HomeMy WebLinkAbout07-08-2008 Council MinutesAPPROVED BY THE CITY COUNCIL ON JULY 22, 2008
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING July 8, 2008
The City Council of the City of Orange, California convened on July 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 Danny Kurimay, Zion Christian Center
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Denis Bilodeau
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Bilodeau ABSENT -
Dumitru 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of
Proclamation to Orange Children & Parents Together and to the EI Modena Branch
Library, designating "Reading Is Fundamental" Recognition Day.Presentation of
Proclamation designating July as Parks & Recreation Month.Presentation of
Proclamation to Frank Boehler, Director, Office of Child Welfare and Attendance, Orange
Unified School District.2. PUBLIC
COMMENTS - None.P;loe 1
AI..
CITY COUNCIL MINUTES July 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 June 19, 26 and 30,
2008.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, June 24, 2008.
C2500.D.4)
ACTION:Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
AGREEMENTS
3.4 Cooperative Agreement between the City of Orange and the County of Orange for
land exchange for the construction of the Cannon Street and Santiago Canyon
Road Improvements. (SP-3233). (A2100.0
Agr-5296)SUMMARY: The Cooperative Agreement between the City of Orange and
the County of Orange establishes the respective responsibilities of each agency for
the land exchange of parcels at the intersection of Cannon Street and Santiago
Canyon Road.ACTION: Approved the Cooperative Agreement and authorized the Mayor
and City Clerk to execute on behalf of
the City.FISCAL IMP ACT: There is no fiscal impact other than staff time associated
with the negotiation and preparation of the Cooperative Agreement. Exchange
of properties with the County represents an estimated savings to the City of $800,000 if
the property was acquired for
project implementation.
CITY COUNCIL MINUTES July 8, 2008
3. CONSENT CALENDAR (Continued)
3.5 Termination of Agreement No. 4401 and associated First and Second
Amendments with P&D Consultants and TCB/AECOM, doing business as
EDA W, and execution of a new consolidated contract under the sole name of
EDA W, Inc. in response to corporate restructuring involving the City's
consultant. (A2100.0 Agr-
5297)SUMMARY: The City originally entered into Agreement No. 4401 in January
2004 with Cotton/Bridges/Associates, a Division of P &D Consultants. The
First Amendment to the contract was executed in October 2005 with the same
corporate entity. The Council approved the Second Amendment to the contract in February
2008.That amendment identifies the consultant as TCB/ AECOM, doing business as EDA
W.At this time the consultant has requested that a new contract under the sole name
of EDA W be executed with the City and the original contract and associated
amendments be terminated. This request does not involve any changes to the previously
approved scope of work and budget for the
project.ACTION: 1) Terminated Agreement No. 4401 with Cotton/Bridges/Associates,
a Division of P&D Consultants and associated First and Second Amendments,
also naming TCB/AECOM, doing business as EDA W (formerly Cotton/Bridges/
Associates,a Division of P&D Consultants); and 2) Approved an agreement with EDA W, Inc.,
in the amount of $301,250.66 and authorized the Mayor and City Clerk to execute
on behalf of the
City.FISCAL IMP ACT: This action does not involve any change to the approved
project
budget.REMOVED AND HEARD SEP ARA TEL
Y)3.6 Official Police Towing and Storage Service Agreements. (A2100.0
Agr-5298;4710.1; 4713.1; 4714.1;
4715.1)SUMMARY: The Orange Police Department uses private towing companies
for the removal, storage and impound of vehicles during the course of
business. Individual companies are qualified according to the agreement and Department Order
66. The current agreement with the contracted tow companies is scheduled to expire on
July 7,2008. It is the recommendation of the Police Department and the City
Attorney to extend the current contract for one year with the companies that are currently
in good standing. In addition, we would add Hadley's Towing to the official contract
for the same one year period. This extension and new contract would be effective
through July
7,2009.Discussion - In response to a request from Councilmember Bilodeau, City
Manager John Sibley reported he will provide a written report to the Council on the
initial findings on the possibility of a City tow
yard.PAGE
CITY COUNCIL MINUTES July 8, 2008
3. CONSENT CALENDAR (Continued)
MOTION:
SECOND:
AYES:
ABSENT:
Bilodeau
Cavecche
Smith, Murphy, Cavecche, Bilodeau
Dumitru
Moved to 1) Authorize the Mayor and City Clerk to execute the first amendment to the
agreements between the City and Orange Towing, American All-Star Towing,
