HomeMy WebLinkAbout04-08-2008 Council MinutesAPPROVED BY THE CITY COUNCIL ON APRIL 22, 2008
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
April 8, 2008
The City Council of the City of Orange, California convened on April 8,2008 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 Rick Zeiger, Saddleback Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tem Jon Dumitru
1.3 ROLL CALL
PRESENT -ABSENT -
Smith, Murphy,
Cavecche, Dumitru, Bilodeau None 1.
4
PRESENTATIONS/ ANNOUNCEMENTS! INTRODUCTIONS Recognition of
the Orange, Orange North and Orange Sunrise Rotary Clubs 34th Annual Police
and Fire Awardees.Councilmember Bilodeau
introduced his cousin, Canadian Army Trooper Laurent Proulx, visiting
the City while on leave from serving in Afghanistan.2. PUBLIC
COMMENTS Robert Adams,
spoke about a raid on a medical marijuana dispensary business.Herbert Papenfuss,
spoke about a raid on a medical marijuana dispensary business.Pa2:e
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CITY COUNCIL MINUTES April 8, 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 March 20 and 27, 2008.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of March 25, 2008
and Adjourned Regular Meeting of April 1, 2008. (C2500.D.4)
ACTION:Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
REMOVED AND HEARD SEPARATELY)
3.4 Investment Oversight Committee Report for the period ending January 31, 2008.
ORI800.0.27.16.1)
Mayor Cavecche requested Council be given the report on pre-paying outstanding
debt.MOTION - Cavecche
SECOND - Dumitru AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Received
and filed.AGREEMENTS 3.
5
Award of Consultant Services Agreement to RRM Design Group for Engineering Design Services
for the new Fire Headquarters Project. (A2100.0 Agr-5258)SUMMARY:
On February 19, 2008 the City received three proposals from qualified firms
for the performance of design services for the new Fire Headquarters. After reviewing
and ranking the proposals and interviewing all three firms RRM Design Group
has been selected for an amount not to exceed $875,000.NOTE:
Staff requested this item be continued to April 22, 2008.ACTION:
Continued to April 22, 2008.Pa2:
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CITY COUNCIL MINUTES April 8, 2008
3. CONSENT CALENDAR (Continued)
3.6 First Amendment to Consultant Services Agreement for Merit Civil Engineering,
Inc. to provide additional professional services for the design of Jewell Place and
Maple Avenue Sewer Improvements. (A2100.0 Agr-5208.
1)SUMMARY: In December 2007, the City of Orange entered into a contract with
Merit Civil Engineering, Inc. for the design of sewer improvements along Maple Avenue
and on an easement off Jewell Place. Amendment No.1 provides for redesign to extend
the sewer main 600
feet.ACTION: Approved Amendment No.1 to the Consultant Services Agreement
with Merit Civil Engineering and increase the amount by $7,060 and authorize the
Mayor and City Clerk to execute Amendment No. I on behalf of the
City.FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and
are available in the following
account:310-9645-483200-5506 (CDBG - Jewell and Maple Sewer
Replacement) $143,000 3.7 Award of Professional Services Agreement for Utility
Services and Business License Statement Printing and Mailing Services. (A2100.
0 Agr-4172.A)SUMMARY: This agreement authorizes the continued
outsourcing of printing and mailing services for the Utility Services Division and General
Revenue Division of the Finance Department with DataProse, Inc. Staff recommends signing
a five year contract.ACTION: Approved the agreement with DataProse, Inc.
