Council Minutes 06/28/11APPROVED BY THE CITY COUNCIL JULY 12, 2011
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING June 28, 2011
The City Council of the City of Orange, California convened on June 28, 2011 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 Rich Jacobs, Finance Director
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Carolyn Cavecche
1.3 ROLL CALL
PRESENT - Smith, Cavecche, Dumitru, Bilodeau
ABSENT - Whitaker
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Proclamation for Parks and Recreation Month
Presentation of Retirement Resolutions to:
• Greg Soliz
• Ronald Acosta
• Darrelynn Smith
Recognition of Employee Service
2. PUBLIC COMMENTS —
Mary Dargatz, commended the city for the traveling Vietnam Memorial Wall at Yorba
Park, noting it was organized well and created no impacts to the neighborhood.
Barry Cottle, presented a picture of the Citrus Grove Housing Project to the City.
Paize 1
CITY COUNCIL MINUTES
3. CONSENT CALENDAR
June 28, 2011
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 Confirmation of warrant registers dated June 9 and June 16, 2011.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of June 14, 2011. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 City Treasurer's Report, period ending May 31, 2011. (C2500.F)
ACTION: Received and filed.
AGREEMENTS
3.5 Agreement with California Forensic Phlebotomy (CFP), Inc. for evidence taking
in incidents that involve DUI and Drugs for the Police Department. (A2100.0 Agr-
1626.N)
ACTION: Approved the agreement with CFP, Inc. in an amount not to exceed $123,000
and authorized the Mayor and City Clerk to execute on behalf of the City.
Page 2
CITY COUNCIL MINUTES June 28, 2011
3. CONSENT CALENDAR (continued)
3.6 Agreement with Pestmaster Services Inc. for Weed Abatement Services in the
amount of $67,500. (A2100.0 Agr- 5320.C)
ACTION: Approved the agreement with Pestmaster Services, Inc. and authorized the
Mayor and City Clerk to execute on behalf of the City.
3.7 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. AVAR Construction
b. County of Orange — related to Woolsey claim
NOTE: Councilmember Bilodeau recorded an abstention on item b
due to a possible employment conflict.
C. Maria Salvati
ACTION: Denied the Claim(s) for damages and referred to City Attorney and
Adjuster.
3.8 Award of Contract — Bid No. 101 -39; Citywide Striping, Pavement Markings and
Raised Pavement Markers. (A2100.0 Agr -5785)
ACTION: Awarded contract in the amount of $194,054.00 to Orange County Striping
Service of Orange, CA; and authorized the Mayor and City Clerk to execute on behalf
of the City.
CONTRACTS
3.9 Contract Change Order No. 1 and Final — Bid No. 101 -06; Fire Station No. 4 Site
Improvements Project. (A2100.0 Agr -5669)
ACTION: Approved Contract Change Order No. 1 And Final in the amount of
$25,550.36 to C.A. Granger Construction, Inc.
3.10 Final Acceptance of Bid No. 101 -06; Fire Station No. 4 Site Improvements -
project performed by C.A. Granger Construction, Inc. (No staff report required.)
(A2100.0 Agr -5669)
ACTION: Accepted public work improvements, authorized release of the Contractors
Bonding and Insurance Company, of Washington, Bond No. CF 1625 in the amount of
$109,052 to the contractor on said job, and authorized the Mayor and City Clerk to
execute the Notice of Completion.
Page 3
CITY COUNCIL MINUTES June 28, 2011
3. CONSENT CALENDAR (continued)
PARCEL MAP
(REMOVED AND HEARD SEPARATELY)
3.11 Approval of Parcel Map No. 2010 -140. (C2500.M.16.2)
Discussion — In response to a question by Councilmember Bilodeau, City Engineer
Frank Sun clarified that Park Lane is a collector street and requires a 60 -foot street
right -of -way.
MOTION
- Cavecche
SECOND
- Smith
AYES
- Smith, Cavecche, Dumitru
NOES
- Bilodeau
ABSENT
- Whitaker
Moved to approve the Parcel Map No. 2010 -140 and accept the dedication of street
right -of -way on Park Lane.
