HomeMy WebLinkAbout01-27-2009 Council MinutesAPPROVED BY THE CITY COUNCIL ON FEBRUARY 10, 2009
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING January 27,2009
The City Council of the City of Orange, California convened on January 27,2009 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 Ric Olsen, The Beacon
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Denis Bilodeau
1.3 ROLL CALL
PRESENT -ABSENT -
Smith, Murphy,
Cavecche, Bilodeau Dumitru (arrived
at 4:50 p.m.)1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation from
Orange County Supervisor Bill Campbell - Santiago Creek Bike Trail North Project.
Presentation from the
Trauma Intervention Program.Presentation of Employee
Service Awards.2. PUBLIC COMMENTS -
Marilyn Moore, reported that
singers from the City of Orange, under the direction of Mike Short, will be
performing at Carnegie Hall in May.Jay Hernandez, American Cancer
Society, reported on the Cancer Society Relay for Life on May 2
and 3, at Orange High School.Pae:e 1
CITY COUNCIL MINUTES January 27, 2009
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 January 8 and 15, 2009.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting January 13, 2009.
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 December 31, 2008.
C2500.F)
ACTION:Approved.
AGREEMENTS
REMOVED AND HEARD SEPARATELY)
3.5 License Agreement with Orange County Water District (OCWD) for access onto
real property owned by OCWD to construct Phase 1 of the Santiago Creek Bike
Trail North Project from Collins Avenue to Cannon Street. (A2100.0 Agr-
5373)Discussion - Councilmember Bilodeau reported that the majority of this trail is on
Orange County Water District right-of-way and that the District will maintain
a large portion of
the trail.MOTION -
Bilodeau SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION:
Approved License Agreement and authorized the Mayor and City Clerk to execute
on behalf of the City.Page
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CITY COUNCIL MINUTES January 27,2009
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
3.6 Agreement with County of Orange for the allocation of OC Parks funding of
2,358,000 for the Santiago Creek Bike Trail North Project from Collins Avenue
to Cannon Street. (A2100.0 Agr-
5374)MOTION - Cavecche
SECOND - Bilodeau AYES -
Smith, Murphy, Cavecche, Bilodeau ABSENT - Dumitru (
arrived after consideration of this item)ACTION: Approved the
Agreement and authorized the Mayor and City Clerk to execute the Agreement
on behalf of the City.3.7 2008
Urban Areas Security Initiative (UASI) Grant - Santa Ana/Anaheim Urban Area Training Allocations. (A2100.
0 Agr-5375)ACTION: 1) Approved
the Agreement between the City of Orange and the City of Anaheim in an
amount not to exceed $59,381.09 and authorized the Mayor and the City Clerk to execute
the agreement on behalf of the City, and 2) Appropriated $59,
381.09 from the General Fund as follows:100-4081-429400-
2322 $7,186.25 Police-Homeland Security-
Discretionary Training 100-4081-429400-2323 $28,
744.98 Police-Homeland Security-Regional Training
100-3023-429400-2322 $4,689.97
Fire-
Fire Training-Discretionary Training 100-3023-429400-2323 $18,759.89 Fire-Fire Training-
Regional Training APPROPRIATIONS 3.8 Appropriate funds and authorize payment
of $84,425
to the Serrano Heights Community Association for the completion of grading
improvements for Tract 16131. (T4000.0)ACTION: Appropriated funds and authorize payment
of $84,425 from
unallocated General Fund reserves to the Serrano Heights Homeowners Association for the grading improvements of Tract 16131.3.
9 Request to accept into the City's revenue budget and to
appropriate $5,000 from a federal Library Services and Technology Act (
LSTA) grant to fund the local history project, Shades of Orange - EI Modena Barrio. (C2500.
I)ACTION: 1) Accepted into the City's
revenue budget the $5,000 grant from the California State Library into Account
100-2001-261500-9933 (Eureka Leadership Grant), and 2) Appropriated $
3,000 of the grant funds to Account 100-
2017-441101-
CITY COUNCIL MINUTES January 27,2009
3. CONSENT CALENDAR (Continued)
3.10 Award of Hazardous Materials Emergency Preparedness Grant to the Orange
City Fire Department. (C2500.H)
ACTION: Authorized the acceptance of the Hazardous Materials Emergency
Preparedness Grant; and appropriated $9,050 from Account 100-
3012-264950-2537 Other Grant Revenue) to Account 100-
3012-426700-2537 (
Fire
Prevention -Professional Contractual Services).BIDS 3.11 Bid No. 089-20; Approval of plans
and specifications, and request authorization to advertise for bids for the
construction of Community Development Block Grant CDBG) FY 08-
09 Orange Senior Center Improvements. (C2500.M)ACTION: Approved plans
and specifications and authorized advertising the
CDBG 08-09 Orange Senior
Center Improvements project.3.12 CLAIMS (C3200.0)SUMMARY: 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. Maria Gutierrez-Martinez b. Ben and Christi Wilkinson ACTION: Denied Claim(s)
for
damages and referred to City Attorney and Adjuster.CONTRACTS 3.13 Final Acceptance of
Bid No. 078-60; SP-3653; EI Modena Park Electrical Panel.The Contractor
on said job was RMF Contracting, Inc. dba
R&M Electrical Contracting. (No staff report reQuired) (A2100.