Archies Towing and Tows-R-Russ, on behalf of the City; and 2) Authorize the
Mayor and City Clerk to execute the agreement between the City and Hadley Tow, on behalf
of the City FISCAL IMP ACT: No fiscal impact for services provided for
non-City owned vehicles.3.7 Approval of Property Use Agreement with the City
of Orange Public Library Foundation (OPLF) concerning a fundraising
opportunity during the 2008 International Street Faire. (
A2100.0 Agr-3580.E)SUMMARY: Agreement to allow the non-profit
OPLF to operate pay parking lots once again on four areas of designated
City property during the International Street Faire. Cost per parking stall or
per vehicle will be $10.00.ACTION: Approved Agreement with the
City of Orange Public Library Foundation OPLF) to operate pay parking lots at $10.00 per parking
stall or per vehicle in four areas of designated City property
during the 2008 International Street Faire.FISCAL IMP ACT: Because the Library Foundation
will reimburse the City for staff costs (if any) associated with the use of the parking lots
as a
fundraiser, there is no
fiscal impact.REMOVED AND HEARD SEPARATELY)3.8 A proposed agreement with
Hogle-Ireland, Inc. to prepare mixed-use zoning standards for inclusion in the
City's Zoning Ordinance, and consider approval of a Cooperation Agreement
between the City and Redevelopment Agency to provide for the Agency to pay
for the work effort. (A2100.0 Agr-5299; 5300)
See related Redevelopment Agency Minutes Item No. 3.4.)SUMMARY:
Preparation of mixed-use zoning standards is being undertaken in anticipation of the City's
adoption of mixed-use land use districts proposed as part of
the Comprehensive General Plan Update. The proposed General Plan land
use designations include five new mixed-use categories. The existing
Zoning Ordinance does not include development standards specific to mixed-use projects. Development
standards are needed to implement the new land use designations once they
are adopted. Preparation of the mixed-use zoning standards is being undertaken at this time
so that they are complete and ready for adoption
either in
CITY COUNCIL MINUTES July 8, 2008
3. CONSENT CALENDAR (Continued)
Discussion - Councilmember Smith commented on the increased density that will result from
the mixed-use zoning and requested that adequate representation of the public, as
well as the General Plan Advisory Committee, be included in establishing the
standards. She also requested the integrity of the neighborhoods be protected; the
demolition guidelines be strictly adhered to; and that the briefings to Council and the
Planning Commission, as well as the two public hearings not take place during the
holiday season.
Mayor Cavecche commented on the need to address infrastructure needs resulting from
the increased density.
MOTION: Smith
SECOND: Cavecche
AYES: Smith, Murphy, Cavecche, Bilodeau
ABSENT: Dumitru
MOVED TO: 1) Approve an agreement with Hogle-Ireland, Inc. to prepare the
mixed-use zoning standards for an amount not to exceed $60,000; 2) Approve the
Cooperation Agreement between the City and Redevelopment Agency to provide for the Agency
to pay for the cost associated with the mixed-use zoning standards
preparation, and authorize the Mayor and City Clerk to execute on behalf of
the City.FISCAL IMP ACT: Funds will be available in the following
accounts upon appropriation in a companion item on the Redevelopment
Agency agenda:943-9800-426700-9798
Mixed
Use Ordinance $60,000 APPROPRIATIONS 3.9 Assembly Bill (AB) 3229 grant money for
funding of
Police support personnel.C2500.K)SUMMARY: AB 3229 makes funds available under the
Citizen's Option for Public Safety (COPS) Program in the Governor's budget.
The City of Orange anticipates receiving $241,700 of these funds and proposes
to fund one Crime Prevention Specialist, and one part-time and
one full-time Civilian Investigator. These positions enhance the Police Department's ability to
place sworn Police Officers in the field.ACTION: When received, allocated the FY 2008
COPS grant award to fund two full-time and one
part-time
CITY COUNCIL MINUTES July 8, 2008
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Since 1997, the City of Orange has received funds through the
COPS grant program. These funds have been placed in a separate fund (354 - AB 3229
Supplemental Law Enforcement Services) and cannot be transferred to or intermingled
with other funds, except to facilitate appropriation and expenditures by the statute.
Interest earnings in Fund 354 will also be allocated to payroll expenditures for the
three positions. The anticipated award of $241,700 will support the allocation plan and
the approval does not require a budget adjustment.3.
10 Request to accept into the City's revenue budget and to appropriate two donations to
Orange Public Library: $2,500.00 from the Woman's Club of Orange, and 300.