MOTION
- Dumitru
SECOND
- Smith
AYES
- Smith, Cavecche, Dumitru, Bilodeau
ABSENT
- Whitaker
Councilmember Bilodeau recorded an abstention on Item 3.7(b) due to a possible
employment conflict; Item No. 3.11 was removed and heard separately; All other
items were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR CAVECCHE - None
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Dumitru — Renaming of the Taft Branch Library. (Continued
from June 14, 2011.)
MOTION
- Dumitru
SECOND
- Cavecche
AYES
- Smith, Cavecche, Dumitru, Bilodeau
ABSENT
- Whitaker
Moved to continue to July 26 meeting.
Page 4
CITY COUNCIL MINUTES June 28, 2011
5. REPORTS FROM COUNCILMEMBERS (Continued)
OFF - AGENDA ITEMS -
Councilmember Dumitru — Requested staff to review current ordinance on the prohibition of
fireworks to be brought back to Council in next couple of months.
Councilmember Bilodeau — Requested staff review possible consolidation of Council's Boards,
Commissions, and Committees, and provide Council briefings.
Mayor Cavecche stated that the Traffic Commission and the Community Development Block
Grant Committees provide an annual report to Council.
Mayor pro tem Smith stated she would like to know staff s opinion on the committees' value in
their assistance on City business, as well as function of committees, frequency of meetings,
amount of staff time involved, how long committees have been in existence, and how and who
they report to.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS
7.1 FY 2011 -12 Community Development Block Grant (CDBG) Program Revised
Funding Recommendations. (C2500.G.1.3)
Discussion - Housing Manager Mary Ellen Laster provided the staff report, reporting that with
the lower, revised amount to be distributed, the CDBG committee reconvened to recommend a
redistribution of the program funds.
Councilmember Dumitru clarified with staff that Paint Your Heart Out was now a valid 501c3
committee with the State of California.
Ms. Laster responded to Council's concerns and explained the committee's approach in
allocating funds based on program parameters. She stated the reasons for the three non - profits
not receiving funding. She also confirmed that the funded non - profits serve Orange residents.
Speakers —
Ann Worley, Mariposa Women's Center - spoke on their program not receiving funding
Cynthia Drury, Friendly Center - expressed appreciation for funding
Gabrielle Hass, YWCA - spoke on their program not receiving funding
Page 5
CITY COUNCIL MINUTES June 28, 2011
7. ADMINISTRATIVE REPORTS (Continued)
Mayor pro tem Smith stated her hope that at the next allocation cycle the three non - profits that
are not being funded in this allocation cycle, would be reviewed and considered if their
applications warranted.
MOTION
- Dumitru
SECOND
- Bilodeau
AYES
- Smith, Cavecche, Dumitru, Bilodeau
ABSENT
- Whitaker
Moved to: 1) Approve the revised funding recommendations of the CDBG Program
Committee for the City's FY 2011 -12 CDBG Program; 2) Authorize staff to request and
receive the FY 2011 -12 CDBG entitlement in the amount of $1,197,252 from the United States
Department of Housing and Urban Development (HUD), and rebudget $135,235 of CDBG
funds from prior years for a total FY 2011 -12 CDBG budget of $1,332.487; and 3) Authorize
the City Manager or his designee to execute FY 2011 -12 Memoranda of Understanding with
City Departments, Subrecipient Agreements with nonprofit agencies, and all related CDBG
Program documents.
7.2 Agreement with ACS State and Local Solutions, Inc. for Information Technology
Services. (A2100.0 Agr -5700)
Discussion - Assistant City Manager Rick Otto gave the staff report, stating that the
renegotiated contract will save the City over one million dollars compared to current rate;
provides an enhanced level of service; and is committed to fostering a spirit of innovation in
technology capabilities. He thanked the committee comprised of the Fire Chief, Finance
Director, and Library Director for their assistance.
