HomeMy WebLinkAbout04-13-2010 Council MinutesAPPROVED BY THE CITY COUNCIL ON APRIL 27, 2010
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
April 13, 2010
The City Council of the City of Orange, California convened on April 13, 2010 at 4:30 p.m. in a
Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:3~ P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Pastor Frank Riley, River 47 Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Jon Dumitru
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Recognition of
Orange Leadership Academy Graduates Presentation of
Proclamation recognizing Arbor Day Presentation from
Southern California Edison 2. PUBLIC
COMMENTS -None Page 1
CITY COUNCIL MINUTES
3. CONSENT CALENDAR
April 13, 2010
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 March 18, 25, and April 1, 2010.
ACTION: Approved.
3.2 City Council Minutes Regular Meeting of March 23, 2010; Study Session of March
23, 2010; and Special Meeting of March 31, 2010. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 Amendment No. 1 to Agreement No. 3553.I with Judicial Data Systems Corporation
to process parking citations issued by the Police Department. (A2100.0 Agr-
3553.I.1)
ACTION: 1) Approved Amendment No. 1 to Agreement No. 3553.I and authorized the
Mayor and City Clerk to execute on behalf of the City; and 2) approved appropriation
transfer of $12,000 from 100.4032.51670 (Gangs Other Professional and Consulting
Services) to 100.4041.51670 (Traffic Other Professional and Consulting Services).
3.5 Agreement with RBF Consulting for professional engineering services for the design
of the East Chapman Traffic Signal Coordination Project. (A2100.0 Agr-
5546)ACTION: Approved the agreement with RBF Consulting in an amount not to
exceed 61,995.00, and authorized the Mayor and the City Clerk to execute on behalf of
the
City.PAGE
CITY COUNCIL MINUTES April 13, 2010
3. CONSENT CALENDAR (Continued)
APPROPRIATIONS
3.6 Hart Park Emergency Electrical Repairs. (C2500.M.4.9)
ACTION: Appropriated $31,917 from the unreserved fund balance of the Park
Acquisition and Development Fund (Fund 511) to Account 511.7021.51401 (Repairs to
Equipment).
BIDS
3.7 Bid No. 090-36; Annual Pavement Maintenance Project at Various Locations,
Fiscal Year 2009-10 Phase I. Approval of Plans and Specifications and
authorization to advertise for bids. (54000.
5.7)ACTION: Approved plans and specifications and authorize advertising for bids
for the Annual Pavement Maintenance Project at Various Locations, FY 2009-
10,
PhaseI.CONTRACTS 3.8 Award of Contract for Bid No. 078-55 to Irv Seaver Motorcycles
of Orange, CA to purchase three BMW police
pursuit motorcycles. (C2500.K)ACTION: 1) Authorized purchase of three BMW police
pursuit motorcycles from Irv Seaver Motorcycles of Orange, CA for $76,101.08; and 2)
Authorized the City Manager to
surplus the replaced vehicles.3.9 Award of Contract for Bid No. 090-26;
Americans with Disabilities Act (ADA)Wheelchair Access Ramps at Various Locations
FY 2009-10. (A2100.0 Agr-5547)ACTION: Awarded the contract in the amount
of $66,075 to Kormx, Inc., and authorized the Mayor and City Clerk to execute
the
necessarydocuments on behalf of the City.3.10 Award of Contract for Bid
No. 090-27; Annual Concrete Replacement at
Various Locations, Fiscal Year 2009-10. (A2100.0 Agr-5548)ACTION: Awarded a contract in
the amount of $291,300 to C J Concrete Construction,Inc. 10142 Shoemaker
Avenue, Santa Fe Springs, CA 90670, and authorized the Mayor and
the City
CITY COUNCIL MINUTES April 13, 2010
3. CONSENT CALENDAR (Continued)
3.11 Award of Contract for Bid No. 090-33; Construction of Storm Drain
Improvements in Chapman Avenue at Crawford Canyon Road/Cannon Street Project. (A2100.
