HomeMy WebLinkAbout01-22-2008 Council MinutesAPPROVED BY THE CITY COUNCIL ON FEBRUARY 12, 2008
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING January 22, 2008
The City Council of the City of Orange, California convened on January 22, 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 Pastor Larry DiSimone, Calvary Chapel of the Canyons
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Teresa Smith
1.3 ROLL CALL
PRESENT -ABSENT -
Smith, Murphy,
Cavecche, Dumitru, Bilodeau None 1.
4
PRESENTA TIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of
Proclamation to Police Service Dog Niko, upon his retirement from servIce.Presentation
of
Resolution to Tara Finnigan for service to the City of Orange.Invitation from
Orange YMCA Longhouse Chief - Indy 500 race, Saturday, February 2nd.Presentation of Employee
Service Awards.The City Council
will adjourn in memory of Bea Vega, long time Orange resident and community volunteer.2.
PUBLIC COMMENTS -
Bob Holtzclaw, Lake Forest, thanked the City Council for the recently adopted solicitation
ordinance.Pal!e 1
CITY COUNCIL MINUTES January 22, 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 January 3 and 10,2008.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of January 8, 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 December 31, 2007.
C2500.F)
ACTION:Approved.
AGREEMENTS
3.5 Agreement for the transfer of ownership of the Police Service Dog, Niko, currently
assigned to the Police Department's Canine Team from the City of Orange to
Canine Officer Edward Uceda. (A2100.0 Agr-
5216)SUMMARY: Canine Officer Edward Uceda has been assigned to the
Police Department's Canine Team for the past four years with Niko as his canine
partner.Officer Uceda was recently transferred to the Investigative Services Division and
has assumed a new position not requiring the use of his canine partner, Niko. As Niko
has lived with the Uceda family for the past four years while Officer Uceda has been
the dog's handler, it is the Police Department's recommendation that his ownership
be transferred from the City of Orange to Officer Edward
Uceda.ACTION: Approved the Agreement transferring ownership ofNiko to Officer
Edward U
ceda.FISCAL IMP ACT: There will be no fiscal impact to the General
Fund.Pal!e
CITY COUNCIL MINUTES January 22, 2008
3. CONSENT CALENDAR (Continued)
3.6 Cooperation Agreement between the City of Orange and the Orange
Redevelopment Agency for the Housing Element Update. (A2100.0 Agar-
5217)See related Redevelopment Agency Minutes Item No. 3.
3.)SUMMARY: The City Council approved a consultant services agreement with
RBF Consulting on November 13, 2007 to update the City of Orange Housing
Element pursuant to State law. In order for a portion of the Housing Element Update costs to
be paid by the Orange Redevelopment Agency (Agency), the City Council and the
Agency Board of Directors must make certain findings and enter into a Cooperation
Agreement evidencing the financial obligation of the Agency. A companion item is on the
Agency
agenda.ACTION: Approved the Cooperation Agreement between the City of Orange and
the Orange Redevelopment Agency to enable the Agency to pay for a portion of the
costs associated with the Housing Element update; and Authorize the Mayor and City
Clerk to execute all necessary documents on behalf of the
City.FISCAL IMP ACT: Funds are available for the Housing Element Update as
follows:100-6011-426700-9797 General Fundi Prof. &
Consulting Services $49,700 941-9800-426700-9797 Merged
Housing
Fund/Prof. & Consulting Svs. $27,300 BIDS 3.7 Award of Bid No. 078-30 to ACS
for the purchase and installation
of 30 Cisco routers and switches. (C2500.E)SUMMARY: The
City's Information Technology network includes numerous Cisco routers and switches
that control data movement between desktop computers and network equipment. There are approximately
30 routers and switches that are at their end-of-life that need to
be replaced. Upgrading switches and routers help to ensure the City stays
current with up-
to-date technology thereby providing a more secure and effective
technology environment.Note: Councilmember Murphy abstained due to a possible employment conflict.ACTION:
Authorized purchase of 30Cisco
Routers and Switches from ACS in the amount of$139,272.43.FISCAL
IMPACT: Funds were
budgeted in FY 2007-08and
are currently available
CITY COUNCIL MINUTES January 22, 2008
3. CONSENT CALENDAR (Continued)
3.8 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. Mercury Casualty subrogee of Joan Temme-
Fitz ACTION: Denied Claim(s) for damages and referred to City Attorney and
Adjuster.
