9/9/2008 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON SEPTEMBER 23, 2008
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING September 9, 2008
The City Council of the City of Orange, California convened on September 9, 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 Bob Burris, Taft Avenue Community Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Carolyn V. Cavecche
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Announcement - lih Annual Inner-Coastal Watershed Clean-up Day.
2. PUBLIC COMMENTS - None.
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September 9,2008
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 August 7 and 14, 2008.
ACTION: Approved.
3.2 Request approval of City Council Minutes, Regular Meeting dated August 26,
2008. (C2500.D.4)
ACTION: Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 Second Amendment to Agreement with Rengel + Co. Architects to approve
change orders that update the 3-D building renderings and incorporate ceiling
design modifications at the Grijalva Park at Santiago Creek Gymnasium Sports
Center. (A2100.0 Agr-4904.2)
ACTION: Approved the Second Amendment to Agreement No. 4904; and Authorized
the Mayor and City Clerk to execute the amendment on behalf of the City.
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3. CONSENT CALENDAR (Continued)
BIDS
3.5 Approval of Plans and Specifications and Authorization to Advertise for Bids:
Bid No. 089-09; Data Center Emergency Power Project. (C2500.M)
ACTION: Approved plans and specifications and authorized advertising for the Data
Center Emergency Power Project.
3.6 Rejection of Bids - Bid No. 078-56; Mid-Size SUV for the Fire Department.
(C2500.H)
ACTION: Rejected all Bids for Bid No. 078-056 for Mid-size SUV for the Fire
Department.
3.7 CLAIMS (C3200.0)
The following c1aim(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 c1aim(s) be
denied.
a. Joshua G. Booty
b. Robert Swanson
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.8 Award of Contract; Bid No. 089-02; Jewell Street and Maple Avenue Sewer
Improvements Project. (A2100.0 Agr-5323)
RECOMMENDED ACTION: I) Appropriated $73,000 from the CDBG Contingency
account 310-9645-491300-1070 to 310-9645-483300-5506 for the construction costs of
the Jewell and Maple Sewer Improvements; and 2) Awarded the contract to L & S
Construction in the amount of $164,700 and authorized the Mayor and City Clerk to
execute on behalf of the City.
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3. CONSENT CALENDAR (Continued)
3.9 Award of Contract; Bid No. 078-54; Purchase of two Caterpillar Backhoe Loaders
and one Caterpillar Skip Loader. (C2500.M)
ACTION: 1) Awarded contract to Quinn Company in the amount of $280,904.25 and
authorize the Mayor and City Clerk to execute on behalf of the City; and 2) Authorized
the City Manager to surplus the replaced backhoes and skip loader.
3.10 Final Acceptance of Bid No. 078-59; Annual Slurry Seal at Various Locations, FY
2007-08 - Pavement Coatings Company (No staff report required).
(A2100.0 Agr-5291)
ACTION: Accepted public work improvements, authorized release of First National
Insurance Company of America of Washington Bond No. 6481032 in the amount of
$509,932.00 and authorized the Mayor and City Clerk to execute the Notice of
Completion.
3.11 Final Acceptance of Bid No. 078-23; Main Library & History Center Site
Improvements (No staff report required). (A2100.0 Agr-5184)
ACTION: Accepted public work improvements, authorized release of Developers
Surety and Indemnity Company Bond No. 733636P in the amount of $47,125.00 and
authorized the Mayor and City Clerk to execute the Notice of Completion.
3.12 Contract Change Order No.1 and Final; Bid No. 078-59; Fiscal Year 2007-08
Phase II Annual Street Maintenance Program - Slurry Seal at Various Locations.
(A2100.0 Agr-5291)
ACTION: Approved Contract Change Order No. I and Final III the amount of
$70,267.50 to Pavement Coatings Company.
RESOLUTIONS
3.13 RESOLUTION NO. 10284 (Continued from August 26, 2008) (A2500.0)
A Resolution of the City Council of the City of Orange updating fees for the
Transportation Systems Improvement Program and amending and revising the Master
Schedule of Fees and Charges as authorized by Orange Municipal Code Chapter 3.10
pertaining to said fees.
NOTE: Councilmember Bilodeau recorded an abstention vote on this item.
ACTION: Approved.