for printing and mailing services in an amount not to exceed $65,000 and authorized the
Mayor and City Clerk to execute the agreement on
behalf of the City.FISCAL IMPACT: Sufficient funds are
budgeted in Account 600-1222-427601 Utility Billing Printing and
Binding) and in Account
100-
1221-427601 (General Revenue Printing and Binding).BIDS 3.8 Bid No. 078-50;
Approval of plans and specifications, and request authorization to advertise
for bids for construction of Community Development Block Grant CDBG)
Fiscal Year 2007-08 Street Rehabilitation Projects: Park Central Avenue 1 and 2, Park
Hyde Street, El Rancho Avenue,
Fondren Street, and Park Griffith Avenue (SP-3626). (S4000.S.7)
SUMMARY: Plans and specifications have been completed for the street rehabilitation of Park Central Avenue
1 and 2, Park Hyde Street, EI Rancho Avenue, Fondren Street,and Park Griffith Avenue,
under the CDBG FY 07-08 Program. The project is ready
to be advertised for bids. The total
estimated construction cost
CITY COUNCIL MINUTES April 8, 2008
3. CONSENT CALENDAR (Continued)
ACTION: Approved plans and specifications and authorized advertising for bids for
the CDBG FY 07-08 Street Rehabilitation
Projects.FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and
are available in the following
account:310-9645-483300-3064 (Park
Central Avenue 1 Reconstruction)310-9645-
483300-3065 (Park Central Avenue
2 Reconstruction)310-9645-483300-
3066 (Park Hyde Street
Overlay)310-9645-483300-3067 (
EI
Rancho Avenue
Overlay)310-
9645-483300-
3068 (Fondren
Street Overlay)
310-9645-
483300-3069 (
Park Griffith Avenue Overlay)Total $
190,000 55,000 70,000 75,000 80,000 17.000 487,
000 3.9 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. Scott Whitacre b. Farmers
Insurance - subrogee of
Joey Tilocco c. Rachel Castillo d. Mercury Insurance - subrogee of R.A.R.
MachinelDuff
e. Amit Utamchandani ACTION: Denied claim(s) for damages and referred to City
Attorney and Adjuster.CONTRACTS 3.10 Award of Contract - Bid
No. 078-36; Project No. SP-3639; Community Development Block
Grant (CDBG) Project -
Americans with Disabilities Act ADA) Wheelchair Access Ramps at Various Locations,
Fiscal Year 2007-08.A2100.0 Agr-5259)SUMMARY: Bids for ADA Wheelchair
Access Ramps at Various Locations, Fiscal Year 2007-08 were received and opened on March
6, 2008. Twelve bidders responded to the Notice Inviting Bids. The apparent low
bidder is
FS Construction of
CITY COUNCIL MINUTES April 8, 2008
3. CONSENT CALENDAR (Continued)
ACTION: 1) Transferred $45,000 from 310-9645-491300-
1070 (CDBG Contingency Fnd) to 310-9645-483300-1328 (ADA
Ramp Improvements); and 2) Awarded the contract in the amount of $136,500 to FS
Construction and authorized the Mayor and City Clerk to
execute on behalf of the City.FISCAL IMP ACT: Funds will be available
upon transfer in the Capital
Improvement Program inthe following account:310-9645-
483300-1328 (CDBG - ADA Ramps Improvements) $ 175,470 3.11 Award of Contract -
Bid No. 078-35; SP-3637; Annual Street Maintenance Asphalt Concrete
Overlay
at Various Locations, Fiscal Year 2007-08. (A2100.0 Agr-
5260)SUMMARY: Bids for Annual Street Maintenance Asphalt Concrete Overlay were received and
opened on March 13, 2008. Seven bidders responded to the Notice Inviting Bids. The apparent low
bidder
is R.J. Noble Company for $3,083,075.00.
ACTION:1) Transferred $15,318.74 from Account
262-5011-483300-
3112 and 262-5021-483300-3112 (Arterial Street Maintenance) Project
Savings to 262-5011-483300-3120 Pavement
Management
Program);2) Transferred $4,227.84 from Account 272-5011-481105-3116 (TCR Highway Maintenance) Project Savings
to 272-5011-483300-3120 (Pavement Management Program);3) Awarded the contract in the amount of $
3,
083,075.00 to R.J. Noble Company,Orange, CA 92856 and authorize the Mayor and City Clerk
to execute on behalf
of the City;4) Approved a Contract Change Order No. 1 in the amount of $
800,000 to R.J. Noble Company for additional streets;5) Authorized
the City's Director of Public Works to approve and execute any contract change
orders
deemed necessary and appropriate during the course of construction in the amount,
in the aggregate, of
10%
of
the
original
contract
amount for project contingency.