0
Agr-5549)ACTION: Awarded the contract in the amount of $183,220 to KZC, Inc.,
and authorized the Mayor and City Clerk to execute on behalf of
theCity.3.12 Final Acceptance of Bid No. 090-04; Cambridge
Street Rehabilitation AHRP Project (from Walnut Avenue to Collins Avenue and from Katella
Avenue to Meats Avenue). (No staffreport required.) (
A2100.0 Agr-5469)ACTION: Accepted public work improvements, authorize
release of Travelers Casualty and Surety Company of America, Bond No. 105294001 in theamountof $
1,212,702.00;and authorized the Mayor and City Clerk to execute
theNotice of Completion.3.13 Final Acceptance of Bid No. 090-14:
Street Rehabilitation Project, CDBG-R Fiscal Year 2008-09. (
No staff report required.) (A2100.0 Agr-5510)ACTION: Accepted
public work improvements, authorize release of Fidelity and Deposit Company of Maryland, BondNo. 08950537
in the amount of $274,724.00; and authorized the Mayor and
City
Clerkto execute the Notice of Completion.PURCHASES 3.14 Purchase of
five Police
Vehicles
through a cooperative purchasing agreement.C2500.K)ACTION:1) Authorized the purchase of
four Dodge Charger police pursuit vehicles and one Dodge Charger gang unit
vehicle fromMcPeek Dodge of Anaheim, CA for 136,057.93 through a
cooperative purchasing
agreement with the City of Los Angeles, CA;2) Authorized the outfitting of four police
pursuit vehicles and one gang unit vehicle by Hi-Standard of Orange, CA, perBid No.
089-03 in the amount of $44,986.27; and
3)
Authorizedthe City Manager to surplus the
replaced vehicles.RESOLUTIONS 3.15 RESOLUTION NO. 10441 (C2500.J)A Resolution of the City
Council of the City of Orange expressing appreciation to Bill Hintz and
commending him
for thirty
CITY COUNCIL MINUTES April 13, 2010
3. CONSENT CALENDAR (Continued)
3.16 RESOLUTION NO. 10443 (C2500.M.16)
A Resolution of the City Council of the City of Orange finding and determining that the
public interest, convenience and necessity require the acquisition for public purposes of
property located at 350-352 S. Main Street and authorizing the execution of
escrow instructions
therefore.ACTION:
Approved.3.17 RESOLUTION NO. 10445 (C2500.M.
16)A Resolution of the City Council of the City of Orange finding and determining that
the public interest, convenience and necessity require the acquisition for public purposes
of property located at 185 S. Main Street and authorizing the execution of
escrow instructions
therefore.ACTION:
Approved.3.18 RESOLUTION NO. 10449 (C2500.M.
16)A Resolution of the City Council of the City of Orange finding and determining that
the public interest, convenience and necessity require the acquisition for public purposes
of property located at 290 S. Main Street and authorizing the execution of
escrow instructions
therefore.ACTION:
Approved.MOTION
Bilodeau SECOND
Smith AYES Smith, Cavecche, Dumitru,
Bilodeau ABSENT
Murphy All items on the Consent Calendar were approved as
recommended.END OF CONSENT
CALENDAR 4. REPORTS FROM MAYOR CAVECCHE -
None PAGE
CITY COUNCIL MINUTES April 13, 2010
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Jon Dumitru -Request to send letter of support for AB 2121 (Harkey)
High Speed Rail.
Discussion -Councilmember Dumitru stated that if this bill passes, the high speed rail program will
be defended. He stated his support for the defending due to the high cost of the rail, now estimated
in the billions; and his opposition to the need to take property along the proposed route for related
parking structures proposed for the northwest end of the city.
Speakers:
Jennifer Labrado, representing the High Speed Rail Authority, spoke in opposition to the bill.
Justin Smith, representing Assemblywoman Harkey, spoke in support of the bill.
Michael Merino, Orange resident, spoke in support of the bill.
Councilmember Bilodeau stated his support for AB2121.
Mayor pro tem Smith stated that the voters had approved Proposition lA for the financing of the
project; and that if proceedings for eminent domain of property were needed, the Council would
have the opportunity to consider the matter. She further added that she could not support the letter.
Mayor Cavecche requested a copy of the map of the proposed route; stated the need for further
information; and that she would be voting to abstain.
MOTION Dumitru
SECOND Bilodeau
AYES Dumitru, Bilodeau
NOES Smith
ABSTAIN Cavecche ABSENT
Murphy Moved
to direct the City Attorney to draft a letter for the two signatures of Councilmembers Dumitru
and Bilodeau in favor of supporting AB2121. The letter shall reflect the vote of the City
Council.Announcements -
Councilmember Bilodeau
announced that he and Mayor Cavecche attended a groundbreaking for a new
park in Anaheim, abutting Orange, which will provide 160 acres of open space for the public's
enjoyment.Councilmember Bilodeau
announced that the city's informationtechnology RFP was being let;and, if
needed, he could support a 90 day time extension for staff to review the RFPs.6. REPORTS
FROM BOARDS, COMMITTEES, AND COMMISSIONS -None PAGE R
CITY COUNCIL MINUTES
7. ADMINISTRATIVE REPORTS
7.1 Renewal of agreement with Maris Imaging Solutions, LLC (Mari
ongoing digital archiving of Building Division paper records along with
digital imaging conversion for the Building Division microfiche records.
