB grant fund to Account 550-5011-
483300-6103 (Reimbursable Grant Fund) $4,936,782; and 2) Awarded a Consultant
Services Agreement in an amount not to exceed $50,000.00 per fiscal year to Roger
Hohnbaum, and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Once the recommended action is taken, funds will be budgeted and
available in the following account:
550-5011-483300-6103 County Proposition IB Grant Funds $4,936,782
3.18 Final Acceptance of Bid No. 078-31; SP-3634; Annual Concrete Replacement at
Various Locations, FY 2007-08 and authorization to file Notice of Completion with
the County Recorder (No staff report required). (A2100.0 Agr-5237)
SUMMARY: Bid No. 078-31; SP-3634; Annual Concrete Replacement at Various
Locations, FY 2007-08. The contract on said job was Noeticorp, Inc.
ACTION: Accepted public work improvements, authorized release of SureTec Insurance
Company of Texas, Bond No. 4355819 in the amount of $438,000.00 and authorized the
Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
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CITY COUNCIL MINUTES
June 24, 2008
3. CONSENT CALENDAR (Continued)
3.19 Final Acceptance of Bid No. 078-36; SP-3639; CDBG Project - ADA Wheelchair
Access Ramps at Various Locations, FY 2007-08 and authorization to file Notice of
Completion with the County Recorder (No staff report required). (A2100.0 Agr-
5259)
SUMMARY: Bid No. 078-36; SP-3639; CDBG Project - ADA Wheelchair Access
Ramps at Various Locations, FY 2007-08. The contractor on said job was Angel Fierros,
a sole proprietor doing business as FS Construction.
ACTION: Accepted public work improvements, authorized release of American
Contractors Indemnity Company of California, Bond No. 1000781088 in the amount of
$136,500.00 and authorized the Mayor and City Clerk to execute the Notice of
Completion.
FISCAL IMPACT: None.
3.20 Final Acceptance of Bid No. 078-46; SP-3619A; Soil Remediation, Backfilling,
Compacting and Grading at 125 S. Water Street, Orange and authorization to file
Notice of Completion with the County Recorder (No staff report required).
(A2100.0 Agr-5264)
SUMMARY: Bid No. 078-46; SP-3619A; Soil Remediation, Backfilling, Compacting
and Grading at 125 S. Water Street, Orange. The contractor on said job was Encon
Technologies, Inc.
ACTION: Accepted public work improvements, authorized release of SureTec Insurance
Company of Texas, Bond No. 43660787 in the amount of $44,550.00 and authorized the
Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
3.21 Final Acceptance of Bid No. 078-10; Waterline Renewal for Ridge Park Lane,
Feather Hill Drive, Maple Grove Road, Shady Forest Lane, Chapel Hill Road, and
Echo Hill Way, and authorization to file Notice of Completion with the County
Recorder (No staff report required). (A2100.0 Agr-5183)
SUMMARY: Bid No. 078-10; Waterline Renewal for Ridge Park Lane, Feather Hill
Drive, Maple Grove Road, Shady Forest Lane, Chapel Hill Road, and Echo Hill Way.
The contractor on said job was Southern California Pipeline Construction, Inc.
ACTION: Accepted public work improvements; authorized release of Arch Insurance
Company, Bond No. SU5024361, in the amount of $807,037.00 and authorized the
Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
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CITY COUNCIL MINUTES
June 24, 2008
3. CONSENT CALENDAR (Continued)
FUND TRANSFERS
3.22 Transfer of funding from the Grijalva Gymnasium/Sports Center project to the
General Fund. (C2500.4.20)
SUMMARY: Staff is requesting authorization to transfer a total of $5,750,000 in
funding from the Grijalva Gym project to the General Fund. The original source of this
funding was a transfer from the General Fund to the Grijalva Gym. Staff is
recommending the return of the funding to its original source.
ACTION: Authorized the transfer of $5,750,000 from 500-7021-481200-1606 (Grijalva
Gym) to the unreserved balance of the General Fund.
FISCAL IMPACT: A transfer of $5,750,000 back to the General Fund will increase the
available General Fund balance and provide some assurance that the City will not have to
dip into the City's Reserve for Contingency during the 09110 fiscal year. In the meantime,
sufficient funds will be available in the Grijalva Gym project to cover construction of the
gym, which has already been authorized by Council. Redevelopment staff has indicated
that their findings support an appropriation of at least $1,500,000 from the new 2008
RDA bonds proceeds. These backfill Redevelopment funds will be needed to cover the
additional items such as furniture, fixtures, equipment, special inspections,
project/construction management services, etc. as noted in the project estimate provided
to Council on February 26, 2008. Redevelopment staff will request authorization to
appropriate the $1,500,000 (in backfill funding) during July, once findings of
proportionality are finalized and a resolution can be prepared.
RESOLUTIONS
3.23 RESOLUTION NO. 10305 (C2500.K)
A Resolution of the City Council of the City of Orange expressing appreciation to
Sergeant Mike Streed of the Orange Police Department and commending him for 28
years of dedicated service.
