HomeMy WebLinkAbout06-10-2008 Council MinutesAPPROVED BY THE CITY COUNCIL ON JUNE 24, 2008
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING June 10, 2008
The City Council of the City of Orange, California convened on June 10, 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 Ed Trenner, Grace Brethren Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Orange High School Marine Corps Jr. ROTC
1.3 ROLL CALL
PRESENT -ABSENT -
Smith, Murphy,
Cavecche, Dumitru, Bilodeau None.1.
4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of
the California Park & Recreation Society V olunteer Award to Pat Barrios.Presentation to
Alex Alvarez for heroic efforts.Announcement of
memorial adjournment for Police Officer Stanley W. Taylor.Presentation from
the Santa Ana Watershed Project Authority.Announcements - 3rd
of July; Concerts in the Park series; and Hart Park Pool grand re-openmg.2.
PUBLIC
COMMENTS -John Whiteriver, American
Legion Post 132, spoke on the flag burning ceremony on Flag Day, Saturday,
June 14th for properly retiring American flags.P::!flP. 1
CITY COUNCIL MINUTES June 10, 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 15 and 22, 2008.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting dated May 27, 2008.
C2500.D.4)
NOTE: Councilmember Murphy abstained as he was absent from the May 2ih
meeting.
ACTION: Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
APPROPRIATIONS
REMOVED AND HEARD SEP ARATEL Y)
3.4 Accept into the City's revenue budget and appropriate $12,222.38 worth of
donations for Orange Public Library's Adult Literacy program. (C2500.I)
SUMMARY: The Friends of the Orange Public Library (FOPL), as fiscal agent for the
First Annual Orange Spelling Bee in September 2007, collected $12,222.38 worth of
entry fees, donations, sponsorships, and gifts to support the Library's Adult Literacy
program. The funds will be used toward the FY 08-09 contract to continue
Adult Literacy staffing by READ/OC, the County of Orange unit that runs Orange
Public Library's program. Acceptance of this revenue and its appropriation into the FY
07-08 budget are requested; the monies will be carried over into the FY 08-
09
budget forexpenditure.Discussion - Mayor Cavecche acknowledged the fundraising efforts for
the Library;and announced the second annual spelling bee to be held on October
18,2008.MOTION -
Cavecche SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau PAGE
2
CITY COUNCIL MINUTES June 10, 2008
3. CONSENT CALENDAR (Continued)
Moved to: I) Accept into the City's revenue budget: Account No. 100-
2001-293800-9321, $12,222.38 (Spelling Bee Fundraiser); and 2) Appropriate said funds
to Account No. 100-2016-426700-9321, $12,
222.38 (Spelling Bee Fundraiser).FISCAL IMPACT: The Library's available funds
for Adult Literacy will be 12,222.38 in FY 08-09 thanks to these Spelling
Bee revenues. In addition, support for Orange Public Library's Adult Literacy program
will shift from 100% General Fund dollars (FY 07-08) to
100%
private contributions (FY 08-09 and henceforth).BIDS 3.5 Award of Bid No. 078-55 to
Irv Seaver Motorcycles of Orange,
CA for three BMW Police Pursuit Motorcycles. (C2500.K)SUMMARY: Three
BMW Police Pursuit Motorcycles are
budgeted in the approved 2007 /2008 Vehicle Replacement Schedule.ACTION: Authorized
purchase of three BMW Police
Pursuit Motorcycles in the amount of$76,101.06.FISCAL
IMP ACT: Funds are budgeted in the
following
account:720-5023-472102 Vehicle Replacement Fund $76,101.06 CONTRACTS 3.6 First
Amendment to Contract with Orange County Striping for the installation
of traffic striping, pavement markings and raised pavement markers at various locations within
the City of Orange, Bid No. 067-43. (A2100.0 Agr-5087.
1)SUMMARY: Orange County Striping was awarded a contract, on a competitive basis,for traffic
striping for the City in June 2007. The contract allows for annual renewals for up to 2
years based on mutual agreement. It is proposed to renew the
contract for FY 2008-2009 in an amount not to exceed $90,
000.00.ACTION: Approved First Amendment to Contract with Orange County Striping in an
amount not to exceed $90,000.00 for installation of traffic striping, pavement
markings and raised pavement markers at various locations within the City of Orange, and authorized
the Mayor and City Clerk to execute the Amendment on behalf of the City.FISCAL IMP
ACT: Funds in the amount of $90,000.00 for this contract
are budgeted in 2007/2008 fiscal
year utilizing
CITY COUNCIL MINUTES June 10, 2008
3. CONSENT CALENDAR (Continued)
3.7 Contract Change Order No. 1 for Bid No. 078-09; Asphalt Replacement
at Various Locations for Fiscal Year 2007-2008. (A2100.