5226.C)
MOTION Dumitru SECOND
Bilodeau AYES
Smith, Cavecche, Dumitru, Bilodeau ABSENT
Murphy April
13, 2010 s
Imaging) for completion
of A2100.
0 Agr-Moved
to approve agreement with Maris Imaging Solutions, LLC; appropriate $110,000 from the
unreserved fund balance of the Building Records Management Fee to Account 110-6031-
51670 (Other Professional and Consulting Services); and authorize the Mayor and City Clerk to
execute the agreement on behalf of the City.
7.2 Financial impact of City's Mills Act Program 1999 to 2010 tax years. (C2300.I.2)
Discussion -Community Development Department Director Alice Angus provided a staff report
indicating that this program, implemented in 1998, provides an incentive to the Old Towne area
homeowners to rehabilitate and maintain their properties upholding the Secretary of the Interior's
standards for an Historic District. She also noted the huge benefit to the city's economy through
the program fees and hiring of local businesses.
Speakers -Speaking in support of the program.
Michele Carder
Michael Ochs
Al Ricci
Sue Vaurs
Councilmember Bilodeau stated his support for the program as a motivator for upkeep of historic
homes; interest in knowing the program's financial implications to the city in loss of revenue;
and noted he liked the way the City of Anaheim administered their program to sign contracts
after the rehabilitation occurred. He further noted possible abuses of the program and suggested
an ad hoc committee be appointed to review options to address policy issues.
Mayor pro tem Smith stated that the program has benefitted the city with increased property
values, adding that the Old Towne area is on the National Historic Registry; that she supports
going forward on the three applications currently in process; noted the possibility of limiting the
number of applicants in future years with re-evaluation in a year based on the economy; and
her agreement to sit on the ad hoc
committee.PAGE
CITY COUNCIL MINUTES April 13, 2010
7. ADMINISTRATIVE REPORTS (Continued)
MOTION Bilodeau
SECOND Smith
AYES Smith, Cavecche, Dumitru, Bilodeau
ABSENT Murphy
Moved to receive and file the financial report and provide staff direction on any possible
modifications to Mills Act Program to reduce financial impacts of program.
7.3 Report from Fire Chief on proposed City of Orange Fire Department budget
reduction plan. (C2500.H)
Fire Chief Lewis provided a power point presentation, outlining goals, current and suggested
staffing levels with various scenarios, and projected expenditures and savings.
In response to Council questions, he reported it would take approximately four months to
implement proposed changes, outlined annual one-time expenditures for each scenario,
and noted that Option 1 would retain the current six firefighter vacancies, Option 2 would retain
the current plus three additional vacancies, and Option 3 would retain the current plus 6
additional vacancies, explaining that Stations 7 and 8 have the lowest call volume in the city. He
further reported there would be a net increase in positions, but payroll costs would drop because
vacant firefighter positions would be replaced with non-
safety drivers.City Manager John Sibley noted there needs to be further fiscal analysis on
this report.Council agreed they would like the fiscal analysis done as quickly as possible and tied
into the current budget as much
as possible.Councilmember Dumitru stated that switching to four-person staffed
Advanced Life Support ALS) engines, the improved response times, and dropping the cost of
running an ambulance service were big benefits to the
proposed reorganization program.Mayor Cavecche indicated that, if necessary, consideration of the use of a
consultant was an option to assist in
the fiscal analysis.Council expressed support for the program's purported cost savings and increased
safety value to the residents; and directedthe City Manager's office to come back on May 11 with
a timeline on performing the analysis, and requested briefings
in the interim.8. REPORTS FROM
CITY MANAGER -
CITY COUNCIL MINUTES April 13, 2010
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 1-10 (SECOND READING) (A2500.0 Ord-
O1-
10 Massage Establishments)An Ordinance of the City Council of the City of OrangeAmending Chapter 5.56
of the Orange Municipal Code Regulating the Licensing and Operation
of Massage Establishments.
MOTION - Dumitru
SECOND -Smith AYES -Smith, Cavecche,
Dumitru, Bilodeau
ABSENT -Murphy Moved that Ordinance No. 1-10 be read by title only and same was approved and
adopted by
thepreceding vote.9.2 ORDINANCE NO. 4-10 (FIRST READING) (
A2500.