ACTION: Approved.
3.24 RESOLUTION NO. 10306 (C2500.H.2)
A Resolution of the City Council of the City of Orange declaring the weeds and rubbish
upon property located on Assessor's Parcel Numbers 094-451-38 and 094-122-21 in the
City of Orange, County of Orange, a menace to adjacent improved property constituting a
public nuisance and initiating abatement and removal proceedings.
ACTION: Approved.
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CITY COUNCIL MINUTES
June 24, 2008
3. CONSENT CALENDAR (Continued)
MOTION - Murphy
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Councilmember Murphy abstained on Items 3.7 and 3.13; Item 3.12 was removed and
heard separately. All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR CA VECCHE
4.1 Consideration of reappointments to the City Traffic Commission. (ORI800.0.19)
MOTION - Murphy
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to reappoint Wayne King, Nick Lall and Jim Beil to the City Traffic Commission; terms
to expire June 30, 2012.
4.2 Consideration of reappointments to the Community Video Advisory Board.
(ORI800.0.28)
MOTION - Cavecche
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to reappoint Phil Giraldin and David Cordero to the Community Video Advisory Board;
terms to expire June 30, 2010.
5. REPORTS FROM COUNCILMEMBERS
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
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CITY COUNCIL MINUTES
June 24, 2008
7. ADMINISTRATIVE REPORTS
7.1 Report on a Cooperation and Reimbursement Agreement between the City of
Orange and the Orange Redevelopment Agency relating to certain public improvements
located at EI Camino Real Park; and award of Bid No. 078-52; S.P. 3649 EI Camino Real
Park Renovation (A2100.0 Agr-5293; 5294)
(See related Redevelopment Agency Agenda Item No. 7.1)
SUMMARY: The Cooperation and Reimbursement Agreement provides for Agency funding to
the City of Orange of the Agency's share of costs incurred for certain public improvements
located at El Camino Real Park in an amount not to exceed $2,900,000.
Bids were received and opened for the El Camino Real Park Renovation on May 22, 2008. The
apparent responsive low bidder is Los Angeles Engineering, Inc. in the amount of $5,540,000.
Discussion
Bonnie Hagan, Community Services Manager, provided a staff report. She clarified that
Chapman University will be moving their women's softball program to EI Camino Park and will
be funding certain improvements, but the park will be available for joint uses.
Councilmember Smith expressed her desire to have the Memorial Tree, planted in honor of Mr.
Frank Parsons, at El Camino Park to be kept in place.
Mr. Jim Reichert, Economic Development Director, explained that this was a named project in
the recent Redevelopment bond issuance.
Speakers
. Jenisa Law - spoke in support of the renovated fields and softball programs at EI Camino
Real Park.
. Deja Nieves - spoke in support of the renovated fields and softball programs at EI Camino
Park.
. Pedram Minopor, Attorney representing Lehman Construction - submitted a protest to the
award of bid.
. Greg Schnieders - provided information depicting projects from Lehman Construction.
. Mark Lehman, Lehman Construction - spoke in opposition to the award of bid; suggesting
that Lehman Construction had submitted the lowest responsible bid.
David DeBerry, City Attorney, clarified concerns regarding Lehman Construction's comments
about their bid being rejected as being non-responsive. In the original bid package, there was a
requirement regarding a $5 million threshold. In response to questions from Lehman, City staff
indicated the City could waive the $5 million requirement if an addendum was sent out to all
bidders as some bidders might not have submitted a bid because of this requirement. No
addendums were ever sent out.
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CITY COUNCIL MINUTES
June 24, 2008
7. ADMINISTRATIVE REPORTS (Continued)
Mr. DeBerry explained that Lehman Construction's position - that the City or any other public
agency cannot request any qualifying experience, is not valid. It is responsible to contract with a
company that has the required level of experience for the project being bid. This could become a
problem if bids were tailored so that only one or two bids were received, but in this case, nine
responsive bids were received. Available options include awarding the bid to Los Angeles
Engineering or lowering the criteria and re-advertising with a new bid to make it a level playing
field.
Councilmember Dumitru clarified with staff that Los Angeles Engineering has not done any
previous work with Community Services in Orange.
RESOLUTION NO. 10303
A Resolution of the City Council of the City of Orange approving a Cooperation and
Reimbursement Agreement with the Orange Redevelopment Agency relating to reimbursement
by the Orange Redevelopment Agency for a portion of the costs of renovations of El Camino
Park.
MOTION - Dumitru
SECOND - Bilodeau
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to: 1) Adopt Resolution No. 10303; 2) Approve and award Bid No. 078-52 to Los
Angeles Engineering, Inc., and authorize the Mayor and City Clerk to execute the contract on
behalf of the City; and 3) Authorize the City's Director of Community Services to approve and
execute any contract change orders and pay any building permits or other fees deemed necessary
and appropriate during the course of construction in an amount, in the aggregate, not to exceed
10% of the contract amount.
