HomeMy WebLinkAbout05-13-2008 Council MinutesAPPROVED BY THE CITY COUNCIL ON MAY 27, 2008
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING May 13, 2008
The City Council of the City of Orange, California convened on May 13, 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 Father Christopher Smith, Diocese of Orange at Marywood
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
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Recognition of
Rancho Santiago Community College District Model United Nations Students.Presentation
from
Orange Firefighters Association and City of Orange Police Association to
Orange Sister Cities Association.Recognition of
City Employee Patti VanVoorst, recipient of the National Management Association Southern
California Area Member of the Y ear Award.Proclamation recognizing
Public Works Week.Presentation from
Community Foundation - recognizing participants of the Foundation Games.Announcements -OTP
A
Awards received
by the City of Orange Fundraising events to benefit
the Orange High School Vocal Music European Concert Tour Mayor Cavecche named
as
the California Transportation Foundation 2007 Elected Official of the Year
2. PUBLIC COMMENTS - None.
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CITY COUNCIL MINUTES May 13, 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 April 17 and 24, 2008.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting April 22, 2008 and
Adjourned Regular Meeting April 29, 2008. (C2500.D.4)
ACTION: Approved.
NOTE: Councilmember Bilodeau abstained on the minutes of April 22, 2008 due to
his absence at the meeting.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
AGREEMENTS
3.4 Award of Professional Services Agreement for Special Inspections and Material
Testing for the Grijalva Park at Santiago Creek Gymnasium/Sports Center
Project. (A2100.0 Agr-
5276)SUMMARY: This agreement authorizes a consultant to provide special
inspections and material testing for the Grijalva Park at Santiago Creek Gymnasium/Sports
Center
Project.ACTION: Approved agreement with Koury Engineering & Testing, Inc., in
the amount of $90,000, and authorized the Mayor and the City Clerk to execute on
behalf of the
City.FISCAL IMP ACT: Funds are available in the following
account:551-7021-481200-1606 (Grijalva Park Gymnasium/Sports
Center Project)
CITY COUNCIL MINUTES May 13,2008
3. CONSENT CALENDAR (Continued)
3.5 County of Orange Proposition 1B Agreement No. D08-038 for the Santiago
Creek Bike Trail Project from Collins Avenue to Cannon Street. (A2100.0
Agr-5277)SUMMARY: The proposed agreement is required by the County of
Orange for participation in Proposition 1B Program funding for the Santiago Creek Bike
Trail from Collins Avenue to
Cannon Street.ACTION: Approved Agreement No. D08-038 and authorized the
Mayor and City Clerk to execute on
behalf ofthe City.FISCAL IMPACT: Funding is intended to cover 100% of all costs
to design, acquire right-of-way, and construction. Any allocations not expended
by June 30, 2011 shall be returned
to
the County of Orange.BIDS 3.6 Bid No. 078-59; SP-3638;
Annual Slurry Seal at Various Locations 2007-08.Approval of plans and
specifications, and request for
authorization to advertise for bids. (S4000.S.7)SUMMARY: Plans and
specifications have been completed for the annual street maintenance slurry seal at various
City streets and parking facilities. The project is ready to be advertised for
bids. The estimated construction cost is $650,000.ACTION: Approved plans
and specifications and authorized advertising for bids for the
FY 2007-08 Annual Slurry Seal at Various Locations.FISCAL IMP
ACT: Funds will be available
in the following accounts:
500-5021-481105-
4997 (Municipal Parking
Lot Maintenance)
CITY COUNCIL MINUTES May 13,2008
3. CONSENT CALENDAR (Continued)
3.7 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. Karen George
b. Bernardo Godoy
c. Charlene Pryor
d. David D. Soto
e. Douglas Walton
f. John D' Agostino
g. Kathleen D' Agostino
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
DONATIONS
3.8 Accept donation from Orange City Mills LP for the purchase of Police Chief's
Medal display cases. (C2500.K)
SUMMARY: Orange City Mills LP has donated $500 for the purchase of Police
Chief s Medal display cases.
ACTION: Accepted the donation of $500 from Orange City Mills LP for deposit into
revenue Account 100-4001-293900 (General Fund-Office of
The Chief); and appropriated the $500 to Account 100-4001-441600 (
General Fund-Office of the Chief-Miscellaneous Materials and Supplies) for
the purchase of
the
display cases.FISCAL IMPACT: None.RESOLUTIONS 3.9 RESOLUTION
NO. 10282 (C2500.M.16.1)A Resolution of the City Council of the City
of Orange approving Lot Line Adjustment No. LL 2007-05 adjusting lot lines of
certain real properties situated at 206 N.Manchester Avenue in the City of
Orange, County of Orange, State of California.
