HomeMy WebLinkAbout05-27-2008 Council MinutesAPPROVED BY THE CITY COUNCIL ON JUNE 10, 2008
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
May 27, 2008
The City Council of the City of Orange, California convened on May 27,2008 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 Reverend Olivia Bryan, First Christian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Carolyn Cavecche
1.3 ROLL CALL
PRESENT -ABSENT -
Smith, Cavecche,
Dumitru, Bilodeau Murphy 1.
4
PRESENT A TIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of
Resolution from the Orange County State Delegation celebrating the l20th Anniversary
of the City of Orange.Presentation from
the Coalition of Orange County Community Clinics.Presentation of
Proclamation for Management Week in America.Presentation of
Resolution to Roger Hohnbaum upon his retirement.Presentation of
Resolution to Bob Von Schimmelmann upon his retirement.Presentation of
Employee Service Awards.2. PUBLIC
COMMENTS - John Butler, asked how water supplies and alternative energy sources will
be addressed in the proposed East Orange development.Page I 1
CITY COUNCIL MINUTES May 27, 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 May 1 and 8, 2008.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of May 13, 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 April 30, 2008.
C2500.F)
ACTION:Approved.
AGREEMENTS
3.5 An Agreement with the County of Orange for the District Attorney's Office to
prosecute violations of the Orange Municipal Code involving juvenile offenders.
A2100.0 Agr-
5280)SUMMARY: The City of Orange City Attorney's Office prosecutes violations of
the Orange Municipal Code when committed by adults. Historically the District Attorney'
s office has prosecuted all crimes involving juvenile offenders; however, they will
no longer do this without a contract for this service. The City Attorney's office does
not have an appropriate level of staffing to perform this function in house. The
District Attorney will perform this service for $202 per prosecution. Based upon past
numbers it is expected the five year cost will not exceed $75,
000.ACTION: Approved agreement with the County of Orange and authorized the
Mayor and City Clerk to execute the Agreement on behalf ofthe
City.FISCAL IMP ACT: Funds are available in the City Attorney Budget in Account
100-0301-426100 - Outside Legal
Services.Page I
CITY COUNCIL MINUTES May 27,2008
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEP ARATEL Y)
3.6 Third Amendment to Agreement No. 4863 with The Arroyo Group, to study
Metrolink parking structure locations and configurations in conjunction with
their work on the Santa Fe Depot Specific Plan Update. (A2100.0 Agr-4863.
3)SUMMARY: The City is currently in the process of preparing an update to the
Santa Fe Depot Specific Plan and associated EIR with consultant services provided by
The Arroyo Group. Due to the interrelationship between the Specific Plan and
Metrolink station activities, the City has asked The Arroyo Group team to study
alternative locations and configurations for future additional Metrolink parking needed
to accommodate the planned commuter train service
expansion.Discussion - Councilmember Smith asked for assurance that the Arroyo Group had
been provided with the design guidelines for the Old Towne district to incorporate into
their plans, as well as addressing the parking needs generated by additional housing and
retail uses.
Councilmember Bilodeau stated that the parking calculations should use a nine-
foot width standard as opposed to the compact or a narrower
standard.Principal Planner Anna Pehoushek stated that the Draft EIR on the Depot Specific
Plan will be brought to Council with a comprehensive report on the traffic consultant'
s
analysis.MOTION - Smith
SECOND - Cavecche AYES -
Smith, Cavecche, Dumitru, Bilodeau ABSENT - Murphy
Moved to 1)
Authorize the appropriation of $6,440 from Account100-6011-292100-9799 (
Expense Reimbursement from OCTA for Santa Fe Depot Specific Plan Update)to
100-6011-426700-9799 (Consulting Services for Santa Fe Depot
Specific Plan Update); 2) Approve the agreement with The Arroyo Group as the consulting
team to study Metrolink parking structure alternatives in the amountof $6,440
and authorized the Mayor and the City Clerk to execute all necessary documents on behalf of
the City.FISCAL IMP ACT: The parking structure study will be paid for using
General Fund money. OCTA has agreed to reimburse the City for this
expenditure. Upon appropriation, funds will be available in the
following account:100-6011-426700-9799 Santa Fe Depot
Specific Plan Update $
CITY COUNCIL MINUTES May 27, 2008
3. CONSENT CALENDAR (Continued)
3.7 Second Amendment to Services Agreement between the City, Redevelopment
Agency and the PM Group, Inc. for the design and printing of the Orange
Progress City newsletter for FY 2008-09. (A2100.0 Agr-4692.