FISCAL IMP ACT: The following funds are currently allocated to this project:
511-7021-481105-0607 (EI Camino Real Park - Park Development Fees) $4,388,569
Upon approval of the Cooperation and Reimbursement Agreement with the Orange
Redevelopment Agency, funding of a portion of the public improvements relating to the El
Camino Real Park Renovation will be available as follows:
ORA Tax Allocation Bonds - EI Camino Real Park $2,900,000
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CITY COUNCIL MINUTES
June 24, 2008
7. ADMINISTRATIVE REPORTS (Continued)
7.2 Report on Propriety of imposing additional residency, time and distance
requirements on registered sex offenders from so-called "sensitive uses". (A2500.0)
SUMMARY: Proposition 83, commonly known as "Jessica's Law", became effective
November 8, 2006. It prohibits registered sex offenders (hereafter, "290 registrant") from living
within 2000 feet of schools and parks. The statute includes a provision that allows municipalities
to enact ordinances that further restrict the residency of a 290 registrant. However, the
constitutionality of Jessica's Law is now in question as the California Supreme Court has stayed
the revocation of probation for violations of Jessica's Law until it can review the residency
restri cti ons.
Mayor pro tern Jon Dumitru requested a report from the City Attorney concerning the current
status of 290 registrants residing in the City as well as the possibility and benefit of further
regulating them. The police department also inquired about the ability to further regulate 290
registrants in the City. This report focuses on residency restrictions, hotel occupancies and time
and distance requirements from public and private schools.
Discussion
Assistant City Attorney Gary Sheatz gave the staff report explaining the areas of investigation
and which areas were problematic and staff s recommendations.
Mayor Pro-tern Dumitru stated he would like to see the Ordinance put into place, but to also
make the Ordinance as broad as it can be by extending it to religious institutions, private schools
and businesses targeted towards children. The Council were in agreement on creating an
Ordinance which would cover all areas where children gather, suggesting dance schools,
churches, sports programs and after school tutoring locations.
MOTION - Dumitru
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ACTION:
1. Directed the City Attorney to return to the City Council with a proposed ordinance limiting
the number of 290 registrants residing at hotels and motels to no more than two (2). Also included
regulations that require hotel and motel operators to notify current and potential guests that a 290
registrant is registered at the hotel or motel when the operators have notice thereof.
2. Directed the City Attorney to return to the City Council with a proposed ordinance creating
290 registrant free zones around schools, prohibiting 290 registrants convicted of offenses against
minors from loitering within 500 feet of such locations from one hour before to one hour after
operations.
3. Directed the City Attorney to report to the City Council on the viability of residency
restrictions after the California Supreme Court decides the constitutionality of Jessica Law's
residency restrictions.
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CITY COUNCIL MINUTES
June 24, 2008
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS - None.
10. PUBLIC HEARINGS
10.1 PROPOSED FISCAL YEAR 2008-09 CITY OF ORANGE BUDGET AND SEVEN
YEAR CAPITAL IMPROVEMENT PROGRAM. (C2500.J.1.1)
(See related Redevelopment Agency Agenda Item No. 9.1)
The public hearing to consider adoption of the proposed FY 2008-09 City of Orange Budget and
Seven-Year Capital Improvement Program - was continued to this time from June 10, 2008.
Mayor Cavecche stated that the Public Hearing had already been closed on this item at the last
Council meeting, June 10, 2008.
Discussion
John Sibley, City Manager, provided a staff report.
The Council expressed their appreciation to staff for their efforts in putting all the information
together, working to close the gap between revenues and expenditures, and the creativity and
flexibility used to fund projects that are critical to the community.
Council also noted this was the last in a series of meetings over several months.
Council Action
RESOLUTION NO. 10297
A Resolution of the City Council of the City of Orange adopting said City's Budget for the
Fiscal Year 2008-09 and relating to transfers of funds between and within appropriations,
transfers between funds and additional appropriations.
MOTION - Dumitru
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
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CITY COUNCIL MINUTES
June 24, 2008
10. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 10298
A Resolution of the City Council of the City of Orange adopting the appropriations limit for the
Fiscal Year 2008-09.
MOTION - Dumitru
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
MOTION - Dumitru
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Move to find that the portion of the Fiscal Year 2008-09 Budget subject to the Gann limit is
$73,893,165, and therefore within the limit.
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
12. RECESS TO CLOSED SESSION
The City Council recessed to a Closed Session at 5:52 p.m. for the following purposes:
a. Public Employee Performance Evaluation pursuant to Government Code Section 54957.
Title: City Manager
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6
City's designated representative: City Attorney David De Berry
Unrepresented employee: City Manager John Sibley
c. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
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CITY COUNCIL MINUTES
June 24, 2008
13. ADJOURNMENT
The City Council adjourned at 7:30 p.m.
The next Regular Council Meeting is scheduled for July 8, 2008
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular
meeting of June 24, 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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