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3. CONSENT CALENDAR (Continued)
VOTING DELEGATE
(REMOVED AND HEARD SEP ARATEL Y)
3.14 League of California Cities Annual Conference Resolutions. (ORI800.0.12)
Discussion - Mayor pro tern Dumitru confirmed with staff that no travel expenses
would be incurred with Councilmember Bilodeau's attendance at this Conference; and
if necessary, staff could bring back additional information, at the September 23rd
Council meeting, on the Resolutions to be considered.
MOTION - Dumitru
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ACTION: Authorized Councilmember Denis Bilodeau to vote on each Policy
Resolution that goes to the League of California Cities General Assembly at the 2008
Annual Conference.
MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Councilmember Bilodeau recorded an abstention vote on Item 3.13. Item 3.14 was
removed and heard separately. All other items on the Consent Calendar were approved
as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR CA VECCHE - None.
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5. REPORTS FROM COUNCILMEMBERS
Off- Agenda Items -
Councilmember Bilodeau asked staff to bring back a report on the possibility of allowing one-
time adjustments on water bills for extreme circumstances.
Mayor pro tern Dumitru asked staff to provide a memo to Council on the status of the
implementation of the EMS system.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS
7.1 Report on Request for Proposals (RFP) for Integrated Solid Waste Management
Services. (Continued from August 26, 2008) (C2500.M.l)
Discussion - Council discussed various aspects of the RFP:
· Requiring replacement of old equipment, e.g. roll-off bins, carts, etc.
· Requiring vehicles to be compliant with clean air standards
· Modification of RFP requiring an increase of fees to consultant
· Incentives to encourage higher diversion rates
· RFP process being open and competitive
HF&H Consultants indicated that the consultant's contract contingency would cover the
changes being proposed to the draft RFP.
Councilmember Smith stated she was not in favor of separating the residential and commercial
hauling contract. She indicated that only four cities in Orange County have separate services
and that it led to a more complex contract administration process. She added that separating
the contract would delay the bidding process and be more expensive.
Mayor pro tern Dumitru requested information on both a combined and separate residential and
commercial contracts and stated his support for a competitive process, indicating his support
for Option 2 as presented in the report, which allows for a possible bifurcated Residential and
Commercial Franchise.
Mayor Cavecche stated her support for open competitive bidding, noting that the contract
would require an Enterprise Account and that the business community and the Chamber of
Commerce must be able to provide feedback to the City. She added her support for a possible
bifurcated Residential and Commercial franchise.
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7. ADMINISTRATIVE REPORTS (Continued)
Councilmember Murphy supported the establishment of the Enterprise Account. He stated that
30 cities in Orange County have one combined residential and commercial waste hauling
contract. He stated support for option 1 as presented in the report, which allows for a
combined Residential and Commercial Franchise.
Councilmember Bilodeau stated that feedback from the business community and the Chamber
be considered for an open competitive bidding process. He indicated support for the bifurcated
proposal.
HF &H Consultants stated that it would take 60 days to amend the RFP for consideration by
Council.
Mayor Cavecche stated the need to define residential and multi-family terms and her
preference not to require clean air quality vehicles, but to allow the bidding companies to
propose their vehicle types to allow for innovation in addressing clean air standards.
Mayor Cavecche commended the Public Works staff on their work.
MOTION - Bilodeau
SECOND - Cavecche
AYES - Cavecche, Dumitru, Bilodeau
NOES - Smith, Murphy
Moved to modify the RFP to direct proposers to submit a proposal for residential collection,
commercial collection or both, allowing for a possible bifurcated Residential and Commercial
Franchise; to return the RFP to Council within 60 days for further review.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 11-08 (SECOND READING) (A2500.0 Family, Definition)
An Ordinance of the City Council of the City of Orange amending Section 17.04.025 of
Orange Municipal Code Relating to the Definition of Family.
MOTION - Dumitru
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 11-08 be read by title only and same was approved and adopted by
the preceding vote.
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September 9,2008
9. LEGAL AFFAIRS (Continued)
9.2 ORDINANCE NO. 14-08 (SECOND READING) (C2300.E GPA-2007-0004)
An Ordinance of the City Council of the City of Orange approving the reclassification of
approximately 2.1 acres of property from M-l (Light Manufacturing) to R-3 (Multiple-Family
Residential) located at 1120 North Lemon Street.