Owner: Olson
737 - Orange
CITY COUNCIL MINUTES May 13,2008
3. CONSENT CALENDAR (Continued)
3.10 RESOLUTION NO. 10286 (C2500.M)
A Resolution of the City Council of the City of Orange expressing appreciation to
Roger A. Hohnbaum of the Orange Public Works Department and commending him for
over eleven and one-half years ofloyal and dedicated
service.ACTION:
Approved.3.11 RESOLUTION NO. 10287 (C2500.
M)A Resolution of the City Council of the City of Orange expressing appreciation
to Robert Von Schimmelmann of the Orange Public Works Department and
commending him for twenty years of loyal and dedicated
service.ACTION:
Approved.MOTION - Smith
SECOND - Cavecche AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Councilmember Bilodeau
abstained on Item 3.2 due to his absence at the meeting. 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.Page 5
CITY COUNCIL MINUTES May 13,2008
7. ADMINISTRATIVE REPORTS
7.1 Report by Fire Chief - Emergency Medical Services (EMS) System Improvements. (
C2500.H)SUMMARY:
In January 2007, the Fire Department convened an EMS Task Force to conduct a
thorough review / evaluation of the Fire/Rescue/EMS Delivery System. The Task Force was instructed
to identify areas in need of improvement, potential solutions and potential funding sources
to minimize any potential impact on the General Fund.Discussion -
Fire Chief Bart Lewis presented the staff report. He informed Council of the three options
that the task force proposed, giving details of a Homeland Security Department Staffing for
Adequate Emergency Response (SAFER) grant. He also provided information on staffing, costs
and other cities' practices, as well as timeframes on each option. In response to a question
from Mayor Cavecche, he stated that potential action on opportunities for increased EMS revenue
would be brought to Council after action taken on this item.Greg Lewin,
Orange Firefighters Association President, spoke on the Council's commitment to delivery of
improved services. He also acknowledged the assistance of many in delivering emergency servIces.
Chief Lewis
answered questions posed by Council on various aspects of the options presented including:Ambulance
crew
providing services v. firefighters Developing a
program to privatize ambulance transport services and/or staffing A greater
revenue flow if staff is employed by City Greater control
over quality of staff if employed by City Need for
a staff captain to manage personnel Requirement for
a nurse educator and options to save on costs The Paramedic
Assessment Unit equipment currently inadequate Ability of
personnel to collect data on patients for faster payment Advantage of
Options 2 and 3 that provide flexibility in timeframes based on economy Downside of
SAFER grant requires City to carry funding burdens too soon Staffing levels
on emergency vehicles for compliance with federal law Council commended
Fire Chief Robert Stefano for obtaining the SAFER grant which was the catalyst for
review of, and eventual improvements to the delivery of emergency services in the City.Councilmember
Smith
stated that with the City's growth and increase in traffic it is necessary to look
at the efficiency and safety of providing emergency services. She added that the grant came with
strings attached, but Option 3 gives flexibility in implementing the program and would allow
a four-member engine.Page
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CITY COUNCIL MINUTES May 13,2008
7. ADMINISTRATIVE REPORTS (Continued)
Mayor pro tem Dumitru stated his support for Option 3. He questioned the need for an
additional fire captain to manage personnel, but would agree to it if necessary; and did not
oppose putting contracted employees in the stations. He added that contracting saves on
benefits and City liability issues and that getting the fourth man on the engine would be
efficient, save money and decrease response times.
Councilmember Murphy noted the challenge is to determine best cost effective solutions
without compromising safety; and concurred on the need to move forward and suggested
Option 3 was a better investment..
Mayor Cavecche stated that the Council had received a letter from CARE Ambulance Service,
Inc., offering their services.