MOTION
- Bilodeau
SECOND
- Dumitru
AYES
- Smith, Cavecche, Dumitru, Bilodeau
ABSENT
- Whitaker
Moved to approve agreement and authorize the Mayor and City Clerk to execute on behalf of
the City.
8. REPORTS FROM CITY MANAGER - None
Page 6
CITY COUNCIL MINUTES
9. LEGAL AFFAIRS
June 28, 2011
9.1 ORDINANCE NO. 5-11 (SECOND READING) (A2500.0 Business License)
An Ordinance of the City Council of the City of Orange Amending Title 5 of the Orange
Municipal Code Relating to Business Licenses.
Discussion — Mayor Cavecche reminded staff that Council has questions and concerns on other
business license issues, and asked for briefings in the near future.
MOTION
- Cavecche
SECOND
- Smith
AYES
- Smith, Cavecche, Dumitru, Bilodeau
ABSENT
- Whitaker
Moved that Ordinance No. 5 -11 be adopted by the preceding vote.
10. PUBLIC HEARINGS
10.1 LANDSCAPE MAINTENANCE DISTRICT 86 -2 (SANTIAGO HILLS).
(L1200.0)
Time set for a public hearing to consider the Engineer's Report for the Annual Assessment for
Landscape Maintenance Assessment District 86 -2, which is located within the Upper Peters
Canyon Specific Plan Area (Santiago Hills).
NOTE: Staff requested a continuance to July 12, 2011 at 4:30 p.m.
MOTION
- Bilodeau
SECOND
- Smith
AYES
- Smith, Cavecche, Dumitru, Bilodeau
ABSENT
- Whitaker
Moved to continue to July 12, 2011 at 4:30 p.m.
10.2 LANDSCAPE MAINTENANCE DISTRICT 94 -1 (SYCAMORE CROSSING).
(L1200.0)
Time set for a public hearing to consider the Engineer's Report for the Annual Assessment for
Landscape Maintenance Assessment District 94 -1, which is located in the Sycamore Crossing
Tract.
NOTE: Staff requested a continuance to July 12, 2011 at 4:30 p.m.
Page 7
CITY COUNCIL MINUTES
10. PUBLIC HEARINGS (Continued)
MOTION
- Bilodeau
SECOND
- Smith
AYES
- Smith, Cavecche, Dumitru, Bilodeau
ABSENT
- Whitaker
Moved to continue to July 12, 2011 at 4:30 p.m.
10.3 FISCAL YEAR 2011 -2012 BUDGET. (C2500.J.1.1)
Time set for public hearing to consider the City of Orange FY 2011 -12 Budget.
June 28, 2011
Discussion — Finance Director Rich Jacobs provided a staff report, stating that the adoption of
this resolution continues the current operating budget into the next fiscal year, and that
consideration of the FY 11 -12 budget will be brought back probably in late August.
THE MAYOR OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, THE
MAYOR CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 10561
A Resolution of the City Council of the City of Orange Continuing said City's Operating
Budget for the Fiscal Year 2010 -2011 into Fiscal Year 2011 -2012 and Adopting the Capital
Improvement and Debt Service Budgets for the Fiscal Year 2011 -2012.
MOTION
- Smith
SECOND
- Cavecche
AYES
- Smith, Cavecche, Bilodeau
NOES
- Dumitru
ABSENT
- Whitaker
Moved to adopt Resolution No. 10561, and approve the proposed staff time account
distribution funding changes.
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
Page 8
CITY COUNCIL MINUTES
June 28, 2011
12. 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: Chief Negotiator Jeffrey Freedman, Assistant City Manager Rick Otto,
Human Resources Director Steven Pham, and Assistant Human
Resources Director Mike Harary.
Employee Organizations: Orange City Fire Fighters and all Misc. Bargaining Groups.
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 7:30 p.m.
There was no 7:00 p.m. session. The next regular City Council meeting is scheduled for
Tuesday, July 12, 2011 at 4:30 p.m.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of June 28, 2011 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; and available at the Civic Center City Clerk's Office.
i
MA RPHY
'CITY CLERK
Page 9