00 from Soroptimist International of Orange. (C2500.I)SUMMARY:
The Woman's Club of Orange, using the City of Orange Public Library Foundation
as its conduit, has donated $2,500.00 to the library, and Soroptimist International
of Orange has also donated $300.00. The funds will be used to purchase new
story time books, puppets and other materials to support children's programming at the
city's libraries. Acceptance of these revenues and their appropriation into the FY 08-
09 budget are requested.
ACTIONS: 1) Accepted a $2,500.00 donation from the City of Orange Public Library
Foundation, representing a gift from the Woman's Club of Orange, and direct the funds
to revenue account 100-2001-293900-9935; 2) Accepted a $300.
00 donation from Soroptimist International of Orange, and direct the funds to
revenue account 100-2001-293900-9935; and 3) Appropriated these two
donations to expenditure account 100-2017-
443400-9935 (Woman's Club & Soroptimist Donation).FISCAL IMPACT: The Library's
available funds for books, puppets and other materials to support children's storytimes will increase
by $2,800.00 in FY 08-09 thanks to these donations from
the Woman's
Club of Orange and Soroptimist
International of Orange.3.11 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.
Nature's Wellness Collective, Inc.b. Laurie Potter ACTION: Denied Claim(s) for
damages and
CITY COUNCIL MINUTES July 8, 2008
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.12 Award of Contract; Bid No. 078-64 Fire Department Headquarters
Tenant Improvements (SP-3567). (A2100.
0 Agr-5302)SUMMARY: Bids for the Fire Department Headquarters
Tenant Improvements were received, and opened on June 19, 2008. Four bidders responded to
the Notice Inviting Bids. The apparent low bidder is R. S. Haglund Construction of Santa
Ana in the amount of $48,833.75. The Engineer's Estimate is $70,
000 including contingencies
and construction engineering.ACTION: 1) Awarded the contract in the amount of $48,833.75 to
R. S. Haglund Construction and authorized the Mayor and City Clerk to execute on behalf
of the City.2) 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 an amount, in the aggregate, not to exceed 10% of
the contract amount.FISCAL IMP ACT: Funds are budgeted in the Capital Improvement
Program and are available in
the following account:500-3011-481200-2615 (
Fire Headquarters Office Reconfiguration) $100,000 3.13 Award of Bid No. 078-51; Liquid
Chlorine Deliveries to various City of Orange Well Sites
for Fiscal Year 2008-2009. (A2100.0 Agr-5301)SUMMARY: This contract
authorizes the vendor to supply and deliver liquid chlorine to various City of Orange Well
Sites. Waterline Technologies,
Inc. of Santa Ana is the lowest responsible bidder.ACTION: Awarded the contract
in the amount of $60,706.56 to Waterline Technologies, Inc. and authorized the Mayor
and
City Clerk to execute on behalf of the City.FISCAL IMPACT: Funds are
budgeted and are available in the Water Operating Fund for Fiscal Year 200812009. The total
contract amount
is based upon an estimate
of 12 months expenditures.600-8011-445300 (Chemicals) $60,706.56 3.14 Final Acceptance
of Bid No. 078-14; SP-3615; Fire Station No.3 & 7 Automatic
Gates and Fences and authorization to file Notice
of Completion with the County Recorder (No staff reoort required). (A2100.0 Agr-
5145)SUMMARY: Bid No. 078-14; SP-3615; Fire Station No.3 &
7 Automatic
CITY COUNCIL MINUTES July 8, 2008
3. CONSENT CALENDAR (Continued)
ACTION: Accepted public work improvements, authorized issuance of City of Orange
check for $43,409.00 to La Habra Fence Co., Inc. to reimburse for Cashiers Check
Number 58096 dated October 12, 2007 in the amount of $43,409.00 from Pacific
Mercantile Bank that was deposited into City of Orange bank on October 25,2007 and
authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
3.15 Final Acceptance of Bid No. 078-43; SP-3571; Prospect
Street Rehabilitation Project from Chapman Avenue to Bond Avenue and authorization to file
Notice of Completion with the County Recorder (No staff reoort required). (A2100.
0
Agr-5261)SUMMARY: Bid No. 078-43; SP-3571; Prospect
Street Rehabilitation Project from Chapman A venue to Bond A venue. The contractor on said job
was
Hardy and Harper,Inc.ACTION: Accepted public work improvements,
authorized release of International Fidelity Insurance Company of New Jersey, Bond No. 04439358
in the amount of 619,000.00 and authorize the Mayor and City Clerk to
execute
the Notice of
Completion.