0 Agr-5120)SUMMARY: In August of2007, the City of Orange entered into a
contract with Hardy Harper, Inc. to replace Asphalt Concrete at various locations on
an as-needed basis.The amount of asphalt concrete included in the contract was
estimated based on the previous twelve months usage. Due to higher need for
street repairs, an additional 50,000.00 is requested to cover the cost for extra
time, labor, and materials.ACTION: Approved Contract Change Order No. 1 in the amount of $
50,000.00 to Hardy & Harper, Inc.
for the additional work.FISCAL IMPACT: Funds are budgeted and are available in
the Water
Operating Fund as follows:600-8041-
448300
Asphalt Products $50,000.00 RESOLUTIONS 3.
8 RESOLUTION NO. 10289 (EllOO.O)A Resolution of the City Council of the City of Orange
calling and giving notice of the holding of a General Municipal Election to be held
on Tuesday, November 4, 2008, for the election of certain officers as required by the provisions of
the laws of the State of
California relating
to General Law Cities.ACTION: Approved.3.
9 RESOLUTION NO. 10290 (EllOO.O)A Resolution of the City Council of the City
of Orange requesting the Board of Supervisors of the County of Orange to consolidate
a General Municipal Election to be held on November 4, 2008 with the Statewide General Election
to be held on the date pursuant to
Section 10403
of the Elections Code.ACTION: Approved.3.
10 RESOLUTION NO. 10291 (EllOO.O)A Resolution of the City Council of the
City of Orange adopting regulations for candidates for elective office pertaining to
Candidate's Statements submitted to the voters at an election to be
held on
Tuesday, November
CITY COUNCIL MINUTES June 10, 2008
3. CONSENT CALENDAR (Continued)
3.11 RESOLUTION NO. 10292 (EllOO.O)
A Resolution of the City Council of the City of Orange providing for the conduct of a
special runoff election for elective offices in the event of a tie vote at a municipal
election.
ACTION: Approved.
3.12 RESOLUTION NO. 10299 (L1200.0 LMD-86-2
Santiago Hills)A Resolution of the City Council of the City of Orange
regarding Landscape Maintenance Assessment District 86-2 (Santiago Hills) declaring
its intention to provide for an annual levy and collection of assessments for Fiscal
Year 2008-2009; to set a time and place for a Public Hearing to receive public
testimony on the foregoing matters; and to give preliminary approval to the Certified
Engineer's Report for Landscape Maintenance Assessment
District 86-
2 (Santiago Hills).ACTION: Approved.3.13 RESOLUTION NO. 10300 (
LI200.0 LMD-94-1 Sycamore Crossing)A Resolution of the City Council
of the City of Orange regarding Landscape Maintenance Assessment District
94-1 (Sycamore Crossing) declaring its intention to provide for an annual levy
and collection of assessments for Fiscal Year 2008-2009;and to set a time and place for
a Public Hearing to receive public testimony on the foregoing matters; and to
give preliminary approval to the Certified Engineer's
Report for Landscape Maintenance Assessment District 94-1 (Sycamore Crossing).
NOTE: Councilmember
Bilodeau recorded a NO vote on this item.ACTION: Approved.