MOTION - Murphy SECOND -
Cavecche AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved to receive
and file the EMS Task Force Report.MOTION - Murphy SECOND -
Smith AYES - Smith,
Murphy, Cavecche, Dumitru,
Bilodeau Moved to direct staff to implement
Option No.3 as outlined in the Task Force report - with a 6- and 18-month review of costs
brought back to Council; and roll the cost of Option 3 into the FY 08-09 Budget.MOTION - Murphy
SECOND - Cavecche AYES -
Smith, Murphy, Cavecche,
Dumitru, Bilodeau Moved
to direct staff to reject the SAFER
Grant.Page 7
CITY COUNCIL MINUTES May 13,2008
7. ADMINISTRATIVE REPORTS (Continued)
7.2. Report by Assistant Planning Director - Metrolink Extension Transit Studies for the
Cities for Orange and Villa Park. (T2200.1.4)SUMMARY:
The City Council continued consideration of the Metrolink Extension Transit study
to the first meeting in May 2008. Concerns that were raised at the meeting included further
information regarding potential operating costs associated with the proposed shuttlelbus line
and the potential for OCT A to operate the proposed bus line as a part of their regular service
or as a specialized service line.Discussion -
Assistant Community Development Director Ed Knight gave the staff report,stating that
definitive information on operating costs and conclusions on many of the items with the
program have not been received; and the City may have to generate funds to cover costs of
Steps 3 and 4 projects.MOTION - Cavecche
SECOND - Dumitru AYES -
Smith, Murphy, Cavecche,
Dumitru, Bilodeau Moved to: I) Receive the
final report and direct staff to forward the report to Orange County Transit Authority (OCTA); and 2)
Direct staff not to submit for Step 2 funding.8. REPORTS FROM CITY MANAGER
8.1 Fiscal Year 08-
09 Proposed Budget Update. (C25600.J.1.1)Discussion - City Manager John
Sibley reported the FY 08-09 budget to be considered in June is a balanced budget;
but that FY 09-10 budget could be approximately $5 million in the red due to sales
tax revenue decreases. He informed of the immediate steps that have already been taken - spending has
been cut, the filling of vacant positions is on review and Department Directors tasked with deferring
expenses. He added that future capital projects not yet underway may have to
be postponed, and stated that constant monitoring of the budget and expenditures is occurring.Councilmember
Bilodeau asked that
additional options for cutting expenditures be brought to Council.Mayor Cavecche stated
that
since staffing is the largest percentage of the budget, additional review of services and
salaries had to be considered. She asked that the City Manager's Office, Finance Department and
Department Directors work together to review all vacant non-safety positions to address
closing the gap. She also asked for a list of the CIP projects removed from the FY
09-10 budget, and that an update be given, either in Council briefings or at the May
27 Council meeting, prior to the June 10th budget hearing.Page 8
CITY COUNCIL MINUTES May 13,2008
8. REPORTS FROM CITY MANAGER (Continued)
Councilmember Murphy spoke to the setting aside of reserves for projects; leaving options
open with a critical review; and suggested that money to be received from a court case could
be used to transition the EMS system.
City Manager John Sibley stated staff will continue to review the budget and brief the Council
and will bring back additional options and a policy on vacant positions.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 9-08 (SECOND READING) (A2500.0 Ord-09-
08 Speed limits)An Ordinance of the City Council of the City of Orange amending Section 10.
14.050 of Chapter 10.14 of the Orange Municipal Code pertaining to speed
limits. (Manchester Avenue)
MOTION - Bilodeau SECOND -
Cavecche AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 9-08 be read by title only and same was approved and adopted
by the preceding
vote.10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY 11. RECESS TO CLOSED
SESSION The City Attorney reported a need to add an item to the Closed Session
discussion.MOTION - Murphy
SECOND - Cavecche AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that
there is a need to take immediate action on the following item, and the need to take action came
to the attention of the City after the posting of the agenda.Conference with
Legal Counsel - anticipated litigation pursuantto Government Code Section 54956(a) - one
potential case.Page 9
CITY COUNCIL MINUTES May 13,2008
11. RECESS TO CLOSED SESSION (Continued)
The City Council recessed at 6:40 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 Legal Counsel - anticipated litigation pursuant to Government Code Section
54956(a) - one potential case.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.7:00
P.M. SESSION 12. PUBLIC
COMMENTS - None.13. PUBLIC HEARINGS
13.1 ZONE
CHANGE 1238-06, MINOR SITE PLAN REVIEW NO. 422-05,ADMINISTRATIVE
ADJUSTMENT NO. 158-06, DESIGN REVIEW COMMITTEE
NO. 4047-05, AND NEGATIVE DECLARATION NO. 1797-
07 STEVE RICHARDSON. (ZI500.
0 ZCG-1238-06)Time set for Public Hearing to consider a request for Zone Change in order
to construct a new infill garage and office on a site consisting of two lots with two
different zoning designations at property located at the northern parcel of
419 SouthGlassell Street.Discussion - Community Development Director Alice Angus gave
the staff report.MAYOR CA VECCHE OPENED
THE PUBLIC HEARING Speaker - Kimm Richardson, applicant, stated that he has owned the site since 1974
and is seeking to add a garage/office for a general contracting business. He
clarified for Councilmember Smith that there are two trees onsite, one will remain and one
will be removed. He also confirmed that he is familiar with all the conditions included as part
of
the approval.MAYOR CA VECCHE CLOSED THE
PUBLIC HEARING In response to a question by Councilmember Smith, Mrs. Angus stated that the floor
area ratio FAR) in the Old Towne area is .5 and that the FAR for this building design is .29.