FISCAL IMP ACT:
Upon transfer and
appropriation, funds are budgeted and available
in the
following account:940-
5011-483300-3120
272-5011-483300-
3120 262-5011-483300-
3120 340-5011-483300-
3120 500-5011-483300-3120
Orange Merged Capital
CITY COUNCIL MINUTES April 8, 2008
3. CONSENT CALENDAR (Continued)
3.12 Award of Contract - Bid No. 078-43; Project No. SP-3571, Arterial
Highway Rehabilitation Program (AHRP) Project - Prospect Street Rehabilitation from
Chapman Avenue to Bond Avenue. (A2100.0 Agr-
5261)SUMMARY: The bids were opened on March 20,2008. Five bidders responded to
the invitation for bids. The apparent low bidder is Hardy & Harper, Inc. of Santa Ana
for 619,000. The Engineer's Estimate including contingencies and
construction engineering is $711,
850.ACTION: Awarded the contract in the amount of $619,000.00 to Hardy &
Harper,Inc., and authorized the Mayor and City Clerk to execute on behalf ofthe
City.FISCAL IMP ACT: Funds are budgeted and available in the following
accounts:550-5011-483300-3055 (AHRP Prospect
Street Rehabilitation) $ 530,000 272-5011-483300-3055 (
Gas Tax Prospect Street
Rehabilitation) $ 630,000 REMOVED AND HEARD SEPARATELY)3.13 Award of Contract - Bid No.
078-48; Asbestos and Lead Abatement and Removals, and Demolition
of Residential Houses
on Cannon Street (SP-3646).A2100.0 Agr-5262)SUMMARY: Bids
for the Asbestos and Lead Abatement and Removals, and Demolition of Residential
Houses on Cannon Street were received, and opened on March 24, 2008. Nine
bidders responded to the Notice Inviting Bids. The apparent low bidder is Vizion's West, Inc. of Quail
Valley, CA in the amount of $57,110. The Engineer's
Estimate is $75,000 including contingencies and construction engineering.Discussion - At the
request of Mayor Cavecche, Roger Hohnbaum, Public Works Deputy Director, reported on
the extensive outreach and ongoing discussions staff has
had with the
surrounding neighborhood and
nearby school.MOTION - Cavecche SECOND - Smith AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Awarded the contract in the amount of $57,110 to
Vizion's West, Inc. and authorized the Mayor and City Clerk to execute
on behalf of the City.FISCAL IMP ACT: Funds are budgeted in the
Capital Improvement Program and are
available in the following account:550-5011-
483300-3427 (Developer
CITY COUNCIL MINUTES April 8, 2008
3. CONSENT CALENDAR (Continued)
3.14 Award of Contract - Bid No. 078-34; Community Development Block Grant
CDBG) Projects - Fairway Drive and Fashion Park Street Reconstruction (SP-3628). (
A2100.0 Agr-5263)
SUMMARY: Bids for the CDBG Fairway Drive and Fashion Park Street
Reconstruction were received and opened on March 13, 2008. Seven bidders
responded to the Notice Inviting Bids. The apparent low bidder is All American
Asphalt of Corona, CA in the amount of $294,336. The Engineer's Estimate is
349,000 including contingencies and construction engineering.
ACTION: Awarded the contract in the amount of $294,336 to All American Asphalt
and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and are
available in the following accounts:
310-9645-483300-3070 (CDBG Fairway Drive
Reconstruction) $264,402 310-9645-483300-3071 (CDBG
Fashion Park Street Reconstruction) $ 92,000 3.15 Award of Contract - Bid No. 078-
46; Project No. SP-3619A; Soil Remediation,Backfilling, Compacting and Grading
at 125 S. Water Street,
Orange (Fire Headquarters Site). (A2100.0 Agr-5264)SUMMARY: Bids for
the Soil Remediation, Backfilling, Compacting and Grading at 125 S. Water Street (Fire Headquarters
Site) were received and opened on March 17,2008. Six bidders responded to the
Notice Inviting Bids. The apparent low bidder is Encon
Technologies, Inc. in the amount of $44,550.ACTION: Awarded the contract in
the amount of $44,550 to Encon Technologies,Inc., Santa Fe Springs, CA 90670 and
authorized the Mayor and City
Clerk to execute on behalf of the City.FISCAL IMP ACT: Funds
are budgeted and available in the following account:
500-3021-481105-2977 (Fire Station No.1) $1,230,821 3.16 Final Acceptance
of Bid No. 078-15 - SP-3619; Asbestos and Lead Abatement and
Removals, and Demolition of Buildings at 125 and
145 South Water Street,Orange. (No staff report required). (A2100.0
Agr-5179)SUMMARY: Bid No. 078-15; SP-3619; Asbestos and Lead Abatement
and Removals,and Demolition of Buildings at 125 and 145 South
Water Street,
Orange. Staff recommends
CITY COUNCIL MINUTES April 8, 2008
3. CONSENT CALENDAR (Continued)
ACTION: Accepted public work improvements, authorized release of Contractors Bonding
and Insurance Company of Washington, Bond No. CE 8669 in the amount of $42,220.00.
