HomeMy WebLinkAbout11-23-2010 Council MinutesAPPROVED BY THE CITY COUNCIL ON DECEMBER 14, 2010
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING November 23, 2010
The City Council of the City of Orange, California convened on November 23, 2010 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 Chaplain Phil Petek, American Legion Post 132, Orange
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Commander Oliver Taylor, American Legion Post 132, Orange
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Bilodeau
ABSENT - Dumitru
1.4 PRESENTATIONS / ANNOUNCEMENTS/ INTRODUCTIONS
Presentation to Mayor Cavecche by Commander Oliver Taylor, American Legion Post
132, Orange
Recognition of Employee Service
2. PUBLIC COMMENTS - None
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
November 23, 2010
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 Confirmation of warrant registers dated November 4 and 10, 2010.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of November 9, 2010. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 City Treasurer's Report, period ending October 31, 2010. (C2500.F)
ACTION: Received and filed.
3.5 Investment Oversight Committee Report, period ending October 31, 2010.
OR1800.0.27.16)
ACTION: Received and filed.
3.6 Submittal of Annual Financial Reports for Development Impact Fees.
C2500.J.1.0.2)
ACTION: Received and filed.
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CITY COUNCIL MINUTES November 23, 2010
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.7 Mills Act Contract No. 194.0-10 (Historic Property Preservation Agreements)
286 North Orange Street. (A2100.0 Agr -5661)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. 194.0 -10), for the
preservation, restoration and/or rehabilitation of qualified historic property in exchange
for a reduced property tax assessment.
3.8 Mills Act Contract No. 195.0-10 (Historic Property Preservation Agreements)
370 -372 North Cleveland Street. (A2100.0 Agr -5662)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. 195.0 -10), for the
preservation, restoration and /or rehabilitation of qualified historic property in exchange
for a reduced property tax assessment.
3.9 Mills Act Contract No. 196.0-10 (Historic Property Preservation Agreements)
430 East Almond Avenue. (A2100.0 Agr -5663)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. 196.0 -10), for the
preservation, restoration and /or rehabilitation of qualified historic property in exchange
for a reduced property tax assessment.
3.10 Mills Act Contract No. 197.0-10 (Historic Property Preservation Agreements)
291 North Harwood Street. (A2100.0 Agr -5664)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. 197.0 -10), for the
preservation, restoration and /or rehabilitation of qualified historic property in exchange
for a reduced property tax assessment.
3.11 Mills Act Contract No. 198.0-10 (Historic Property Preservation Agreements)
625 East Palmyra Avenue. (A2100.0 Agr -5665)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. 198.0 -10), for the
preservation, restoration and/or rehabilitation of qualified historic property in exchange
for a reduced property tax assessment.
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CITY COUNCIL MINUTES November 23, 2010
3. CONSENT CALENDAR (Continued)
3.12 Mills Act Contract No. 199.0-10 (Historic Property Preservation Agreements)
461 North Shaffer Street. (A2100.0 Agr -5666)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. 199.0 -10), for the
preservation, restoration and/or rehabilitation of qualified historic property in exchange
for a reduced property tax assessment.
3.13 Mills Act Contract No. 200.0 -10 (Historic Property Preservation Agreements)
282 North Waverly Street. (A2100.0 Agr -5667)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. 200.0 -10), for the
preservation, restoration and /or rehabilitation of qualified historic property in exchange
for a reduced property tax assessment.
REMOVED AND HEARD SEPARATELY)
3.14 First Amendment to Consultant Services Agreement No. 4151.A with Shaw
Environmental and Infrastructure, Inc. for the monitoring and reporting of
landfill gas activity at the former Yorba landfill. (A2100.0 Agr- 4151.A.1)
Discussion - Mayor Cavecche confirmed with staff the additional scope of services is
for another fiscal year.
MOTION - Cavecche
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Bilodeau
ABSENT - Dumitru
Moved to approve the Amendment to Consultant Services Agreement No. 4151.A, and
authorize the Mayor and City Clerk to execute the amendment on behalf of the City.