CONTRACTS 3.9 Contract Change Order No.1 and Final for Bid No. 078-02;
SP-3579; Meats Avenue Rehabilitation from Orange-Olive Road to Nordic
Street. (
A2100.0 Agr-5147)SUMMARY: This Contract Change Order authorizes payment for
extra work at agreed unit prices. The total cost for this change order
is $54,211.31.ACTION: Approved Contract Change Order No.1 in the amount of$54,211.
31 to R.J.Noble Company
for the extra work.FISCAL IMPACT: Funds are available in the Capital
Improvement Program
in the following account:272-5011-483300-3049 Gas Tax
Meats Ave: Orange-Olive to Nordic $182,000 3.10 Contract Change Order No. 1
and Final for Bid No. 078-06; Glassell Street Rehabilitation
AHRP Project from
Collins Avenue to Katella Avenue (SP-3577).A2100.0 Agr-5143)SUMMARY:
This final contract change order authorizes payment for extra work at contract unit prices
and agreed prices. The extra work is required for contract changes due to field
conditions. This change
order will increase the contract award amount by 67,945.69.
ACTION: Approved Final Contract Change Order increase for the amount of 67,945.69 to
All American Asphalt, 400 E. Sixth St., Corona, CA 92878, and authorized the Mayor
and the City Clerk to execute on behalf of the City.FISCAL IMP ACT:
Funds for
this Final Contract Change Order are available in the following accounts:272-
5011-483300-3053 Gas Tax 2105 Glassell St. (Katella to
Collins) $80,193.
CITY COUNCIL MINUTES January 22,2008
3. CONSENT CALENDAR (Continued)
3.11 Final Acceptance of Bid No. 078-01; SP-3575; Yorba Street
Rehabilitation AHRP from La Veta Avenue to Palmyra Avenue and authorization to file
Notice of Completion with the County Recorder (No staff report). (A2100.
0 Agr-5170)SUMMARY: Bid No. 078-01; SP-3575; Yorba
Street Rehabilitation AHRP from La V eta Avenue to Palmyra Avenue.
Staff recommends acceptance of improvements.The contractor on said job
was International Pavement Solutions, Inc.ACTION: Accepted public work improvements,
authorized release of Arch Insurance Company of Missouri, Bond No. SU 5024220 in the amount
of $180,846.00 and authorized the Mayor and City Clerk to
execute the Notice
of Completion.FISCAL IMPACT: None.3.12 Final Acceptance of Bid No. 078-08;
SP-3585; Poplar Street and Acacia Avenue Reconstruction CDBG Projects
and authorization to file Notice of Completion with the County
Recorder (No Staff report). (A2100.0 Agr-5144)SUMMARY: Bid
No. 078-08; SP-3585; Poplar Street and Acacia
Avenue Reconstruction CDBG Projects. Staff recommends acceptance of improvements.
The contractor on said job was R.J. Noble
Company.ACTION: Accepted public work improvements, authorized release of Travelers Casualty and Surety
Company of America of Connecticut,
Bond No. 104980423
in the
amount of$125,872.00 FISCAL IMPACT: None.PROPERTY SALE 3.13 Sale of surplus
property created from the widening of Cannon Street to
the adjacent parcel owners. (A2100.0 Agr-5218; 5219; 5220; 5221)SUMMARY: These
four surplus properties were created as a result of the ultimate widening of
the Cannon Street Realignment Project. Utilizing an outside appraisal of a
neighboring property, staff has appraised the properties and recommends selling them to the adjacent
property owners, as they have no identified need for City purposes.ACTION:
Authorized the Mayor and City Clerk to execute escrow and related documents regarding the
sale of four surplus properties on Cannon Street, created as a result of the Cannon
Street Realignment Project. Total sale price for
the four parcels
CITY COUNCIL MINUTES January 22, 2008
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Upon close of escrow, sale proceeds will be deposited to the
following account:
262-5011-291100-3427 Cannon
Street
Realignment Project RESOLUTIONS 3.14 RESOLUTION NO. 10247 (
C2500.M.1)A Resolution of the City Council of the City of Orange approving
the application for Grant Funds from the County of Orange Integrated Waste
Management Department for the implementation of an Enhanced Residential
Household Hazardous
Waste Collection Program.ACTION: I) Approved Resolution No. 10247; and 2) Appropriated $
40,000 in revenue received from the Integrated Waste Management Department
to Account 220-
5001-264600-4930 (County Grants).3.15
RESOLUTION NO. 10248 (C2500.H)A Resolution of the City Council of the City
of Orange expressing appreciation to Frank Frasz of the City of Orange Fire Department
and commending him for thirty-two
years of
loyal and dedicated service.ACTION: Approved.3.