FISCAL IMPACT: None.
3.17 Final Acceptance of Bid No. 067-33; SP-3586; Civic Center
Emergency Power Generator (No staff report required). (A2100.
0 Agr-5055)SUMMARY: Bid No. 067-33; SP-3586;
Civic Center Emergency Power Generator.Staff recommends acceptance of improvements. The
contractor on said job was Kincaid Enterprises,
Inc. DBA American Electric Company.ACTION: Accepted public work
improvements, authorized release of Insurance Company of the West, Bond No. 2209051 in the amount of$
190,000.00 and authorized the Mayor and City Clerk to
execute the Notice
of Completion.FISCAL IMPACT: None.3.18 Final Acceptance of Bid No. 067-50 - SP-
3580; Civic Center Re-Roofing (
No staff report required). (A2100.0 Agr-5088)SUMMARY: Bid
No. 067-50; SP-3580; Civic Center Re-Roofing. Staff recommends acceptance
of improvements. The contractor on said job was Exbon
Development, Inc.ACTION: Accepted public work improvements, authorized release of American Contractors Indemnity
Company, Bond No.
1000769656
in the amount of$168,560.00 FISCAL IMPACT: None.PURCHASE 3.19
Authorize the purchase of approximately 304 King Palm trees through a
Cooperative Purchasing Agreement from The Home Depot for the Arterial
Street Tree Replacement Program (Capital Improvement Project No. 4899) for Fiscal Years 07-08
and 08-
09. This will complete the Tustin Street portion of the project.C2500.M)SUMMARY:
A request that the City Council authorize the purchase of 304 KingPalm
trees through a Cooperative Purchasing Agreement in the amount of$97,
533.22.ACTION: Authorized the purchase of 304 King Palms through GSA CooperativeAgreement
No. GS-06F-0052N from The Home Depot in the amount of $
97,533.22.FISCAL IMP ACT: Funds are budgeted
and available in
CITY COUNCIL MINUTES April 8, 2008
3. CONSENT CALENDAR (Continued)
3.20 Purchase of 11 Automatic External Defibrillators (AEDs) on a sole source basis.
C2500.H)
SUMMARY: Authorize purchase of 11 AEDs, in the amount of $42,301.30, plus
Freight charges (7.75% tax is included).
ACTION: Authorized contract purchase of 11 AED Pro's from Zoll Medical Corporation.
FISCAL IMPACT: Funds are available in Account 120-
3021-
481302-2530.RESOLUTIONS 3.21 RESOLUTION NO. 10277 (OR1800.0.
27.16.2)A Resolution of the City Council of the City of Orange Amending
its Statement of Investment Policy for Fiscal Year 2007-08, Approving and
Adopting a Statement of Investment Policy for Fiscal Year 2008-09,
and Delegating Investment of Orange Redevelopment Agency funds to the Treasurer
of the City of Orange.See related Redevelopment
Agency Minutes
Item 3.3)
ACTION: Approved.MOTION -
Bilodeau SECOND - Smith AYES - Smith, Murphy, Cavecche,
Dumitru, Bilodeau Item 3.5 was continued to April 22, 2008. Items 3.4 and 3.13 were 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 - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.Pa2:
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CITY COUNCIL MINUTES April 8, 2008
7. ADMINISTRATIVE REPORTS
7.1 Report by Community Development Director - Comparative analysis of City parking
requirements. (S4000.S.3.1.1)SUMMARY:
The City Council directed staff to prepare a comparative study of the City's parking
requirements in relation to other Orange County jurisdictions to identify possible areas of
deficiency in the Orange Municipal Code.Discussion -
Community Development Director Alice Angus gave the staff report stating that neighboring cities
were surveyed and nationwide parking requirements were reviewed revealing several
uses the City applies a lower standard on.Councilmember Bilodeau
requested that this issue, including parking ratios and parking stall dimensions, be
reviewed by the Planning Commission and their recommendations brought to Council MOTION -
Bilodeau
SECOND - Murphy AYES -
Smith, Murphy, Cavecche,
Dumitru, Bilodeau Moved to refer to the
Planning Commission for review and recommendations.8. REPORTS FROM CITY MANAGER
8.1 Mid-Year Financial
Report for the period of July 1, 2007 through December 31,2007.C2500.E.4)SUMMARY:
Every year, a
report to inform the City Council and the residents of Orange of the results of the
City's financial operations for the first half of the fiscal year is compiled and presented to the City
Council. This report provides an accounting of mid year financial operations both by department
and by fund groups. In a separate Agenda Item,recommendations are made for
specific budget adjustments and appropriation increases for the current fiscal year.Discussion -
Senior Assistant to
