9/23/2008 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON OCTOBER 14,2008
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
September 23,2008
The City Council of the City of Orange, California convened on September 23, 2008 at 4:30
p.m. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange,
California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Father Vincent Pham, La Purisima Catholic Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Jon Dumitru
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau (Arrived at 5:00 p.m.)
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Recognition to Police Chief Robert Gustafson, recipient of the William H. Spurgeon III
A ward.
Recognition to the City of Orange Finance Department, recipient of the Certificate of
Achievement Award for Excellence in Financial Reporting.
Recognition to the City of Orange Purchasing Division, recipient of the Achievement
of Excellence in Procurement Award.
Recognition to the City of Orange Budget Management Team, reCIpIents of the
Government Finance Officers Association Distinguished Budget Presentation Award.
Recognition to Orange Public Library's 2008 teen volunteers from the Summer
Reading Club.
Presentation of Employee Service Awards.
2. PUBLIC COMMENTS - Lorina Smith, Second Harvest Food Bank, spoke on the 10th
Annual City-wide Food Drive during the month of October.
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September 23,2008
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 21, 28 and
September 4, 2008.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, September 9, 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 August 31, 2008.
(C2500.F)
ACTION:
Approved.
3.5 Receive and file the Investment Oversight Committee's Report, period ending
August 31, 2008. (ORI800.0.27.13)
ACTION:
Approved.
AGREEMENTS
3.6 Fifth Amendment to Attorney Services Agreement with the Law Firm of Rutan &
Tucker to provide legal services in relationship to the City's defense of a CEQA
challenge filed against the City's approval of the East Orange development.
(A2100.0 Agr-4798.5)
ACTION: Approved and authorized the Mayor and City Clerk to execute the Fifth
Amendment to Agreement with Rutan and Tucker, LLP.
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September 23,2008
3. CONSENT CALENDAR (Continued)
3.7 Replace Claims Management Services, CMS, which provided Third Party
Administration services for our Workers' Compensation Benefit Program.
(A2100.0 Agr-0233.F)
ACTION: Accepted the three year optional agreement using AdminSure for the City's
third party administration for Workers' Compensation.
3.8 Second Amendment to Agreement for traffic signal and street lighting emergency
response services. (A2100.0 Agr-4739.2)
ACTION: Approved the Second Amendment to the Agreement with Republic Electric
in the amount of $40,000.00; and authorized the Mayor and City Clerk to execute on
behalf of the City.
APPROPRIA TIONS
3.9 Request to accept into the City's revenue budget and to appropriate an $11,291.00
donation from the Friends of the Orange Public Library for a variety of items.
(C2500.I)
ACTION: Accepted into the City's revenue budget an $11,291.00 donation from the
Friends of the Orange Public Library, into Account No. 100-2001-293900-9990
(Friends of the Library Donations); and appropriated the Friends' donation to Account
No. 100-2001-440000-9990 (Materials & Supplies).
BIDS
3.10 Approval of plans and specifications and authorization to advertise for bids: Bid
No. 089-11; EI Modena Library Rehabilitation Project. (C2500.M)
ACTION: Approved plans and specifications and authorized advertising for bids for
the EI Modena Library Rehabilitation Project.
CONTRACTS
3.11 Award of Contract to upgrade emergency eye wash stations and shower
equipment at Water Division well site facilities; Bid No. 089-07. (C2500.P)
ACTION: Approved the contract with Lab Safety Supply (LSS) Inc. in the amount of
$32,497.00; and authorized the Mayor and City Clerk to execute the contract.
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3. CONSENT CALENDAR (Continued)
3.12 Final Acceptance of Bid No. 078-50; CDBG 07-08 - Street Rehabilitation: Park
Central Avenue 1 & 2, Park Hyde Street, EI Rancho Avenue, Fondren Street, and
Park Griffith Avenue. Contractor: All American Asphalt, Inc. (No staff report
reQuired) (A2100.0 Agr-5281)
ACTION: Accepted public work improvements, authorize release of Fidelity and
Deposit Company of Maryland, Bond No. 08903537 in the amount of $394,394.00 and
authorized the Mayor and City Clerk to execute the Notice of Completion.
RESOLUTIONS
3.13 RESOLUTION NO. 10323
A Resolution of the City Council of the City of Orange revising the Conflict of Interest
Code for the City of Orange. (A2500.0 Conflict of Interest)
ACTION: Approved.
MOTION - Murphy
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR CA VECCHE - None.
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
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7. ADMINISTRATIVE REPORTS
7.1 Report on Affordable Housing Loan Agreement by and among the Orange
Redevelopment Agency, the City of Orange, and Citrus Grove, LP regarding their
proposal to develop a 57-unit rental housing project, located at 1120 N. Lemon St.
(A2100.0 Agr-5325)
(See related Redevelopment Agency Minutes Item No. 7.1.)
RESOLUTION NO. 10328
A Resolution of the City Council of the City of Orange approving an Affordable Housing Loan
Agreement by and among the Orange Redevelopment Agency, the City of Orange, and Citrus
Grove, LP relating to 1120 North Lemon Street and making certain findings.
MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to:
1) Approve Resolution No. 10328;
2) Authorize the transfer of $1,434,000 from the following accounts to Account 317-9660-
485701-9232 (HOME-Citrus Grove [1120 N. Lemon St.] Loan) for the project: $269,701 from
account 317-9660-485100-1210 (HOME Community Housing Development Organization
[CHDO] Funds), and: $1,164,299 from Account 317-9660-485100-1250 (HOME Developer
Funds); and
3) Appropriate $266,000 from the Unreserved Fund balance in the HOME Fund to Account
317-9661-485701-9232 (HOME-HOME Program Income-Citrus Grove [1120 N. Lemon St.]
Loan) for the project.
7.2 Report on Final Relocation Plan for Citrus Grove, LP, regarding their 57-unit
rental housing development, located at 1120 N. Lemon St. (C2500.G)
(See related Redevelopment Agency Minutes Item No. 7.2.)
MOTION - Cavecche
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to approve the Final Relocation Plan for Citrus Grove LP.
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8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 17-08 (SECOND READING) (A2500.0 Ord-17-08 Parking)
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 - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to continue to October 14,2008.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
11. RECESS TO CLOSED SESSION
NOTE: The City Council did not recess
a. 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.
12. ADJOURNMENT - The City Council adjourned at 5:15 p.m.
There was no 7:00 p.m. Session scheduled. The next Regular City Council meeting is
scheduled for October 14,2008.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of September 23, 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.
~c~~
, CITY CLERK
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