A.2)SUMMARY: The Second Amendment to Services Agreement memorializes
the City and Redevelopment Agency's option to extend a second and final term of
the original 2006 Services Agreement and authorizes The PM Group, Inc. to oversee
production of the next four quarterly editions of the
Orange Progress.See related Redevelopment Agency Minutes Item No.
3.3.)ACTION: Approved the Second Amendment to Services Agreement between
the City,Redevelopment Agency and The PM Group, Inc. in an amount not to exceed $
118,241 and authorized the Mayor and City Clerk to execute the agreement on behalf
of
the City.FISCAL IMP ACT: Sufficient funding has been included in the proposed
FY 2008-09 budget through
the following sources:General Fund: $68,241 (includes $40,000 contribution
from Waste Management)100-0201-426600-
7009 (City Mgr Office-
Publicity/ Advertising-Orange Progress)Redevelopment Agency: $50,000 940-9800-426600 (
Merged and
Amended Project Area - Publicity and
Advertising -Orange Progress)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. Charles
Monson b. County
of Orange c. Sean Kelly d.
Kimberly Kelly e. Nature'
s Wellness Collective, Inc.f. Kristen D. Kette ACTION: Denied Claim(s) for
damages and referred
CITY COUNCIL MINUTES May 27, 2008
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.9 Award of Bid No. 078-41; Trailer Mounted Generator to be used as an
emergency power source for various water facility sites when required. (C2500.M.
7)SUMMARY: Three bids were opened on February 19,2008. After researching the
bid specifications, staff is recommending awarding the purchase to the lowest
responsible bidder that met the specifications, Generator Services, in the amount of $107,750.
00.ACTION: Awarded the contract in the amount of $107,750.00 to Generator
Services and authorized the Mayor and City Clerk to execute on behalf of the
City.FISCAL IMP ACT: Funds are budgeted and available to cover the cost of the
purchase as
follows:601-8011-484201-8925 Emergency
Generator $107,750.00 3.10 Award of Contract; Bid No. 078-
50 Community Development Block Grant CDBG) Project - FY 07-08 Street Rehabilitation; Park
Central Ave. 1 & 2, Park Hyde St., El Rancho Ave., Fondren St.,
and Park Griffith
Ave. (SP-3626).A2100.0 Agr-5281)SUMMARY: Bids for the
CDBG FY 07-08 Street Rehabilitation Project were received, and opened on May 8,
2008. Seven bidders responded to the Notice Inviting Bids. The apparent low bidder is All
American Asphalt, Inc. of Corona in the amount of$394,394.