0 Ord-04-10 Graffiti Removal)An Ordinance of the City Council of theCity of Orange Amending
Chapter 8.37 of the Orange Municipal
Code Relating to
Removal of
Graffiti.MOTION Dumitru SECOND Smith
AYES Smith,
Cavecche, Dumitru, Bilodeau ABSENT Murphy Moved that Ordinance No. 4-10 be read by title only and same was
set for
secondreading by the preceding vote.9.3RESOLUTIONNO.
10438 (C2500.J.1.0.1)A Resolution of the City Council of the City of Orange
Amending the Master Schedule of Fees and Charges for Services of Removing
Graffiti on
Public and
Private Property.MOTION Smith SECOND
Cavecche AYES
Smith, Cavecche, Dumitru, Bilodeau ABSENT Murphy
Moved to
CITY COUNCIL MINUTES April 13, 2010
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 7:40 p.m. to a Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: City Manager John Sibley
Deputy City Manager Rick Otto
Human Resources/Employee Relations Director Steven Pham
Assistant Human Resources Director Mike Harary
Employee Organizations: All Bargaining Units
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.
PACE 10
CITY COUNCIL MINUTES April 13, 2010
7:00 P.M. SESSION
12. PUBLIC COMMENTS -Alfredo Luvano spoke on concerns of former Waste
Management Company employees.
13. PUBLIC HEARINGS
13.1 FY 2010-11 COMMUNITY DEVELOPMENT BLOCK GRANT (
CDBG)PROGRAM; AND HOME INVESTMENT PARTNERSHIPS ACT (HOME)
PROGRAM.C2500.G.1.3 Agr-3218.x;
3987.x)Time set for public hearing to consider allocation of CDBG funds; and allocation
of HOME funds for affordable
housing projects.Discussion -Senior Housing Manager Mary Ellen Laster gave the
staff report.THE MAYOR OPENED THE
PUBLIC HEARING.Speakers - in support of
funding Eva Perez, CDBG Committee
Chairperson Sue Counts, Assistance League of
Orange Cathy Seelig, Friendly
Center THE MAYOR CLOSED THE PUBLIC
HEARING.PROJECTS/
PROGRAMS
Amount
Requested
Committee
Recommendation
ADMINISTRATION 20% Budget Cap is $ 287,
218 City
Departments Economic
Development Program
Administration Salaries & Benefits, Maintenance & Operations, and Contingency)258,438 258,
438 City Departments Administration Subtotal 258,
438 258,
438 Nonprofit
Agencies Orange County Fair Housing Council28,780 28,
780 Nonprofit Agencies Administration
Subtotal28,78028,
780 ADMINISTRATION TOTAL 287,218 287,
218 PAGE
CITY COUNCIL MINUTES
13. PUBLIC HEARINGS (Continued)
April 13, 2010
PUBLIC FACILITIES/IMPROVEMENTSlREHABILITATION
Budget is $ 1,116,370
FY 2010-11 $944,702 Grant + $171,668 Re-bud
eted Funds
City Departments Public Works (projects listed in
priority order)Palmyra Avenue Rehabilitation -James Street to Esplanade Street 123,000
123,000 Norwood Street Rehabilitation -Burly Avenue to PalmyraAvenue 43,330
43,330 Burly Avenue Rehabilitation -Norwood Street to eastend27,2$0
27,250 Alanda Avenue Rehabilitation -Norwood Street to east end 22,']2Q
22,720 Century Drive Rehabilitation -James Street to ThomasStreet 21,000
21,000 Thomas Street Rehabilitation -Palmyra Avenue to CenturyDrive 62,000
62,000 Old Towne Street Lighting -Almond Avenue -Olive Street to Cypress
Street & Lemon Street -Almond Avenue to Palm raAvenue 100,000
100,000 Lemon Street Rehabilitation -Palmyra Avenue to La VetaAvenue 131,970
131,970 Olive Street Localized Reconstruction -Palm Avenue to Maple Avenue 150,$001$
0,$00 Lemon Street Localized Reconstruction -Palm Avenue to MapleAvenue 19'],320
197,320 ADA Access Ramps- Citywide 200,000
200,000 City DepartmentsFacilities/Improvement/Rehabilitation Subtotal1,079,3901,
079,390 Non rofit
A envies Helping Our Mentally Ill Experience
Success, Inc.Rile HouseRehabilitation 9,980
9,980
Olive Crest Wheeler HouseRefurbishment 7,000
7,000 Paint Your Heart
Out, Inc.Oran e PaintDa 20,000
20,000 Nonprofit Agencies PublicFacilities/Improvements/
Rehabilitation Subtotal 36,980
36,980 PUBLICFACILITIES/
IMPROVEMENTS/
REHABILITATIONTOTAL1,116,3701,
116,370
PROJECTS/
PROGRAMS
Amount
Requested
Committee Recommendation
PUBLIC SERVICES 15% Bud et Cais $
215,413
City Departments
Community Services After-SchoolCommunity Programs - El Camino, Prospect/Crijalva, & Killefer 43,170
43,
170 Police Bike Team Program 120,000
120,000 Ciry Departments Public Services Subtotal 163,170
163,170
CITY COUNCIL MINUTES
13. PUBLIC HEARINGS (Continued)
April 13, 2010
Non rofit A encies
Assistance League of Orange
Operation School Bell 6,000 6,000
Friendly Center, Inc.