16 RESOLUTION NO. 10249 (C2500.H)A Resolution of the City Council of the
City of Orange expressing appreciation to Thomas R. Groseclose of the City of Orange
Fire Department and commending him for thirty
years of
loyal and dedicated service.
ACTION: Approved.REMOVED AND HEARD SEPARATELY)3.
17 RESOLUTION NO. 10252 (C2500.G)A Resolution of the City Council of the City
of Orange expressing appreciation to Tara Finnigan for nine years of loyal and dedicated
service to the
City of Orange.
MOTION - Cavecche SECOND - Murphy AYES - Smith, Murphy,
Cavecche, Dumitru,
Bilodeau ACTION: Approved.
CITY COUNCIL MINUTES January 22, 2008
3. CONSENT CALENDAR (Continued)
MOTION - Murphy SECOND -
Dumitru AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Councilmember Murphy recorded
an abstention on Item 3.7 due to a potential employment conflict; Item
3.17 was removed and heard separately. All other items on the Consent Calendar
were approved as recommended.END OF CONSENT
CALENDAR 4. REPORTS FROM
MAYOR CA VECCHE - None.5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Smith -
Report on Old Towne Plaza Commercial District Parking. (S4000.S.9) TAPE
1100 Discussion - Councilmember Smith reported on
meetings conducted to address the parking problems being experienced by the businesses
in the Plaza. In addition to merchant participants, Chapman University, the Chamber of
Commerce and staff from the Economic Development Department identified the following:Issues -
Lack of directional signage resulting
in difficulty
in locating parking.Parking needs of employees versus retail businesses.
Non-customers taking advantage of parking.Paid
parking program.Permit parking program.
Prime parking spaces
taken early in
the day.Inadequate parking to meet demand of
mixed uses.Ideas -Charge for the most desirable
parking spaces
in the Plaza area.Negotiate with private lots for use of
spaces.Re-examine the operation of all city
parking lots.Economic Development Department Project Manager Barbara
Messick reported that a consultant had provided, at no charge,
a detailed analysis with the following ideas:Retain current time limits for parking
on-street and in parking lots.Need for dedicated signage program
to identify and direct to municipal parking lots.Implement paid parking program on
spoke streets and in municipal parking lots.Utilize Park-and-Pay and
Pay-and-Display technology instead of meters.Use
of valet parking program during high demand times.Pal!
e 7
CITY COUNCIL MINUTES January 22, 2008
5. REPORTS FROM COUNCILMEMBERS (Continued)
Ms. Messick reported on the potential revenue generation from a paid parking program, along
with the investment in equipment. She reported on other cities' practices and that their specific
programs to address downtown parking included businesses purchasing parking for their
employees and/or City residents purchasing passes to park without having to put money in
meters.
Councilmember Smith reported on additional proposed solutions:
Construction of a parking structure.
Joint-use of privately-owned
parking lots.Consolidation and re-design of public/
private parking lots.Establish a Business Improvement District to
fund business-related improvements.Institute a shuttle
service from outlying lots.Councilmember Smith stated that as a result of the collaboration, the
publication titled Map to Shopping, Dining, Services and Public Parking Destinations in Old
Town Orange had been created and feedback has been positive regarding its effectiveness. She
reported that the next step would be to conduct an outreach to all downtown businesses to
collect input. She asked for Council direction to staff to solicit feedback,
investigate solutions provided through feedback, retool current permit parking program, conduct further analysis
of a paid parking program, and look into a more efficient use
of existing downtown spaces.Council suggestions included looking at other parking configurations
such as head-in diagonal parking; more study needed for paid parking lots;
and encouraging public/
private partnerships for parking lots.Responding to Council questions, Councilmember Smith stated that
some of the prime spaces are taken by students who could be parking in the free lots designed
for all day stay; residents would receive consideration to park near their residence; and
parking meters are expensive to maintain and can be intrusive-preferring the newer
technology available at kiosks. It was noted that consideration of the recent Orange
County Transportation Authority (OCT A) funds for parking at the train station be
explored as part of
possible solutions.Off Agenda Item -Councilmember Bilodeau reported that Mayor pro tem Dumitru
had recently been awarded the 2007 Local Elected Official of the Year Award from
the Orange County Republican Party.6. REPORTS FROM BOARDS,
COMMITTEES, AND COMMISSIONS -
CITY COUNCIL MINUTES January 22, 2008
7. ADMINISTRATIVE REPORTS
7.1 Report from Finance Director - Master Schedule of Fees and Charges. (Continued from
December 11,2007) (C2500.J.1.0.1)SUMMARY:
This resolution approves the revision of the Master Schedule of Fees and Charges
based upon the results of an independent, outside fee update performed by M
uniF inancial.Discussion -
Finance Director Rich Jacobs summarized the fee changes and reported on two proposals received
in connection with the adoption of the master schedule. He reported that the Building
Industry Association requested the City collect Development Impact Fees at the time of
issuance of the Certificate of Occupancy rather than when the building permits are pulled.Mr.