00. The Engineer's Estimate is $445,354.ACTION: Awarded the contract in the
amount of $394,394.00 to All American Asphalt, 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 accounts.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 (El
Rancho Avenue
Overlay)310-
9645-483300-3068 (
Fondren Street Overlay)
CITY COUNCIL MINUTES May 27, 2008
3. CONSENT CALENDAR (Continued)
3.11 Contract Change Order No. 1 - Bid No. 078-46; Project No. SP-3619A;
Soil remediation, backfilling, compacting and grading at future Fire Headquarter
site 125 S. Water Street, Orange). (A2100.0
Agr-5264)SUMMARY: This Contract Change Order authorizes payment for extra work
at agreed unit prices. The total cost for this change order is $
80,000.ACTION: Approved Contract Change Order No.1 in the amount of $80,000
to Encon Technologies, Inc. for the
extra work.FISCAL IMP ACT: Funds are budgeted and available in the
following account:500-3021-481105-2977 Fire Station
No. 1 $
1,180,000 DONA
TIONS REMOVED AND HEARD SEPARATELY)3.12 Accept an endowment from City employees
Bob Von Schimmelmann and Roger Hohnbaum to be utilized by Public Works Director
to take the Public Works Employee of the
Year to lunch. (C2500.M)SUMMARY: Deputy Public Works Director
Bob Yon Schimmelmann and City Engineer Roger Hohnbaum have offered to
establish an initial endowment of 500 to be used by the Public Works Director to take
the City's Public Works Employee
of the Year
to lunch.MOTION -
Cavecche SECOND - Smith AYES - Smith, Cavecche,
Dumitru, Bilodeau ABSENT -
Murphy ACTION: Accepted
Endowment.FISCAL IMPACT:
None.
PURCHASES 3.13 Purchase 25 Mobile Data Computers (MDC) for all emergency responding
fire apparatus. (C2500.
H)SUMMARY: Authorize purchase of 25 MDC's, in the amount of $200,010.
31 includes installation, software, tax, and
freight).ACTION: Authorized purchase of25 MDC'
s.FISCAL IMPACT: Funds are available in Account
120-3021-481302-
CITY COUNCIL MINUTES May 27,2008
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.14 RESOLUTION NO. 10284 (A2500.0)
A Resolution of the City Council of the City of Orange adjusting fees for the
Transportation Systems Improvement Program (T.S.I.P.).
ACTION: Continued to no date certain.
3.15 RESOLUTION NO. 10288 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
No. LL 2008-02 adjusting lot lines of certain real properties situated at 133 S.
Lemon Street and 234 W. Chapman Avenue in the City of Orange, County of Orange, State
of
California.Owner: International Church of the Four Square
Gospel.ACTION:
Approved.3.16 RESOLUTION NO. 10294 (C2500.J.4.
6)A Resolution of the City Council of the City of Orange Relating To the
Classification,Compensation, and Terms of Employment of Executive Directors and
Top Management Employees, and Repealing Resolution No. 10177 and
Amendments
Thereto.ACTION: Approved; and authorized staff to make the appropriate budget transfers
and appropriations to departmental salary and benefit
accounts.MOTION - Bilodeau
SECOND - Smith AYES -
Smith, Cavecche, Dumitru, Bilodeau ABSENT - Murphy
Items 3.6
and 3.12 were removed and heard separately. Item 3.14 was continued to no date certain. All
other items on the Consent Calendar were approved as recommended.END OF CONSENT
CALENDAR Page I 7
CITY COUNCIL MINUTES May 27, 2008
4. REPORTS FROM MAYOR CA VECCHE - None.5.
REPORTS FROM COUNCILMEMBERS - None.6. REPORTS
FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1
Accept resignation of Phillip Bonina from the City Planning Commission.C2500.G.
2.5.1)MOTION - Dumitru
SECOND - Cavecche AYES -
Smith, Cavecche, Dumitru,
Bilodea ABSENT - Murphy Moved to accept
with regrets, the
resignation of Phillip Bonina from the City Planning Commission.6.2 Accept resignation of
Michael
Helmuth from the Investment Advisory Committee.ORI800.0.27.13)MOTION - Cavecche
SECOND - Dumitru AYES - Smith,
Cavecche, Dumitru, Bilodeau
ABSENT - Murphy Moved
to accept with regrets, the resignation
of Michael Helmuth
from the City Investment Advisory Committee.7. ADMINISTRATIVE REPORTS 7.1 Report from City
Attorney - Process
for City Councilmembers
to place items on the agenda. (C2500.D)At Councilmember Bilodeau's request, the City
Council directed that the
City Attorney prepare a report concerning how items are placed on the agenda
by the City Council and what the process is at other cities.Discussion - City Attorney David DeBerry
reported on the three current options
for Councilmembers to place items on the agenda and the results of a
survey of other cities practices.Councilmember Bilodeau stated his support for a Councilmember's authorization to
place
items on the agenda for immediate action, rather than discussion only.Page
I 8
CITY COUNCIL MINUTES May 27,2008
7. ADMINISTRATIVE REPORTS (Continued)
Mayor Cavecche expressed her concern that this process could generate a lot of work for staff
to research and prepare a report without a consensus of the Council.
