HomeMy WebLinkAbout11-12-2008 Council MinutesAPPROVE BY THE CITY COUNCIL ON NOVEMBER 25, 2008
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING November 12, 2008
The City Council of the City of Orange, California convened on November 12, 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 Nora Jacob, Library Services Director
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Teresa Smith
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Bilodeau ABSENT -
Dumitru 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of
the Orange County Human Relations Commission Annual Report from Commissioner Vincent
De Vargas.2. PUBLIC
COMMENTS -Michael Silva, address
on file, spoke on the Mello-Roos fees at the Del Rio development Cornelio
Atadero,
address on file, spoke on the Mello-Roos fees at the Del Rio development.
Page
1
CITY COUNCIL MINUTES November 12,2008
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 October 23 and 30,
2008.
ACTION: Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of October 28, 2008.
C2500.D.4)
ACTION: Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 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. James B. Carruthers
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.5 Award of Contract; Bid No. 089-06 Fairhaven Avenue and Prospect
Street Sidewalk Replacement Project (SP-3663). (A2100.
0 Agr-5349)ACTION: Awarded contract in theamount of $40,440 to
Belaire-West Landscape of Buena Park and authorized the Mayor and City Clerk to execute on
behalf of
CITY COUNCIL MINUTES November 12,2008
3. CONSENT CALENDAR (Continued)
3.6 Award of Contract; Bid No. 089-09 Data Center Emergency Power
Project.A2100.0
Agr-5350)ACTION: Awarded contract in the amount of $245,400 to Stars Electric of
San Diego and authorized the Mayor and City Clerk to execute on behalf of
the
City.FACILITIES 3.7 Request for early closure of the Orange Public Library facilities to the
public on Wednesday, November 26, 2008, the evening before Thanksgiving Day. (
C2500.I)ACTION: Approved closure of Orange Public Library facilities to the public at
6:00 p.m. Wednesday, November
26,
2008.PURCHASES 3.8 Purchase of 30 tasers, holsters and cartridges from Proforce Law
Enforcement as a sole source vendor. (
C2500.K)ACTION: Appropriated $26,200 to Account 355-
4011-471301 (Federal Asset Forfeiture-Administration-Equipment) for the
purchase of 30 tasers, holsters and cartridges from Pro force Law
Enforcement as a sole source vendor.3.9 Purchase of Police Department uniforms
and accessories from Galls, Inc. through
a cooperative purchasing agreement. (C2500.K)ACTION: Authorized purchase of Police Department
uniforms from Galls, Inc.
in
the amount of $80,000.RESOLUTIONS 3.
10 RESOLUTION NO. 10335 (C2500.I)A Resolution of the City Council of the City
of Orange expressing appreciation to Nora Jacob and commending her for over
8 years
ofloyal and
CITY COUNCIL MINUTES November 12,2008
3. CONSENT CALENDAR (Continued)
3.11 RESOLUTION NO. 10336 (C2500.J.4.2.1)
A Resolution of the City Council of the City of Orange Establishing a Letter of
Understanding Between the City of Orange and the City of Orange Police Management
Association effective July 1, 2008 through June 30, 2011.
ACTION: Approved.
MOTION - Murphy SECOND -
Cavecche AYES - Smith,
Murphy, Cavecche, Bilodeau ABSENT - Dumitru All
items on the
Consent Calendar were approved as recommended.END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR
CA VECCHE - Mayor Cavecche, with the concurrence of the Council, asked that
a discussion on the City's business license ordinance be agendized for the December 9th Council
meeting.5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND
COMMISSIONS 6.1 Accept letter of resignation
from Paul Hughes, from the Library Board of Trustees, effective December 31,2008. (C2500.
I.2)MOTION - Cavecche SECOND - Bilodeau AYES - Smith,
Murphy, Cavecche, Bilodeau
ABSENT - Dumitru Moved
to accept the resignation from Paul
Hughes, from the
Library Board of Trustees,effective December 31, 2008.PAGE 4
CITY COUNCIL MINUTES November 12,2008
7. ADMINISTRATIVE REPORTS - None.8.
REPORTS FROM CITY MANAGER 8.
1 Report on the Budget for the Fiscal Year ending June 30, 2008 (FY 07-08); Update
on the status of the current Fiscal Year's Budget (FY 08-09); and a Look Ahead to FY
09-10. (C2500.E.
4)Discussion - City Manager, John Sibley provided the staff report stating that anticipated
reductions will create a balanced budget for 07-08; however, the FY 09-10 budget
will be affected by declining sales and property tax. It is projected that the shortfall for 09-
10 could be approximately 7 to 9 million dollars. He spoke on the possibility of
using fund balance reserves, but not
the catastrophic reserves.Sf. Assistant to the City Manager, Rick Otto stated that 13 positions
are being recommended for
a hiring freeze.Responding to a question by Councilmember Smith, Mr. Sibley stated the
hiring freeze could last until the
economic downturn reverses.Councilmember Smith requested a report with impacts on functioning
in each department without the frozen vacant position(s), cost savings and requested an evaluation
of the frozen positions on a regular basis. She further requested being included in, or
informed of, the discussions on CIP project deferrals; noting the importance of continuing to provide
a safe
and clean community.Councilmember Bilodeau commended the City Manager for addressing this
issue early on.Sr. Assistant to the City Manager, Rick Otto responded to a question by
Mayor Cavecche, that of the 13 positions being recommended for the freeze, two are at the
department head level.Finance Director, Rich Jacobs responding to a question from Mayor Cavecche,
stated that the CalPERS rates for FY 09-10 are slightly down and are expected to slightly
drop again for FY 10-11; however, FY 2011-12 could see increases of2% to
6%. He also informed Council that estimates for FY 09-10 revenues had been proj ected
six months ago, but staff
is currently working on updating these figures.Councilmember Murphy agreed with the idea
of a contingency plan for reallocating positions,suggesting the City establish a road map on how to broaden the
span of control as a way to economize. He proposed looking at reducing the number
of Council meetings from two to one per month, with the option of a second meeting
for an evening public hearing if necessary.Council discussed the idea of reducing the number of
meetings, that it could save staff hours which could be applied to other areas; but if there
were only one meeting per month, additional time would be needed to review agenda reports.