Jacobs
also reported that the Apartment Owners Associations have proposed that the Annual Fire
Apartment Inspection fee be changed to $25 per dwelling unit and cap the fee at 1,950
for apartment complexes with 78 or more units.Speakers -Ray
Grangoff, Apartment
Association of Orange County Bryan Starr, Building
Industry Association of Orange County Mayor Cavecche proposed
a change to allow the fee for Vehicle ID verification to include verification of up
to three vehicles at the same time for non-dealers.RESOLUTION NO.
10250 A Resolution
of the City Council of the City of Orange Amending the Master Schedule of Fees and Charges
for Various Services and the Rental of Rooms and Equipment.MOTION - Bilodeau
SECOND - Cavecche AYES -
Smith, Murphy, Cavecche,
Bilodeau NOES - Dumitru Moved to adopt
Resolution No. 10250;
with a revision to the fee for Vehicle ID verification to allow verification of up to three
vehicles at the same time for non-dealers.NOTE: With Council concurrence, Mayor
Cavecche directed staff to bring forward a proposal on the payment of development
impact fees.Pal!e 9
CITY COUNCIL MINUTES January 22, 2008
8. REPORTS FROM CITY MANAGER
8.1 Adoption of the City's Strategic Plan. (C2500.A.2)
SUMMARY: Approximately nine months ago, the City began a comprehensive strategic
planning effort. The purpose of such a plan is to define the purpose of the organization,
establish realistic goals and objectives, present a vision of success that will guide the ongoing
direction of the organization, and help to ensure the most effective use of City resources by
focusing the resources on the key priorities. The preparation of the plan has included extensive
involvement from the City Council, City Manager, Department Directors and many
representatives from all City departments. As part of this effort, several staff workshops were
conducted and two City Council Study Sessions were held. The result of this effort is a Draft
Strategic Plan that is ready for consideration for adoption by the City Council.
Discussion - Senior Assistant to the City Manager Rick Otto reported that the proposed Strategic
Plan is aimed toward the city organization and how services are provided to businesses,
residents and visitors; noting that the General Plan defines the community plan.Community
Development Director Alice Angus presented the process followed in preparing the
plan.Library
Director Nora Jacob presented the plan's Mission Statement, Vision Statement,Values,
and the Goals and Objectives.Community
Services Director Marie Knight reported that the next step after Council adoption would
be to roll out the plan to the organization (City staff) and then the community.Council
acknowledged and thanked staff for their efforts in developing the plan and preparing this
document.MOTION -
Murphy SECOND - Smith
AYES - Smith, Murphy,
Cavecche, Dumitru, Bilodeau Moved to adopt the
Strategic Plan.Pal!e 10
CITY COUNCIL MINUTES January 22, 2008
8. REPORTS FROM CITY MANAGER (Continued)
8.2 Day Laborer Update. (U1100.0)
City Manager John Sibley reported that the solicitation ordinance went into effect on January
11, 2008. He stated the city had received numerous comments from the community on its
immediate positive effects and expressing gratitude to Council for taking steps in addressing
the issue.