City Manager, Rick Otto gave the staff report, detailing the shortage to budget projections.City
Manager John Sibley responding
to a question by Councilmember Bilodeau, identified steps being taken to reduce
expenditures, including a review of all vacant positions,curtailment of non-critical spending,
Department Head team addressing budget issues, and continuing to pursue new
revenue sources.Mayor Cavecche asked for
a report on the dollar amounts of the cutbacks, with positions and cost-cutting numbers spelled
out, before the end of the fiscal year.Pa2:e 10
CITY COUNCIL MINUTES April 8, 2008
8. REPORTS FROM CITY MANAGER (Continued)
MOTION - Cavecche SECOND -
Murphy AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved to receive
and file.8.2 Fiscal
Year 2007-2008 Mid-Year Budget Adjustments. (C2500.E.4)SUMMARY:
This mid-year report recommends certain appropriation increases and budget
adjustments for the current fiscal year. Information available at the time the FY 08 budget was
being prepared did not suggest a need for increased expenditures or budget revisions. Staff has
made every effort to first identify potential sources of savings within currently budgeted funds
or projects that might appropriately be used to fund the expenditures that are being identified.
Discussion - Senior Assistant to City Manager, Rick Otto gave the staff report.Councilmember
Bilodeau suggested the Council's travel and meeting budget be cut as a way of leading
by example.Mayor
pro tem Dumitru suggested eliminating dues paid to the League of California Cities. It was
noted those dues are paid through the end of the current fiscal year.Mayor
Cavecche clarified with staff that the expense for the Landscape Assessment District staff
person is because the staff person is not one hundred percent dedicated to that District and requires
some general funding. She also requested notification when Office of Emergency Services
reimbursement money is received.MOTION -
Bilodeau SECOND - Murphy
AYES - Smith, Murphy,
Cavecche, Dumitru, Bilodeau Moved to approve Items
I - 10 and add Item 11to cut Council's travel and meeting budget.1. Authorize the appropriation of $
55,199 from the unreserved fund balance of the General Fund as follows:a. $32,
199 to 100-
3021-427800-2520 (Metro Net - Fire Dept.)b. $23,000
to 100-3012-427800 (Plan Check Services - Fire Dept.)2. Approve
an appropriation of $100,000 from the Equipment Expense Fund to 710-5023-447200 (
Fleet Services/Fuel) and authorize staff to adjust the applicable allocation accounts.
Pa2:
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CITY COUNCIL MINUTES April 8, 2008
8. REPORTS FROM CITY MANAGER (Continued)
3. Authorize the following appropriations from the unreserved fund balances of the restricted
funds as specified:
a. $99,642 from the Proposition 172 - Safety Fund to 120-3021-471302 (
Equipment Replacement - Fire Dept.);
b. $67,200 from the Communications Equipment Fund to 575-3021-
471302 (Equipment Replacement - Fire
Dept.);c. $150,000 ($75,000 to each account) from the Equipment Expense fund to
710-5023-447100 (Parts & Supplies/Fleet Services) and to 710-5023-
447500 (Outside Motor
Vehicle Repairs/Fleet Services);d. $25,000 from the OCTA Gas Tax Exchange
Fund to 273-5021-446600 (
Street Signs/Markers - Public Works);e. $38,480 from the Serrano Heights CFD 91-2 and
Tremont 2005-1 (accrued
interest) to 594-3021-481105-2977 (New Fire Headquarters);f. $150,000
from the Orange Merged
Capital Project Fund to 940-9800-481105-9191 Simon/Mills Project); and g. $526,
290 from the Orange Merged Debt Service
Fund to 987-9890-464101
for principal redemption of the 1997 Tustin Taxable Bonds.4. Authorize
the following transfers:a. $67,000 from 315-9652-485701-1298 (Home
Improvement Loan Account) as follows:65,
000 to 315-9653-427800-1221 (Home Improvement Grant Account) and $2,000 to
315-9652-426702 (Home Improvement Grant Processing Fees);b. $180,000 from 500-3011-
481200-2681 (Fire Station #8) as follows: $
80,000 to 500-3021-481301-2405 (West Net Boxes & Zoning Timers - Fire Dept.) and $
100,000 to 500-3011-481200-2615 (Station 1 Remodel - Fire
Dept.);c. $500,000 from the reservation of
General Funds for Quiet Zone
Development to 500-5032-486700-6065 (Quiet Zones/Railroad Crossing Safety) and $
248,000 from 550-5032-483100-6038 (Railroad Crossing Safety
Enhancements) to 550-5032-483100-6065 (Quiet Zones/
Railroad Crossing Safety); and d. $150,000 from the Orange Merged Capital Projects Fund to
987-9890-491201-9191 Orange Merged Debt Service - Transfer Out for Mills Project).