She added that the proposed garage is not considered to
be two-
CITY COUNCIL MINUTES May 13, 2008
13. PUBLIC HEARINGS (Continued)
Councilmember Smith stated that the proposed building is misleading from the project
description; that it is a garage, not a residence, but yet is proposed to look like a residence.
She suggested there are great examples and a history of carriage houses and barns; and stated
that for future projects, buildings should be designed to look like what they are purposed for
and should reflect the use of the building.
RESOLUTION NO. 10283
A Resolution of the City Council of the City of Orange approving Negative Declaration No.
1797-07, Minor Site Plan Review No. 422-05, Design Review Committee No.
4047-05, and Administrative Adjustment No. 158-06, in order to construct a new in-
fill office and garage on the property
located at 419
South Glassell.Applicant:
Steve Richardson MOTION -
Murphy SECOND - Dumitru AYES - Smith, Murphy, Cavecche,
Dumitru, Bilodeau Moved to approve Resolution
No. 10283.ORDINANCE NO. 10-
08 (FIRST READING)An Ordinance of the City Council of the City of Orange approving
the reclassification of property located at the northern parcel of 419 South Glassell Street
from C-I (Limited Business District)
to OP (Office Professional).Zone Change 1238-
06 - Applicant: Steve
Richardson MOTION - Murphy
SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru,
Bilodeau Moved that Ordinance No. 10-08 be read by title only and same was set for second
hearing by the
preceding vote.
CITY COUNCIL MINUTES May 13,2008
14. PLANNING AND ENVIRONMENT
14.1 APPEAL OF THE CITY TRAFFIC COMMISSION'S ACTION DENYING THE
REMOVAL OF HANDICAPPED PARKING SPACE AT 916 N. LAUREL DRIVE.
A4000.0)
Request to consider an appeal of the February 13, 2008 City Traffic Commission's action
denying a request to remove the handicapped parking space in front of 916 N. Laurel Drive.
Item continued from April 22, 2008.)
Discussion - Public Works Director Gail Farber gave the staff report, stating that there had been
an error in noticing the first hearing by the Traffic Commission.Council
discussed the noticing requirements for hearings. City Attorney David DeBerry stated that
noticing requirements are based on the type of hearing, and that for Traffic Commission items,
noticing the immediate neighbors is sufficient.Councilmember
Murphy asked that noticing requirements be addressed in the future, rather than
rely on judgment calls.Councilmember
Smith clarified with staff that a condition of approval for the handicapped curb
designation was that the applicant construct a cement pad to facilitate loading.Speaker -
John Marzetti, appellant, stated that he lives across the street from the applicant. He found out
from a neighbor who installed the cement pad in October 2007 that the handicap parking space
at the curb would be painted the next month. He added that 12 of the 16 residents on
the cul-de-sac oppose the handicapped zone, and that it is an eyesore from his
front window.
Mr. Marzetti, responding to Council questions, stated that the blue zone is not only a visual
problem, but that he felt his neighbor's need for the space was unwarranted; and that prior to
the space being installed, ifhis curb was blocked, he would park across the street.
Speaker - Debbie Wagner, applicant, stated that she has had a degenerative condition in her back
for 14 years which continues to worsen. She stated that she has lived in the home since 1994,
and that prior to the handicap space installation, the Marzetti's had parked in front of her home
despite the curb being available in front of their home; and that the Police have been called
from time-to-time. She added that the Americans with Disabilities Act
requires municipalities to accommodate handicapped
individuals.In response to a question from Mayor Cavecche, Ms. Wagner indicated that she is able to
make the turn at the end of her cul-de-sac to park in the space without having to
turn her head beyond her
range of motion.Council asked staff to look into the legality of having the painted curb
without the
handicap parking
CITY COUNCIL MINUTES May 13, 2008
14. PLANNING AND ENVIRONMENT (Continued)
MOTION - Dumitru SECOND -
Murphy AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved to deny
the appeal and uphold the decision of the Traffic Commission to not remove the handicapped parking
space at 916 N. Laurel Drive.15. ADJOURNMENT - The
City Council adjourned at 8:50 p.m.The next Regular City
Council meeting is scheduled for May 27, 2008.Declaration of City Clerk,
Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of May
13, 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. MURPHY CITY CLERK
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