0 Agr-5290)ACTION: Accepted public work improvements, authorized release of Developer Surety
and Indemnity Company of Iowa, Bond No. 78655P in the amount of 142,806.00,
and
authorized the
CITY COUNCIL MINUTES January 27, 2009
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
3.14 Award of Bid 089-16 to California Seagrave for one Fire Apparatus (
Ladder)Truck; Award of Bid 078-16 to California Seagrave for two Fire
Pumper Trucks;and Award of Bid 089-15 for one Sport Utility Vehicle
to Selman Chevrolet.Request for approval of a Capital Lease (loan) Agreement to borrow $
2,167,131 from the Fire Development Impact Fee Fund (560) to be repaid
by the Equipment Replacement Fund (720) over five years, with the interest equal to
the annual rate of return on City
investments. (C2500.H)NOTE: Councilmember Murphy abstained from voting on this issue due
to a potential conflict of interest with his
wife's employment.ACTION: Authorized purchase of one Fire Apparatus Truck, two
Fire Pumper Trucks,and one Sport Utility Vehic1e in the amount of $2,167,131; and
approved the loan agreement between the Equipment Replacement Fund and
the Fire Development Impact Fee Fund for a period of five
years
with interest.REPORTS 3.15 Report on City Manager Goals for
2009. (C2500.E)ACTION:
Received
and Filed.RESOLUTIONS 3.16 RESOLUTION NO. 10352 (
S4000.S.4)A Resolution of the City Council of the City of Orange
summarily ordering the vacation of a street or highway abutting State College Boulevard and
the Santa Ana Freeway but reserving all public
utility easements therein.ACTION: Adopted
Resolution No. 10352.REMOVED
AND HEARD SEPARATELY)3.17 RESOLUTION NO.
10353 (D4000.0)A Resolution of the City Council of the City of Orange finding
that certain City-owned real property located at 2935 E. Walnut Avenue in the City of Orange
is surplus to the City's needs and authorizing the sale
thereof to Gamaliel Vasquez.Discussion - Council questioned certain aspects of the sale regarding
the City's decision to sell the parcel, the expense for improvements being borne by
the City, and plans for the adjacent areas north and south
of the
CITY COUNCIL MINUTES January 27,2009
3. CONSENT CALENDAR (Continued)
Public Works Interim Director, Joe DeFrancesco reported that the parcel was a
maintenance and code enforcement problem, and was no longer needed by the City. He
added that the costs included widening the street for emergency vehicle access.
Real Property Representative, Mark Winters further explained the plans for a sidewalk
and driveway apron on the north side, noting that the property to the south, which is
City-owned property, was planned as a staging area to the pedestrian bridge to
Grijalva
Park.Council clarified with staff the zoning designation as residential, the difference
between the sale price of the property with and without improvements, and the need to
obtain further information on this
transaction.MOTION - Cavecche
SECOND - Smith AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Continued
to no date certain TRAFFIC SAFETY
3.18
City Traffic Commission Activity Report for 2008. (ORI800.0.19)ACTION: Received
and Filed.MOTION - Murphy
SECOND - Smith AYES -
Smith, Murphy, Cavecche,
Dumitru, Bilodeau Items 3.5, 3.6
and 3.17 were removed and heard separately. Councilmember Murphy recorded an abstention on Item
3.14. All other items were approved as recommended END OF CONSENT CALENDAR Page
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CITY COUNCIL MINUTES January 27, 2009
4. REPORTS FROM MAYOR CA VECCHE
4.1 Council Reorganization (C2500.D)
MOTION - Cavecche SECOND -
Bilodeau AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved to appoint
Councilmember Teresa Smith as Mayor pro tern.5. REPORTS FROM
COUNCILMEMBERS - None 6. REPORTS FROM BOARDS,
COMMITTEES, AND COMMISSIONS - None 7. ADMINISTRATIVE REPORTS 7.1
Report by David
DeBerry, City Attorney - CHOC Acquisition of Real Property by Eminent Domain. (Continued from January
13, 2009) (C2500.M.14)RESOLUTION NO. 10344 A Resolution of
the City Council
of the City of Orange Consenting to Children's Hospital of Orange County Acquisition of Property by
Eminent Domain of Certain Leasehold Interests in Real Property Located at 1201 West
La Veta Avenue in the City of Orange.NOTE: Councilmember Bilodeau abstained from any
discussion on this item due to a potential conflict of interest with his employer.