REMOVED AND HEARD SEPARATELY)
3.15 Agreement with Galileo Roofing for the installation of new roofing on a picnic
pavilion at El Camino Real Park. (A2100.0 Agr -5668)
Discussion - Mayor Cavecche, noting that the gap between the first and second bidder
was significant, queried that staff was confident in the quality of work to be provided
by the awardee, Galileo Roofing. Community Services Department Director Marie
Knight reported the scope of work was reviewed with the contractor who assured staff
that their bid was accurate.
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CITY COUNCIL MINUTES November 23, 2010
3. CONSENT CALENDAR (Continued)
MOTION Cavecche
SECOND Bilodeau
AYES Smith, Murphy, Cavecche, Bilodeau
ABSENT Dumitru
Moved to approve the agreement, and authorize the Mayor and City Clerk to execute
the agreement on behalf of the City.
3.16 Sixth Amendment to Consultant Services Agreement with Tetra Tech, Inc. for
additional engineering /construction services for the construction of the Cannon
Pump Station. (A2100.0 Agr- 5004.6)
ACTION: Approved a Sixth Amendment to the Consultant Services Agreement in the
amount of $5,000, and authorized the Mayor and City Clerk to execute on behalf of the
City.
BIDS
3.17 Bid No. 101 -14; Approval of plans and specifications, and request authorization
to advertise for bids for the Tustin Street and Meats Avenue Intersection
Improvements. (S4000.S.7)
ACTION: 1) Reviewed, considered and approved the Addendum to Mitigated
Negative Declaration No. 1814 -09; and 2) Approved plans and specifications, and
authorized advertising for bids for the Tustin Street and Meats Avenue Intersection
Improvements.
3.18 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. KXT, a minor through his guardian ad litem Valissa Taylor
b. Carolina Medina
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES November 23, 2010
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.19 Final Acceptance of Bid No. 090 -36; Annual Pavement Maintenance at Various
Locations, FY 2009 -10 project performed by Hardy & Harper, Inc.; and
authorization to file the Notice of Completion with the County Recorder. No staff
report required.) A2100.0 Agr -5582)
ACTION: Accepted public work improvements, authorize release of International
Fidelity Company of New Jersey, Bond No. 0535564 in the amount of $2,377,000.00 to
the contractor on said job, and authorized the Mayor and City Clerk to execute the
Notice of Completion.
3.20 Final Acceptance of Bid No. 090 -25; Chapman Avenue Rehabilitation Project
performed by All American Asphalt; and authorization to file the Notice of
Completion with the County Recorder. ( staff report required (A2100.0 Agr-
5553)
ACTION: Accepted public work improvements, authorize release of Fidelity and
Deposit Company of Maryland, Bond No. 7615109 in the amount of $1,379,379.00 to
the contractor on said job, and authorized the Mayor and City Clerk to execute the
Notice of Completion.
RESOLUTIONS
3.21 RESOLUTION NO. 10517 (C2500.D)
A Resolution of the City Council of the City of Orange commending Mark A. Murphy
for his Dedicated Service as a Councilmember and Mayor and for his Distinguished
Community Service.
ACTION: Approved.
3.22 RESOLUTION NO. 10521 (C2500.J.1.0.1)
A Resolution of the City Council of the City of Orange amending the Master Schedule
of Fees and Charges for rental fees for the Sports Center at Grijalva Park.
ACTION: Approved.
3.23 RESOLUTION NO. 10522 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
No. LL 2010 -03 adjusting lot lines of certain real properties situated at 7722 and 7736
E. Sandberg Lane, in the City of Orange, County of Orange, State of California.
Owners: Larry Woody and Christopher Kiepfer
ACTION: Approved.
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3.24
END OF CONSENT CALENDAR
CONSENT CALENDAR (Continued)
TRANSFERS (C2500.M.4.20)
November 23, 2010
Transfer of $194,958 from a Miscellaneous Expenditures/Non- Departmental account in
the FY 10 /11 budget to Community Services Department for the operation of the
Grijalva Sports Center.