City Attorney David DeBerry clarified that according to the Orange Municipal Code, an item
placed on the agenda under the Reports from Mayor or Reports from Council headings was
strictly for discussion purposes only. He further clarified the provisions of the Brown Act with
regard to discussion of items at a meeting.
City Manager John Sibley added that if an emergency issue arose, there exists a mechanism for
bringing that to Council in a timely manner.
Mayor pro tern Dumitru reported he had not had a problem placing items on the agenda;
noting, however, that the key is to have expediency in returning the items for action.
Councilmember Smith noted she was comfortable with the current process of going through
the City Manager.
NOTE: No action was taken.
7.2 Report from City Attorney - The effectiveness of the day labor/solicitation ordinances. (
UII00.0)The
City Council requested that a progress report on the effectiveness of the day labor/
solicitation ordinances adopted by the City Council be brought back in May. Overall, the ordinances,
and specifically enforcement thereof, have led to a substantial reduction in the number
of complaints and problems associated with day labor activity.Discussion -
City Attorney David DeBerry reported on the apparent success of the ordinances and that
no additional measures are required at this time. He further stated that although the number of
workers registering at the resource center is low, he recommended that it remain open because
it is a necessary component of defending the City's policies.Mayor pro
tern Dumitru asked for enforcement efforts at a restaurant in East Orange where there seemed
to be large congregations of individuals.Mr. DeBerry
reported that the courts initially were reducing not guilty pleas to infractions, but have stopped
that practice.The Council
received and filed the report.Page I
9
CITY COUNCIL MINUTES May 27,2008
7. ADMINISTRATIVE REPORTS (Continued)
7.3 Report from Sr. Assistant to City Manager - Agreement for Professional Services with
Nexlevel Information Technology, Inc. for Consultant Services to Support the City's Information
Technology Outsourcing Project. (A2100.0 Agr-5283)
SUMMARY: The current two-year Information Technology Services Agreement with
ACS Enterprise Solutions is set to expire June 30, 2009. At the time the current agreement
was approved in June 2007, the City Council indicated its desire to pursue a competitive
bidding process for information technology (IT) outsourcing services prior to the expiration of
the agreement. Staff is recommending contracting with an IT consultant to assist with
this procurement
process.Discussion - Senior Assistant to City Manager Rick Otto gave the staff report. He responded
to questions from Council, stating that no rating scale was provided to Council for comparison
purposes; only two of fifteen vendors had responded to the informal RFP; the first phase of the
contract is for an assessment of the IT infrastructure; and a report would be brought back to
Council with this information.
Councilmember Bilodeau stated his concern over the cost of the agreement.
Mayor pro tern Dumitru stated his concern for the use of an informal RFP to choose the
vendor.
Councilmember Smith compared the need to do an assessment of the information technology
services with the assessment of the waste management services due to the long-term nature
of the contracts. She stated that although she did not personally support a previous vote on
the assessment of the waste management services, she would reluctantly support this RFP
process only to be consistent with the Council's affirmative vote on that
RFP.Councilmember Smith also noted that Councilmember Murphy was not present at the
meeting,but if he were, he would typically recuse himself due to the nature of the
discussion.City Attorney David DeBerry stated that the Municipal Code allows for an informal
bidding process for professional services contracts, but that Public Works contracts requires a
formal bidding
process.Mayor pro tern Dumitru noted he had additional questions about the process and requested
to meet with staff for further
review.MOTION - Cavecche
SECOND - Dumitru AYES -
Smith, Cavecche, Dumitru, Bilodeau ABSENT - Murphy
Moved to continue
to June 10, 2008.Page I 10
CITY COUNCIL MINUTES May 27, 2008
8. REPORTS FROM CITY MANAGER - City Manager John Sibley reported on the continuing
efforts to reduce expenditures and maximize revenue.Mayor
Cavecche requested a briefing on the budget prior to the June 10th hearing; and that a briefing
be offered to all Councilmembers.9.