3.14 RESOLUTION NO. 10301 (C2500.G.2.5.1)A Resolution of the
City Council of the City of Orange expressing appreciation to Phillip Bonina of the Planning
Commission
for his
six and
CITY COUNCIL MINUTES June 10, 2008
3. CONSENT CALENDAR (Continued)
3.15 RESOLUTION NO. 10302 (C2500.J.4.3)
A Resolution of the City Council of the City of Orange Establishing a Letter of
Understanding Between the City of Orange and the Orange City Fire Fighters, Local
2384, International Association of Fire Fighters, AFL-CIO Effective March 1,
2008 through February 28,
2011.ACTION: 1) Approved Resolution No. 10302, effective March 1,
2008;2) Authorized appropriations to the proper Fire Department salary and benefit
accounts for FY 08 of $98,513 from the unreserved fund balance of the General Fund (100)
and 5,487 from the unreserved fund balance of the EMT Transport Fund (125). (
The remaining costs have already been included in the FY 08 budget);
and 3) Authorized appropriations to the proper Fire Department salary and benefit
accounts for FY 09 of $368,287 from the unreserved fund balance of the General Fund (100)
and 25,713 from the unreserved fund balance of the EMT Transport Fund (125). (
The remaining costs have already been included in the FY 09
budget).MOTION - Bilodeau
SECOND - Murphy AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Councilmember Murphy
abstained on Item 3.2, Item3.4 washeard separately, and Councilmember Bilodeau
recorded a 'no' vote on Item 3.13. All other items on the Consent Calendar
were approved as recommended.END OF
CONSENT CALENDAR 4. REPORTS
FROM MAYOR CA VECCHE 4.1
Consideration of appointment of Mayor Cavecche's representative to the City Planning Commission. (
C2500.G.2.1)MOTION - Cavecche
SECOND - Bilodeau AYES -
Smith, Murphy, Cavecche,
Dumitru, Bilodeau Moved to reappoint Fred Whitaker
to the City Planning Commission, term to expire June 30,2012.PAGE Ii
CITY COUNCIL MINUTES June 10, 2008
4. REPORTS FROM MAYOR CA VECCHE (Continued)
4.2 Consideration of appointment of Councilmember Murphy's representative to the
City Planning Commission. (C2500.G.2.1
MOTION - Murphy SECOND -
Cavecche AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved to reappoint
Scott Steiner to the City Planning Commission, term to expire June 30,2012.4.3
Consideration
of appointment of Councilmember Bilodeau's representative to the City Planning Commission. (
C2500.G.2.1)MOTION - Bilodeau SECOND -
Cavecche AYES - Smith,
Murphy, Cavecche, Dumitru,
Bilodeau Moved to reappoint Michael Merino to
the City Planning Commission, term to expire June 30,2012.4.4 Consideration of reappointments
to
theOrange Public Library Board of Trustees.C2500.I.2)MOTION - Cavecche SECOND -
Dumitru AYES - Smith,
Murphy, Cavecche, Dumitru,
Bilodeau Moved to
reappoint Paul Hughes and Nancy Collins to
the Library Board of Trustees, terms to expire June 30, 2011.5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS,
COMMITTEES, AND COMMISSIONS - None.PAGE 7
CITY COUNCIL MINUTES June 10, 2008
7. ADMINISTRATIVE REPORTS
7.1 Report on Appropriations for Fund 550 - Reimbursable Capital Projects.C2500.
M)SUMMARY:
The City maintains a fund called Reimbursable Capital Projects, Fund 550.Since
most grant funds are provided after project completion, the 550 Fund provides the initial funding
for projects with the intent of grant funds reimbursing the 550 Fund's initial funding.Periodically,
the Public Works and Finance Departments review Fund 550 accounting and rectify
project fund balances. This report addresses several projects with recommendations for appropriations
from other eligible fund balances to reimburse the 550 Fund.Discussion -
Public WorksDirector Gail Farber gave the staff report.MOTION - Cavecche
SECOND - Bilodeau AYES -
Smith, Murphy, Cavecche,
Dumitru, Bilodeau Moved to:1. Appropriate $180,
734.76
from the unreserved fund balance of the Measure M Fund (262) to the following accounts:262-5011-
483300-3046 (Katella:
Struck to Santa Ana River) $7,611.92 262-5032-
483300-3912 (Bus Stop Improvements) $15,069.
25 262-5011-483300-3430 (Meats Avenue
Study) $150,000.00 262-5011-486700-6099 (Santiago
Creek Bike Trail Study) $8,053.59 2. Appropriate $262,381.29 from the unreserved fund
balance of the TSIP Area B/West
Orange Fund (284) to the
following accounts:284-5032-483100-
2999 (Tustin Ave.
Smart Corridor)284-
5032-483100-6006 (
Combined Fiber Optic
Project)284-5032-483100-6019 (Chapman Interconnect-Tustin)19,281.87 222,897.
24 20,202.18 FISCAL IMPACT: Sufficient unreserved fund balances are available
in both the Measure M and TSIP Area B/West Orange Funds to support
the requested appropriations.7.2 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. (Cont. from
OS/27/08) (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
CITY COUNCIL MINUTES June 10, 2008
7. ADMINISTRATIVE REPORTS (Continued)
NOTE: Councilmember Murphy recused himself due to a potential employment conflict of
interest and left the dais.