A letter was submitted on behalf
of CHOC requesting a continuance to February 10,2009.MOTION - Cavecche SECOND - Smith AYES -
Smith,
Murphy, Cavecche, Dumitru
ABSTAIN - Bilodeau Moved
to continue to February 10,2009.
Page 7
CITY COUNCIL MINUTES January 27,2009
8. REPORTS FROM CITY MANAGER
8.1 Update on the status of the current Fiscal Year 08-09 Budget. (C2500.E.
4)Discussion - City Manager, John Sibley gave a report on the economic impacts being
experienced by the City and their effects on the budget.
Deputy City Manager, Rick Otto provided Council an updated financial report for FY 2008-
09;updated projections for FY 2009-10, noting that 5% reductions are being looked
at by departments to assist in closing an anticipated $10 million gap; feasibility of
a voluntary furlough program, noting that this would be challenging to implement; the impacts
of frozen positions; and the distribution of a $2 million reduction in FY
2008-09 Budget.Mayor Cavecche asked if additional cutbacks in the current
budget were planned.Mr. Otto stated that traditionally $3 million dollars of expenditures is
returned every year.City Manager, John Sibley reported that barring unforeseen changes, the current
year's budget is balanced. He added that the City was
maintaining catastrophic reserves.Councilmember Dumitru asked about the possibility of the
voluntary furlough program becoming mandatory. Mayor Cavecche asked how a furlough program
would be implemented.Mr. Otto responded that there is a general understanding and acceptance
of a mandatory furlough by employees. City Manager, John Sibley stated that a process
called Meet and Consult would have to occur with each employee union prior to
a mandatory furlough.Councilmember Murphy stated that actions for cost savings and reductions
should occur as soon as possible, suggesting April 1 rather than waiting
until July 1.Mayor Cavecche stated that she viewed this as an 18-month
process-using the next six months to address the upcoming FY 2009-10 budget, and reduce
the current budget as much as possible. She will be looking for cost savings to close
the anticipated $10 milliongap between revenue and expenditures - and continuing to provide
services while being
fiscally responsible.MOTION -
Murphy SECOND - Cavecche AYES - Smith, Murphy, Cavecche,
Dumitru, Bilodeau Moved to: 1) Receive and file Report; and 2) Authorize the following transfers
to Non Departmental, Account No. 100-0000-430000-0006 (Departmental
Savings
for FY
CITY COUNCIL MINUTES January 27, 2009
8. REPORTS FROM CITY MANAGER (Continued)
a. $231,485 in inter-fund transfers from the following CIP
projects:100,000 in savings from the Emergency Generators project, Account No.
500-
3021-481301-2404;31,485 in savings from the West Net Boxes & Zoning Timers project,
Account No.
500-3021-481301-2405; and 100,000 in savings from the cancellation of the CIP
project to relocate the Watch Commander'
s Office, Account No. 725-4021-481105-2113.b. $1,768,515 in additional
transfers from various General Fund
operating line items.9. LEGAL AFFAIRS - None 10. RECESS
TO
THE MEETING OF THE ORANGE
REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 5:50 p.m. to
a Closed Session for the following purposes:a. Conference with Real Property Negotiators
pursuant to Government Code
Section 54957.6:Property: 206 S. Center
City Negotiators: John Sibley and
Rick Otto Under Negotiation: Price and terms b. Conference with Labor Negotiator
pursuant to Government Code Section 54957.6.
City Negotiator: Steven
Pham and John Sibley Employee organization: All c. Conference with Legal
Counsel regarding anticipated litigation pursuant to
Government Code Section 54956.9. One case.d. 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
CITY COUNCIL MINUTES January 27, 2009
12. ADJOURNMENT - TheCity Council adjourned at 9:35 p.m.There
is no 7:00 p.m. Session scheduled. The next Regular Council Meeting is scheduled for February
10,2009.Declaration
of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular
meeting of January 27, 2009 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.CITY
CLERK
C E
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