LEGAL AFFAIRS 9.
1 ORDINANCE NO. 10-08 (SECOND READING) (ZI500.0 ZCG-
1238-06)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-l (Limited Business District) to
OP (Office Professional).
Zone Change 1238-
06 Applicant: Steve
Richardson MOTION - Dumitru
SECOND - Cavecche AYES - Smith, Cavecche, Dumitru,
Bilodeau ABSENT - Murphy
Moved that Ordinance No. 10-08 be read by title only and same was approved and adopted
by the preceding
vote.10. PUBLIC
HEARINGS 10.1 CONVEYANCE OF REAL PROPERTY BY THE
ORANGE REDEVELOPMENT AGENCY TO CITY TOWN CENTER PARKING PARCEL, L.
P.A2100.0
Agr-5282)Time set for joint public hearing with the Redevelopment Agency to consider the
proposed sale of an Agency-owned parcel of approximately 13,720 square feet and located on the
east side of Manchester Avenue, north of Chapman Avenue for the purchase price of $69,
000.00 for development of the property as expanded parking serving the adjacent
City
Town Center development.See related Redevelopment Agency Minutes Item
No. 9.1.)THE MAYOR OPENED THE PUBLIC HEARING. THERE BEING
NO SPEAKERS, THE MAYOR CLOSED
THE PUBLIC
CITY COUNCIL MINUTES May 27,2008
10. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 10293
A Resolution of the City Council of the City of Orange authorizing the sale by the Orange
Redevelopment Agency of unimproved real property consisting of approximately 13,720
square feet generally located on the east side of Manchester Avenue, north of Chapman
Avenue in the City of Orange to City Town Center parking parcel, L.P., a California Limited
Partnership.
MOTION - Bilodeau SECOND -
Smith AYES - Smith,
Cavecche, Dumitru, Bilodeau ABSENT - Murphy Moved
to approve Resolution
No. 10293.10.2 REVOCATION OF
CONDITIONAL USE PERMIT NO. 2637-07 - MERIDIAN MARKET, 655 SOUTH MAIN
STREET, SUITE NO. 240. (C3300.0 CUP-2637-07)Time set
for public hearing to consider revoking and repealing in its entirety, Conditional Use Permit No.
2637-07.THE
MAYOR OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, THE MAYOR
CLOSED THE PUBLIC HEARING.RESOLUTION
NO. 10285 A
Resolution of the City Council of the City of Orange, revoking and repealing in its entirety,Conditional
Use Permit No. 2637-07 which allowed the off-site sale (Type 20) of beer
and wine at a market located at 655 South Main Street, Suite No.
240.MOTION - Cavecche
SECOND - Smith AYES -
Smith, Cavecche, Dumitru, Bilodeau ABSENT - Murphy
Moved to approve
Resolution No. 10285.11. RECESS TO
THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY Page 112
CITY COUNCIL MINUTES May 27, 2008
12. RECESS TO CLOSED SESSION
The City Council recessed at 6:30 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: Police, Police Management and Fire Management
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.
13. ADJOURNMENT - The City Council adjourned at 6:50 p.m.There
was no 7:00 p.m. Session of the May 27,2008 Council Meeting.The
next Regular Council meeting is scheduled for June 10,2008.Declaration
of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular
meeting of May 27, 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.ia~~&
y~
CITY
CLERK Page
113