Discussion - Sr. Assistant to City Manager Rick Otto gave the staff report. Addressing the specific
questions that arose at the Council meeting of May 27, he stated that the bidding process
was conducted according to the Municipal Code rules; a rating panel was established to
evaluate the RFP; and that their rating sheets have been provided to Council.Council
expressed concern that the Enterprise Resource Plan (ERP) implementation would impact
the RFP process for IT outsourcing. Mayor Cavecche expressed that the general expectation
had been that the ERP implementation would have been completed prior to beginning
the RFP. Mayor Cavecche also noted the City has not gone out to bid for this service
in almost 25 years.Councilmember
Bilodeau stated his concern over spending this amount of money on an RFP given
the severe budget constraints being faced, and that he would not be supporting this item.Councilmember
Smith stated that although she did not personally support a previous vote on an
RFP to review a long term vendor, she would vote to remain consistent with the Council's approval
for that RFP.City
Manager John Sibley clarified that other IT companies had been in place since 1984, but these
companies had been taken over, and the current IT service provider, ACS, took over in 1999.
MOTION -
Cavecche SECOND - Smith
AYES - Smith, Cavecche,
Dumitru,NOES - Bilodeau ABSENT(RECUSED)-
Murphy Moved to:
1) Approve the
Agreement for Professional Services with Nexlevel Information Technology, Inc. to support the
City's Information Technology Outsourcing project for an amount not to exceed $87,
450, and authorize the Mayor and City Clerk to execute the agreement on behalf of the
City; and 2) Direct staff to provide a report following completion of the first phase of the
project which includes an assessment of the existing IT operations and based on the findings from
that report the Council can determine whether to continue with the RFP process.FISCAL IMPACT: Sufficient
funds exist
in Account 780-1601-426700 (MIS - Professional Services) in theFY
2007-08 budget for this Agreement.PAGE 9
CITY COUNCIL MINUTES June 10, 2008
8. REPORTS FROM CITY MANAGER - None.9.
LEGAL AFFAIRS-None.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:40 p.m. to a Closed Session for the following purposes:
a. Conference with Real Property Negotiators pursuant to Government Code Section 54957.6:
Property: 206 S. Center
City Negotiators: John Sibley, Rick Otto
Negotiating Party: Ricci Family Trust
Under Negotiation: Price and terms
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.
PAGE 10
APPROVED BY THE CITY COUNCIL ON JUNE 24, 2008
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING June 10, 2008
7:00 P.M. SESSION
12. PUBLIC COMMENTS - None.13.
PUBLIC HEARINGS 13.
1 BIG E SERVICE STATION FOOD MART (JOHN H. MOORCROFT) - ABC LICENSE - CONDITIONAL
USE PERMIT NO. 2703-08. (C3300.0 CUP-2703-08)
Time set for public hearing to consider a request for an Alcoholic Beverage Control Type 20
Off-Sale Beer and Wine) License within an existing accessory retail sales/cashier area of
an existing automotive fueling station, located at 890 N. Batavia
Street.Discussion - Community Development Director Alice Angus gave the staff report noting that
the Police Department's recommendations have been incorporated in the Council resolution's
conditions.
Police Sergeant Bird noted that this census tract is currently considered saturated with four
ABC licenses, and will be considered over concentrated with the addition of this proposed
license.
THE MAYOR OPENED THE PUBLIC HEARING.
Applicant, John Moorcroft was available to answer questions by Council, noting he was in
agreement with the proposed conditions.
Ms. Angus indicated that this ABC license is an off-site establishment and the on-
site alcohol conditions placed on restaurants
are different.Councilmember Smith suggested restatement of Condition No. 20 to clarify
its intent.THE MAYOR CLOSED THE
PUBLIC HEARING.Mayor Cavecche stated that she tends not to approve licenses of this type, but will
approve this one because of the comments from the Police Department that this census tract is
not currently over concentrated with licenses, but this license will put it at
that level.RESOLUTION
NO. 10295 A Resolution of the City Council of the City of Orange approving Conditional Use
Permit No.2703-08, a request to maintain a Type 20 ABC License (Off-Sale - Beer
and Wine) in association with an existing service station located at 890
N. Batavia Street.Applicant: John H. Moorcroft, Big
EFood Mart
CITY COUNCIL MINUTES June 10, 2008
13. PUBLIC HEARINGS (Continued)
MOTION - Murphy SECOND -
Dumitru AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved to approve
Resolution No. 10295, including the restated Condition No. 20 to include all alcoholic beverage
containers that are displayed for sale shall be secured from 8:00 p.m. to 8:00 a.
m. and accessed only by store staff for pending sale, not by the customer...."13.2
PROPOSED
FISCAL YEAR 2008-09 CITY OF ORANGE BUDGET AND SEVEN YEAR
CAPITAL IMPROVEMENT PROGRAM. (C2500.J.1.1)See related
Redevelopment Agency Minutes Item No. 11.1 )Time set
for public hearing to consider adoption of the proposed FY 2008-09 City of Orange Budget
and Seven-Year Capital Improvement Program.