FISCAL IMPACT: None.PURCHASES 3.16 Purchase of print and non-print materials
for Orange Public Library facilities from Baker & Taylor, Inc., in the amount of $
120,000.00. (C2500.I)SUMMARY: Request for authorization of a $120,000.
00 purchase order with Baker &Taylor, Inc., for print and non-print materials (i.
e., books, DVDs, compact discs, etc.)for the Taft and El Modena branch libraries
and for the Orange Public Library &History Center (
also known as the Main Library).ACTION: Authorized purchase of print
and non-print materials for Orange Public Library facilities from Baker & Taylor, Inc.,
in the amount of $120,000.00.FISCAL IMP ACT:
Sufficient funds exist in the following
account:100-
CITY COUNCIL MINUTES July 8, 2008
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.17 RESOLUTION NO. 10304 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
No. LL 2008-03 combining two parcels of certain real properties situated at 2200
and 2248 N. Batavia Street in the City of Orange, County of Orange, State of
California.Owner: USF Bestway, Inc., an Arizona
Corporation ACTION:
Approved.3.18 RESOLUTION NO. 10309 (C2500.J.4.3.
1)A Resolution of the City Council of the City of Orange Establishing a Letter
of Understanding Between the City of Orange and the Orange Fire
Management Association effective March 1,2008 through February 28,
2011.ACTION: 1) Approved Resolution No. 10309; 2) Authorized appropriations to
the proper Fire Department salary and benefit account for FY 08 of $14,728 from
the unreserved fund balance of the General Fund 100 (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 $45,306 from the
unreserved fund balance of the General Fund 100 (the remaining costs have already been
included in the FY 09
budget).3.19 RESOLUTION NO. 10310 (C2500.J.1.0.
1)A Resolution of the City Council of the City of Orange amending the Master
Schedule of Fees and Charges to adjust Emergency Ground Transportation Ambulance
Rates.ACTION:
Approved.MOTION - Murphy
SECOND - Smith AYES -
Smith, Murphy, Cavecche, Bilodeau ABSENT - Dumitru
Items 3.6
and 3.8 were removed and heard separately. All items on the Consent Calendar were approved
as recommended.END OF CONSENT
CALENDAR PAGE Q
CITY COUNCIL MINUTES July 8, 2008
4. REPORTS FROM MAYOR CA VECCHE - None.5.
REPORTS FROM COUNCILMEMBERS - None.6. REPORTS
FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.7. ADMINISTRATIVE REPORTS -
None.8. REPORTS FROM CITY
MANAGER - None.9. LEGAL AFFAIRS - None.10.
PUBLIC HEARINGS 10.1 WIRELESS
COMMUNICATION FACILITIES. (A2500.
0 Ord-06-08)Time set for public
hearing to consider an Ordinance updating definitions and procedures pertaining to the placement
and design of wireless communication facilities.ORDINANCE NO. 06-08 (
FIRST READING)An Ordinance of
the City Council of the City of Orange amending Section 17.04.042 and 17.12.025
ofthe Orange Municipal Code to update definitions and procedures pertaining to the placement and design
of wireless communication facilities.Discussion - Councilmember Smith
requested a continuance to the July 22, 2008 meeting at 4:30 p.m.
MOTION - Smith SECOND - Murphy
AYES - Smith, Murphy,
Cavecche, Bilodeau ABSENT -
Dumitru Moved to continue to the
July 22, 2008
Council meeting.11. RECESS TO THE MEETING OF THE ORANGE
REDEVELOPMENT AGENCY PAGE 10
CITY COUNCIL MINUTES July 8, 2008
12. RECESS TO CLOSED SESSION
The City Council recessed to a Closed Session at 5:05 p.m. for the following purposes:
a. Public Employee Performance Evaluation pursuant to Government Code Section 54957.
Title: City Manager
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6
City's designated representative: City Attorney David De Berry
Unrepresented employee: City Manager John Sibley
c. Conference with labor Negotiator pursuant to government Code Section 54957.6:
City Negotiators: Personnel Director Steven Pham / Personnel Manager Mike
Harary
Employee Organizations: Police
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.
PAGE 11
CITY COUNCIL MINUTES July 8, 2008
7:00 P.M. SESSION
13. PUBLIC COMMENTS - Russell Garcia, spoke favorably on a proposed development.14.
PUBLIC HEARINGS 14.