5. Authorize adjustments to the
following budgeted revenues:a. Reduce the General Fund budgeted estimate for Sales Taxes (
100-215100) by $
3,000,000;b. Reduce the General Fund budgeted estimate for Motor Vehicle In-
Lieu revenue (100-262100) by $1,
000,000;c. Increase the General Fund budgeted estimate for Property Tax Revenues (100-211101) by
1,424,
500;d. Increase
CITY COUNCIL MINUTES April 8, 2008
8. REPORTS FROM CITY MANAGER (Continued)
128,774 for Building Permits (100-
6031-232100),10,115 for Electrical
Permits (100-6031-232300),8,118 for
Plumbing Permits (100-6031-232100), and
7,993 for Mechanical Permits (100-6031-232350;6. Authorize the merger of three vacant
19-hour/week Library positions (positions 19,473
and 1857) into one full-time Library Assistant position (1857).7.
Authorize
appropriations of the following grants, donations, revenues and/or reimbursements:a. $16,270
in OCTA grant funds to 100-6011-426700-9799 (Santa Fe Depot Project);
b. $3,000 in Target Music Grant funds split
equally between 100-2017-443101-9936 (Books Materials - Library) and 100-2017-
426700-9936 (
Outside Services - Library);c. $5,805.66 from the Library Foundation (Charitable Donations)
to
100-2001-426700 Digitization Project);d. $450,000 from increased property taxes to
987-9890-465400 (Tax
Increment Pass Through Payments);e. $167,579 in reimbursements from the Office of
Emergency Services to 100-3021-412101 Overtime - Fire Suppression).8. Authorize the reversal of $
33,197 in appropriations
from 940-4021-411102 (Police Code Enforcement) and the appropriation of $33,197 from
the Orange Merged Housing Fund to 941-4021-411102 (Police Code Enforcement).9.
Authorize the following budget adjustments as a result of changes in Landscape Assessment Districts that were made
subsequent to the adoption of
the FY 08 budget:a. An appropriation of $32,873 from the unreserved fund balance
of the General Fund to 100-7022-410000 (Salaries &
Benefits/Comm. Svcs.);
b. An appropriation of $9,860 from the unreserved fund balance of
the Sycamore Crossing Landscape Assessment District Fund
to 293-7024-410000 (Salaries & Benefits/Comm.Svcs.lSycamore Crossing);c. The reversal
of $39,445 of the appropriation from 291-7026-410000 (Salaries &Benefits/Santiago Hills Landscape
Maint. District); and d. The reversal of$3,288 of the appropriation from 290-7025-410000 (
Salaries & Benefits).10. Authorize a transfer of $330,730 from the General
Fund to the Reimbursable Capital Projects Fund to
backfill for costs
CITY COUNCIL MINUTES April 8, 2008
8. REPORTS FROM CITY MANAGER (Continued)
FISCAL IMPACT:
Sufficient funds are available in the unreserved General Fund to support the requested
492,227 in appropriations from the unreserved fund balance of the General Fund.
All other requests for General Fund expenditure appropriations are offset by revenues that
are either anticipated or already received, or, are funded by the transfer of existing
appropriations or reservations. These adjustments have no fiscal impact.
Recommended adjustments to budgeted estimates for General Fund revenues net to a
reduction of $2,730,500. This budgetary action will reduce the City's projected General
Fund balance.
Adjustments to appropriations of Restricted Funds net to $1,050,314. The unreserved fund
balances in each of the restricted funds (from which appropriation increases are requested)
are sufficient to support each appropriation request.