Police Chief Gustafson reported that the laborer counts at the most popular areas of
congregation: Albertson's, the two Home Depot locations, and the 7-11 Store on Katella
are all down, with the numbers increasing at the Resource Center. He also reported his staff
has made arrests of 13 laborers and 2 employers in enforcing the new code. In addition,
he reported that contacts and warnings have increased, as well as arrests for other
non-
OMC violations.Chief Gustafson, addressing a question from Councilmember Bilodeau, clarified
that the arrests resulted in the persons with no identification being taken to the station,
while some were
just cited.Mayor pro tem Dumitru rode along with the officers on the first day of the ordinance
being in effect, and stated that the business owners were supportive and appreciative of the
action taken.Chief Gustafson stated he had heard reports that certain businesses have seen an
increase in customer base and profits as a result of the new law. He also stated that an
occasional sting would occur to minimize costs of enforcement. He noted that time will reveal
the overall adequacy of
staffing levels.Mayor Cavecche noted that with only one officer dedicated to the program there may be
a need for backup; and suggested that if there is any slippage in the enforcement numbers,
she would like to see additional
enforcement coverage.9.
LEGAL AFFAIRS 9.1 ORDINANCE NO. 2-08 (SECOND READING) (A2500.
0 Density Bonus)An Ordinance of the City Council of the City of Orange approving an amendment
to Title 17 of the Orange Municipal Code to reflect the State
Density Bonus Law.
MOTION - Dumitru SECOND -
Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 02-08 be read by title only and same was approved and adopted
by the preceding
vote.Pal!e
CITY COUNCIL MINUTES January 22,2008
9. LEGAL AFFAIRS (Continued)
9.2 RESOLUTION NO. 10251 (A4000.0 App-
0523-07)A Resolution of the City Council of the City of Orange Upholding Appeal
0523-07, Approving Conditional Use Permit No. 2671-07 to allow an Alcoholic Beverage
Type 41 (On-Sale Beer and Wine for a Bona Fide Public Eating Place) License for
an existing Restaurant located at
3533 Chapman Avenue, Unit
C.Applicant: Bagel
Me! Corporation MOTION -
Dumitru SECOND - Murphy AYES - Murphy,
Dumitru, Bilodeau NOES - Smith,
Cavecche Moved to adopt Resolution No.
10251.10. PUBLIC
HEARINGS 10.1 JOB CENTER REGULATIONS. (U1100.0 Ord-23-
07)TAPE 3800 Time set for public hearing to consider an amendment to the Orange
Municipal Code adding Special Use Regulations
for Job Centers.Discussion - City Attorney David DeBerry provided a staff report, stating that
this ordinance provides for private property owners to establish a job center with a Conditional Use
Permit to regulate five or more persons congregating on the property for purposes of
soliciting employment.He noted that when the Planning Commission reviewed the ordinance, they made
two minor changes: Job seekers cannot congregate in parking spaces required for the
business operations,and the job centers are required to comply with State and Federal laws. He stated
that the conditions being placed on the job centers are not burdensome and address the
specific complaints that had been received from
the community.THE MAYOR OPENED THE
PUBLIC HEARING.THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE
PUBLIC HEARING.ORDINANCE NO. 23-
07 (FIRST READING)An Ordinance of the City Council of the City of Orange amending Chapter 17.30 of
Title 17 of the Orange Municipal Code adding Special Use Regulations
for Job Centers.
MOTION - Murphy SECOND -
Cavecche AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 23-07 be read by title only and same was set for second reading
by the preceding
vote.Pal!e
CITY COUNCIL MINUTES January 22,2008
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
12. RECESS TO CLOSED SESSION
The City Council recessed to a Closed Session at 6:40 p.m. for the following purposes:
a. Public Employee Performance Evaluation pursuant to Government Code
Section 54957.
Title: City Manager
b. Conference with Real Property Negotiators pursuant to Government Code
Section 54956.8:
Property:
City Negotiator:
Negotiating Parties:
Under Negotiation:
Property:
City Negotiator:
Negotiating Parties:
Under Negotiation:
105 S. Water
John Sibley, Jim Reichert, Rick Otto
City and Citywalk Development Company
Terms
206 S. Center
John Sibley, Rick Otto
City and unknown party at this time
Price and terms
c. 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 9:00 p.m. in memory of Bea Vega, long time Orange resident
and community volunteer.
There is no 7:00 p.m. session scheduled for the January 22, 2008 Council Meeting.
The next Regular Council meeting is scheduled for February 12,2008.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of January 22, 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.
E. MURPH
CITY CLERK
Pal!e 13