Emergency Assistance and Supplemental Food Programs 10,000 10,000
Lestonnac Free Clinic
Bridge to Care 10,000 0-
Mariposa Women and Family Center
Family Mental Health Counseling Program 7,500 7,500
Women's Transitional Living Center, Inc.
Independence from Dependence 10,000 10,000
YWCA Central Orange County
First Steps at Beverly's House 7,500 7,500
Nonprofit Agencies Public Services Subtotal 51,000 41,000
PUBLIC SERVICES TOTAL 214,170 204,170
GRAND TOTAL 1,617,758 1,607,758
MOTION Dumitru SECOND
Smith AYES
Smith, Cavecche, Dumitru, Bilodeau ABSENT
Murphy Moved
to approve the committee's recommendations.Community
Development Block Grant Program 1)
Approve the funding recommendations of the CDBG Program Committee and staff for the City'
s FY 2010-11 CDBG Program;
2) Authorize staff to request and receive its FY 2010-11 CDBG entitlement of $1,436,
090 from the United States Department of Housing and Urban Development (HUD) and
rebudget 171,668 of CDBG funds from prior years for a total FY 2010-11 CDBG Program
budgetof1,
607,758.3) Authorize the City Manager or his designee to execute the FY 2020-
11 CDBG Program Grant Agreement and all related documents on behalf of
the City; and 4) Authorize the City Manager or his designee to execute FY
2010-11 Memoranda of Understanding with City Departments, Sub-recipient
Agreements with nonprofit agencies, and
all related CDBG Program documents.
HOME Investment Partnerships Act Program 1) Authorize staff to request and receive its FY
2010-11 HOME entitlement from HUD;2) Authorize the City Manager or his designee to
execute -the FY 2010-11 HOME Program Grant Agreement and all
related documents
CITY COUNCIL MINUTES April 13, 2010
13. PUBLIC HEARINGS (Continued)
13.2 CITY OF ORANGE GENERAL PLAN 2006-2014 HOUSING
ELEMENT,GENERAL PLAN AMENDMENT NO. 2009-OS AND
MITIGATED NEGATIVE DECLARATION NO. ENV 1822-
09. (C2300.E)Time set for public hearing to consider adoption of the updated General Plan
Housing Element in accordance
with State law.Discussion -Senior Planner Jennifer Le gave
the staff report.Mayor Cavecche asked if the Planning Commission and City Council decisions
to move around the housing stock, when recently updating the General Plan, had
caused any issues.Ms. Le stated that the change in the number of units available in the Urban Mixed
Use and other zones still showed adequate capacity to meet the Regional Housing
Needs Assessment (RENA)allocation, so it did not become an
issue for certification.THE MAYOR OPENED
THE PUBLIC HEARING.THERE BEING NO SPEAKERS, THE MAYOR CLOSED
THE PUBLIC HEARING.
RESOLUTION NO. 10444 A Resolution of the City Council of the City of Orange approving
and adopting Mitigated Negative Declaration No. 1822-09 and General Plan Amendment
No. 2009-05, adopting the
2006-2014 General Plan
Housing Element.
Applicant: City
of Orange MOTION Bilodeau SECOND
Smith AYES
Smith, Cavecche, Dumitru, Bilodeau ABSENT Murphy
Moved to approve Resolution No.
10444.14.
CITY COUNCIL MINUTES
15. ADJOURNMENT
April 13, 2010
The City Council adjourned at 8:45 p.m. to an Adjourned Regular Meeting Study Session on
Tuesday, April 27, 2010 at 3:00 p.m. in the Weimer Room, Orange City Hall, to review the
Proposed FY 2010-11
Budget.The next Regular Council Meeting is scheduled for Tuesday, April 27th at 4:30 p.
m.Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of
a regular meeting of April 13, 2010 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.M
MURPHY ITY
CLERK PAGE