Zone Change 1247-07
Applicant: Orange Housing Development Corporation and C&C Development Corporation
MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 14-08 be read by title only and same was approved and adopted by
the preceding vote.
9.3 ORDINANCE NO. 15-08 (SECOND READING) (C2300.E GP A-2006-0001)
An Ordinance of the City Council of the City of Orange approving the reclassification of
approximately 45.7 acres of property from Rl-40 (Single-Family Residential) to PI (Public
Institution) located at 7845 East Santiago Canyon Road.
Zone Change 1244-06
Applicant: Roman Catholic Diocese of Orange
MOTION - Dumitru
SECOND - Murphy
AYES - Murphy, Cavecche, Dumitru, Bilodeau
ABSTAIN - Smith
NOTE: Councilmember Smith abstained due to a conflict with her employment.
Moved that Ordinance No. 15-08 be read by title only and same was approved and adopted by
the preceding vote.
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9. LEGAL AFFAIRS (Continued)
9.4 ORDINANCE NO. 16-08 (SECOND READING) (A2500.0 Ord-16-08 Registered
Sex Offenders)
An Ordinance of the City Council of the City of Orange amending Title 9 of the Orange
Municipal Code by adding Chapter 9.10 regulating Registered Sex Offenders.
MOTION - Dumitru
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 16-08 be read by title only and same was approved and adopted by
the preceding vote.
10. PLANNING AND ENVIRONMENT
10.1 Administrative Report on Current Regulations and the Use of Artificial Turf in
the City of Orange. (C2500.G.2.0)
Discussion - Community Development Department Assistant Director, Ed Knight gave the
staff report, reviewing various options available to the Council.
Councilmember Bilodeau warned that, as a boardmember on the Orange County Water
District, if the drought continues, water rationing will be required and for that reason he
favored artificial turf.
Councilmember Smith did not support its use in the Old Towne Historic District, and stated her
preference for drought tolerant landscaping in front yards.
A question arose as to how landscaping and artificial turf would affect historic structures.
MOTION - Cavecche
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to direct staff to prepare necessary amendments to the Zoning Code to allow for
artificial turf; to be brought back through the hearing process.
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11. PUBLIC HEARINGS
11.1 ORDINANCE AMENDMENT - OFF-STREET PARKING AND LOADING
REQUIREMENTS. (A2500.0 Ord-17-08 Parking)
Time set for public hearing to consider an ordinance amending Chapter 17.34 of the Orange
Municipal Code modifying the City's Off-Street Parking and Loading requirements.
Discussion - Community Development Department Principal Planner, Anna Pehoushek gave
the staff report.
Councilmember Bilodeau stated that the City's parking standards are inadequate and compared
them to other cities.
Council discussed options of increasing required parking spaces based on rooms or square
footage, and that the City's current policy is that tandem parking does not count towards the
parking requirement; as well as the need to address parking for day care and other temporary
events at churches. It was further clarified that the City requires extra parking when homes are
remodeled to add extra bedrooms.
Mayor Cavecche asked for information on why additional parking would be required for a
remodeled home, as this may be impossible on some houses.
MAYOR CA VECCHE OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, MAYOR CA VECCHE CLOSED THE PUBLIC HEARING.
MOTION - Bilodeau
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to find the ordinance categorically exempt from the prOVISIOns of the California
Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15305.
ORDINANCE NO. 17-08 (~IRST READING)
An Ordinance of the City Council of the City of Orange amending Chapter 17.34 of the
Orange Municipal Code to modify the City's Off-Street Parking and Loading requirements.
MOTION - Bilodeau
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 17-08 be read by title only and same was set for second reading by the
preceding vote; with changes to the Apartments, Condominiums and PUD Section to reflect 2.4
spaces per unit for 3 or more bedrooms, and a minimum of .4 spaces per unit for guest parking.
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12. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
13. RECESS TO CLOSED SESSION
The City Council recessed at 6: 10 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 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.
14. ADJOURNMENT - The City Council adjourned at 6:50 p.m.
There was no 7:00 p.m. Session. The next Regular City Council meeting is scheduled for
September 23,2008.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of September 9, 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.
. MURPHY
CITY CLERK
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