All other requests for Restricted Fund expenditure appropriations are offset by revenues
that are either anticipated or have already been received, or, are funded by the transfer of
existing appropriations or reservations. These adjustments have no fiscal impact.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 5-08 (SECOND READING) (A2500.0 Ord-05-
08 Impact Fees)An Ordinance of the City Council of the City of Orange Amending Chapters3.13, 3.
40, 3.50,15.38, 15.41 and 16.60 of the Orange Municipal Code Regulating
Payment ofImpact Fees.
MOTION - Cavecche SECOND -
Bilodeau AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 5-08 be read by title only and same was adopted by the
preceding
vote.9.2 ORDINANCE NO. 7-08 (SECOND READING) (A2500.0
Ord-
07-08 Business Disclosure)An Ordinance of the City Council of the City of Orange Adding Section 5.
1O.010F Relating to Disclosure of Businesses to
the Orange Municipal Code.Discussion - Councilmember Bilodeau stated he would not be supporting
this Ordinance as there should be a more business-friendly way to
acquire the necessary
CITY COUNCIL MINUTES April 8, 2008
9. LEGAL AFFAIRS (Continued)
MOTION - Dumitru SECOND -
Murphy AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved to continue
Ordinance No. 7-08 to April 22, 2008 meeting.9.3
ORDINANCE NO. 8-08 (SECOND READING) (B5000.0 Santiago Creek Bike Trail)An
Ordinance of the City Council of the City of Orange approving the reclassification of several
strips of land generally located along Santiago Creek from Tustin Street to Walnut Avenue
and on vacant City owned abandoned railroad right of way from Walnut Avenue to Collins
Avenue, from un-zoned to R-O (Recreation Open
Space)Zone Change
1239-06 Applicant: City
of Orange MOTION -
Murphy SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved
that Ordinance No. 8-08 be read by title only and same was adopted by the preceding
vote.
9.4 RESOLUTION NO. 10278 (A4000.0 APP-
0525-08)A Resolution of the City Council of the City of Orange upholding Appeal No.
0525-08 and approving Conditional Use Permit No. 2687-07 to allow an Alcoholic
Beverage Type 47 (On-Sale General for a Bona Fide Public Eating Place) license for an
existing restaurant location at
1009 North Tustin Street.Applicant: El Conejo,
dba The Taco
Company MOTION - Bilodeau
SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru,
Bilodeau Moved to approve Resolution No.
10278.10. RECESS TO THE MEETING OF THE ORANGE
REDEVELOPMENT
AGENCY Pa2:e
CITY COUNCIL MINUTES April 8, 2008
11. RECESS TO CLOSED SESSION
The City Attorney reported on a need to discuss a matter during Closed Session regarding the
County's application for State grant funds, part of the grant application being tied to the Theo
Lacy jail.
MOTION - Cavecche SECOND -
Bilodeau AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved that there
is a need to take immediate action on the item pertaining to Theo Lacy Jail and the need
to take action came to the attention of the City after the posting of the agenda.The City Council
recessed at 5:40 p.m. to a Closed Session for the following purposes:a. Conference with
Labor Negotiator pursuant to Government Code Section 54957.6:City Negotiators: Personnel
Director Steven Pham / Personnel Manager Mike Harary Employee Organizations: Fire
Management, Fire Union and Top Management b. Conference with
Real Property Negotiators pursuant to Government Code Section 54956.8 Property: 206 S.
Center City Negotiators: John
Sibley and Rick Otto Negotiating Party: Ricci
Family Trust Under Negotiation: Price
and Terms c. Conference with
Legal Counsel - Anticipated Litigation pursuant toGovernment Code Section 54956.9(a) -
one potential 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 be considered in Closed Session.NOTE: It was reported out
after Closed Session that the City Council took two actions by a unanimous vote -1) To create
an ad hoc
committee consisting of Mayor pro tem Jon Dumitru and Councilmember Denis Bilodeau to represent the
City's interests with respect to the County's proposed change to the
operations at Theo Lacy jail; and 2) The City Manager was given
direction to draft a letter to the California Department of Corrections, to be signed by all
members of the City Council, opposing the use of Theo Lacy Jail as a re-entry
facility for state prisoners on the basis that such an operation requires the approval of the
City.Pa2:e 16
CITY COUNCIL MINUTES April 8, 2008
12. ADJOURNMENT - The City Council adjourned at 7:00 p.m.There
was no 7:00 p.m. session scheduled for the April 8, 2008 Council Meeting.The
next Regular Council meeting is scheduled for April 22, 2008.Declaration
of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular
meeting of April 8, 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.u
CITY
CLERK Pa2:
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