1 WEED ABATEMENT. (C2500.H.2)Time
set for a hearing to consider and hear objections to the proposed removal of weeds which constitutes
a public nuisance upon property generally located between La V eta Avenue and Fairhaven
Avenue, and between Esplanade Street and Woodland Street (Assessor's Parcel Numbers
094-451-38 and
094-122-21).NOTE: Resolution No. 10306 adopted by the City Council on June 24, 2008
declares weeds a public nuisance and
initiates abatement proceedings.Discussion - Raymi Wun, Fire Inspector Specialist, provided a report, clarifying that
there has been communication with the property owner; that this action would be the final
action and initiate abatement by the city's contractor; and that there is Fire Department access
onto the property, even ifthere is a
locked gate.MAYOR CA VECCHE OPENED THE
PUBLIC HEARING Brian Jacobs - spoke in favor of the weed abatement, suggesting that the city consider a
more expedient manner to abate
weeds.John Wolfe - spoke in favor of the weed abatement.
MAYOR CA VECCHE CLOSED THE PUBLIC HEARING
Council Action:
MOTION - Murphy SECOND -
Smith AYES - Smith,
Murphy, Cavecche, Bilodeau ABSENT - Dumitru Moved
to find that
properties described as Assessor Parcel Numbers 094-451-38 and 094-122-21
be declared as a public nuisance and require abatement of the properties by the City's Weed Abatement
Contractor.P;
loe12
CITY COUNCIL MINUTES July 8, 2008
14. PUBLIC HEARINGS (Continued)
14.2 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 94-1 (
SYCAMORE CROSSING). (L1200.0 LMD-94-
1 Sycamore Crossing)Time set for public hearing to consider approval of the Engineer's Report
for the Annual Assessment for Landscape Maintenance Assessment District 94-1, which
is located in
the Sycamore Crossing Tract.MAYOR CA VECCHE
OPENED THE PUBLIC HEARING.THERE BEING NO SPEAKERS AND NO PROTESTS
RECEIVED, MAYOR CA VECCHE
CLOSED THE PUBLIC HEARING.Howard Morris, Sr. Landscape District Coordinator, reported he has
been meeting with a representative of the Homeowners Association, and will continue
those meetings, on the possibility of transferring maintenance
responsibility to the Association.Councilmember Murphy suggested the assessment not be raised this year,
that the reserves be used to make up the difference and that staff work with the
Homeowners Association to have the association assume responsibility for the maintenance effective
one year from now.City Attorney David DeBerry stated he will research the specifics on
how the Council can dissolve this landscape district, including the status of the bike trail
and the reserves; and whether there were any conditions in the original
development for property maintenance.Staff noted approximately $10,000 of the reserves will be utilized if the
rates remain
at the
current level.Council
Action:MOTION - Murphy
SECOND - Cavecche AYES - Smith, Murphy, Cavecche,
Bilodeau ABSENT - Dumitru
Moved to freeze the assessment at the current level for Landscape Maintenance Assessment
District 94-1; and direct staff to begin the process of transferring the
maintenance responsibility to the Homeowners
Association.PAGE
CITY COUNCIL MINUTES July 8, 2008
14. PUBLIC HEARINGS (Continued)
14.3 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 86-2 (
SANTIAGO HILLS). (L1200.0 LMD-86-
2 Santiago Hills)Time set for public hearing to consider approval of the Engineer's Report
for the Annual Assessment for Landscape Maintenance Assessment District 86-2, which
is located within the Upper Peters Canyon Specific
Plan Area (Santiago Hills).MAYOR CA VECCHE
OPENED THE PUBLIC HEARING.THERE BEING NO SPEAKERS AND NO PROTESTS
RECEIVED, MAYOR CA VECCHE
CLOSED THE
PUBLIC HEARING.Council
Action:RESOLUTION NO. 10307 A Resolution of the City Council of the City of Orange approving the
Engineer's Report and providing for the Annual Assessment for Landscape
Maintenance
District 86-2 (
Santiago Hills).MOTION -
Murphy SECOND - Smith AYES - Smith, Murphy,
Cavecche, Bilodeau ABSENT -
Dumitru Moved to approve Resolution No.
10307.MOTION - Murphy
SECOND - Smith AYES -
Smith, Murphy, Cavecche, Bilodeau ABSENT - Dumitru
Moved to establish
the assessment for Fiscal Year 2008-09 for Landscape Maintenance Assessment District
86-2 at $369.44per single family unit per year.PAGE
14
CITY COUNCIL MINUTES July 8, 2008
15. PLANNING AND ENVIRONMENT - None.16.
ADJOURNMENT - The City Council adjourned at 7:30 p.m.The next
Regular Council Meeting is scheduled for July 22,2008.Declaration of
City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting
of July 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.MURPHY CITY
CLERK
PAGE 15