City Manager John Sibley summarized the current economic status and how it affects the City.
He stated that the City has responded by slowing down spending, as well as monitoring and
reporting trends/changes to Council.
Sr. Assistant to City Manager Rick Otto provided the staff report, noting that the catastrophic
reserve is not affected. He then reviewed the Capital Improvement Projects program and its
funding sources. He further stated that approximately $2 million in savings due to the current
hiring freeze and curtailment of spending will be returned to the General Fund. He also
indicated that Council is being asked to remove the funding for the new civic center working
capital.
Mr. Sibley stated that with the approval of the proposed actions before Council, it is
anticipated that the future FY 09-10 budget will be approximately $3 million short. He
stated that the last option to pursue would be the use of catastrophic
reserves.Councilmember Smith asked that training/travel expenses for the public safety
departments,not be cut completely, but spent as needed to ensure continuance of public safety in
the community. She also asked for a high priority being given to ensuring the health of the City'
s water
system.Mr. Sibley responded to a question from Councilmember Bilodeau that the hiring of the
Public Information Officer was going forward and that the position is funded by the
Redevelopment Agency. Councilmember Bilodeau suggested that the position remain vacant, using
City Manager's staff to perform this
duty.PAGE
CITY COUNCIL MINUTES June 10, 2008
13. PUBLIC HEARINGS (Continued)
Mayor pro tern Dumitru received clarification on the fund for computer replacement and that
there exists a separate account to replace Fire Department equipment.
THE MAYOR OPENED THE PUBLIC HEARING.
Speaker - David Ross, Santa Ana, speaking on behalf of Waste Management Company, spoke on
continuing negotiations to reach agreement with the City to avoid a lengthy and costly RFP process.
THE
MAYOR CLOSED THE PUBLIC HEARING.Councilmember
Bilodeau requested examination of Fund 100 and 500. He suggested a review of
the following projects:Old
Towne Street Light Replacement - possible use of Redevelopment money Fire Headquarters -
Stretch costs overseveral years Fire station Emergency
Power Generators Fire station air
conditioning 55 Freeway/Meats
Avenue interchangestudy - possible use of Redevelopmentfunds Fire Chief Lewis explained
the critical need for generators and air conditioning at Fire Stations.Mayor pro tern
Dumitru
asked about the necessity of the Signal Preemption Study. Fire Chief Lewis explained this was
identified in a study as a factor in response times.Councilmember Smith asked if
the replacement of Old Towne street lights could possibly be paid using redevelopment funds
since they enhance the tourism attraction of the City.Mayor Cavecche stated her
priority to set the budget without the use of the catastrophic fund.She suggested reviewing the
Grijalva gymnasium funding source and whether redevelopment funding can be used.
She suggested a continuance, asking that the revenue and expenditure numbers be more fine
tuned, including the use of redevelopment money and the $2 million in savmgs.Council discussed the
parameters
of the use of redevelopment money on projects and received clarification from the City
Attorney of the need to make certain findings before a project could qualify for redevelopment money.
Determination was made to bring the budget back for consideration at the next
meeting at 4:30 p.m. with a list of the items discussed and the applicability of the use
of redevelopment money MOTION - Cavecche SECOND - Bilodeau
AYES - Smith, Murphy,
Cavecche, Dumitru, Bilodeau
Moved to continue to the Council Meeting
of June 24, 2008, at 4:30 p.m. session.PAGE 13
CITY COUNCIL MINUTES June 10,2008
14. PLANNING AND ENVIRONMENT - None.15.
ADJOURNMENT The
City Council adjourned at 8:20 p.m. in memory of Police Officer Stan Taylor.The
next Regular Council meeting is scheduled for June 24, 2008.Declaration
of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular
meeting of June 10, 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.tic
3 MURP
CITY
CLERK PAGE
14