The Mayor also requested to know the number of public comment speakers
at Council
CITY COUNCIL MINUTES November 12, 2008
8. REPORTS FROM CITY MANAGER (Continued)
Mayor Cavecche asked for a report to determine if there is interest in a voluntary furlough, and
how a furlough plan is managed. She noted the importance of maintaining safety levels; that
projects continue efficiently through the Planning process; and that the City continue a
business friendly environment. She also indicated an unwillingness to freeze the Internal Audit
Manager position, stating that this position has a critical function in the checks and balances of
the City.
City Manager, John Sibley responded to questions regarding the Internal Audit Manager
position, stating that options for this position are being explored relative to contracting out;
part-time position; or use of a certified audit firm to perform the
duties.It was determined that the Internal Audit Manager position be removed from the hiring
freeze list and a report brought back in December with options on staffing this
position.MOTION - Murphy
SECOND - Smith AYES -
Smith, Murphy, Cavecche, Bilodeau ABSENT - Dumitru
ACTION: 1) Received
and filed report; 2) Directed the City Manager to implement a full hiring freeze with
the exceptions noted in the staff report; 3) Directed the City Manager to evaluate additional budget
reduction measures and return in January 2009 with recommendations; 4) Directed
the City Manager to prepare a report on the feasibility of one Council meeting per
month for all administrative items, with a second meeting held only for public hearings if
necessary; 5) Directed the City Manager to determine if there is interest by city employees in
a voluntary furlough program and what the impacts of that would be; and 6)Directed the City
Manager to remove the Internal Audit Manager position from the list of frozen positions until
a report is brought back on proposals for staffing this position.9. LEGAL AFFAIRS
9.1 ORDINANCE
NO. 18-08 (URGENCY) (A2500.0 Medical Marijuana Dispensaries)An Urgency
Measure of the City Council of the City of Orange Prohibiting the Operation and Establishment of
Medical Marijuana Dispensaries.Discussion - City
Attorney, David DeBerry stated the ordinance would clear up ambiguity on the issue; nine
other Orange County cities have adopted similar ordinances; and the initial moratorium will last
45 days, but can be extended up to a year, allowing staff to review the State Attorney General'
s opinion on the matter and whether further clarification on what is or is not allowed
by the City's ordinance is needed.PAGE Ii
CITY COUNCIL MINUTES November 12, 2008
9. LEGAL AFFAIRS
MOTION - Smith SECOND -
Murphy AYES - Smith,
Murphy, Cavecche, Bilodeau ABSENT - Dumitru Moved:
1) Urgency Ordinance
No. 18-08 be read by title only and same was approved and adopted by the
preceding vote; and 2) Directed staff to return with an ordinance amendment specifically prohibiting medical
marijuana dispensaries as a permitted use in any zone district.10. RECESS TO
THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO
CLOSED SESSION NOTE: The City
Council recessed at 5:35 p.m. The Council did not meet in Closed Session.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 7:00 P.
M. SESSION NOTE: Councilmember Bilodeau
was absent from the 7:00 p.m. session.12. PUBLIC COMMENTS -
None.13. PUBLIC HEARINGS - None.
14. PLANNING AND ENVIRONMENT 14.
1 Request for new
Neighborhood Parking Permit area along both sides of Citrus Street from Almond Avenue to
the southerly commercial property lines south of Chapman Avenue. (S4000.S.3.
1.2)Discussion - Beth Huber, Applicant, explained
there is no street parking available for residents throughout the day, possibly due to
businesses on Chapman Avenue.Councilmember Smith expressed concern that approving
this permit area may force cars to simply move to other streets; and
that the root problem seems to be lack of adequate parking for nearby businesses.PAGE 7
CITY COUNCIL MINUTES November 12, 2008
14. PLANNING AND ENVIRONMENT (Continued)
Council asked whether the petition for the Parking Permit area required signatures of property
owners or residents, which includes renters.
Staff determined that the Neighborhood Parking Permit Program requests a petition signed by
residents, and does not distinguish between owners and renters.
Councilmember Smith stated she would support this Resolution only because no one appeared
in opposition.
RESOLUTION NO. 10296
A Resolution of the City Council of the City of Orange rescinding Resolution No. 10231, and
adopting a Revised Master Resolution of Permit Parking Areas within the City of Orange.
MOTION - Cavecche SECOND -
Smith AYES - Smith,
Murphy, Cavecche ABSENT - Dumitru, Bilodeau
Moved to adopt Resolution
No. 10296.15. ADJOURNMENT The City
Council adjourned
at 7:35 p.m. The next regular Council Meeting is scheduled for November 25, 2008.Declaration
of City Clerk,
Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of November
12, 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; and available at the Civic Center City Clerk's Office.Page 8