ACTION: Transferred $194,958 from Expenditure Account 100.0000.52001 to the
following expenditure accounts:
100.5028.51422
100.7012.51700
100.7012.53620
100.7012.50101
100.7012.50312
100.7012.51670
100.7012.51011
100.7012.51100
100.7012.51231
100.7012.51423
18,045
10,000
7,016
83,022
16,056
22,502
3,500
3,000
20,735
3,582
100.7012.53030 600
100.7012.51761 600
100.7012.53011 1,500
100.7012.53350 3,000
100.7012.51330 $ 1,800
TOTAL: $194,958
MOTION Murphy
SECOND Smith
AYES Smith, Murphy, Cavecche, Bilodeau
ABSENT Dumitru
Janitorial Svcs. (Custodial Svcs.)
Contractual Svcs. (Mo. /Quarterly
Maintenance)
Janitorial & Household Supplies
Maintenance Supplies)
Salaries & Benefits (Full -Time
Supervisor)
Part Time & Seasonal —
Miscellaneous (Part-Time Staff)
Other Professional & Consulting
Svcs. (Contract Instructors)
Telephone
Natural Gas
Electricity
Maintenance Cont. Bldg. /Equip.
Security, Alarm IT)
Uniforms & Other Clothing (Staff)
Printing & Binding (Printing)
General Office Supplies
Athletic Supplies (Program
Supplies)
Equipment Rental (Copier Lease)
Items 3.14 and 3.15 were removed and heard separately. All items on the Consent
Calendar were approved as recommended.
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CITY COUNCIL MINUTES November 23, 2010
4. REPORTS FROM MAYOR CAVECCHE
Mayor Cavecche commented on the rash of graffiti appearing on buildings along Tustin Street;
and asked staff to look into the problem.
5. REPORTS FROM COUNCILMEMBERS
Mayor pro tern Smith reported on the progress of the Old Towne Business Parking
Committee, comprised of downtown merchants and city staff, which meets to discuss parking
issues in the Plaza area.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Accept resignation from Fred M. Whitaker from the City Planning Commission,
effective December 7, 2010. (C2500.G.2.5.1)
MOTION Cavecche
SECOND Murphy
AYES Smith, Murphy, Cavecche, Bilodeau
ABSENT Dumitru
Moved to accept resignation of Fred M. Whitaker from the City Planning Commission,
effective December 7, 2010.
7. ADMINISTRATIVE REPORTS
7.1 Bid No. 101 -16; Approval of plans and specifications, and authorization to
advertise for bids for Tustin Street and Chapman Avenue Intersection Widening
Improvements and Proposed 12 inch ductile iron pipes (D.I.P.) Water Mains for
Chapman Avenue from Lincoln Street to Wayfield Street, and Tustin Street from
Washington Avenue to Chapman Avenue. (S4000.S.7)
Discussion — Joe DeFrancesco, Public Works Director, provided a staff report.
MOTION Smith
SECOND Bilodeau
AYES Smith, Murphy, Cavecche, Bilodeau
ABSENT Dumitru
Moved to:
1) Review, consider and approve the Addendum to Mitigated Negative Declaration (MND)
1809 -08;
2) Approve the plans and specifications and authorize advertising for bids for the Tustin
Street and Chapman Avenue Intersection Widening Improvements and Proposed 12 inch
ductile iron pipes Water Mains for Chapman Avenue from Lincoln Street to Wayfield
Street and Tustin Street from Washington Avenue to Chapman Avenue; and
3) Appropriate $1,700,000 from Fund 284 (TSIP Area B) to Account 284.5011.56330.13228
Tustin Street and Chapman Avenue IIP).
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CITY COUNCIL MINUTES November 23, 2010
7. ADMINISTRATIVE REPORTS (Continued)
7.2 Appropriate funding for change orders to the current Fire Station No. 4 remodel
project and Bid No. 101 -06; and award of contract for the Fire Station No. 4 Site
Improvements Project. (A2100.0 Agr -5669)
Discussion — Fire Chief Bart Lewis provided a staff report.
MOTION Murphy
SECOND Smith
AYES Smith, Murphy, Cavecche, Bilodeau
ABSENT Dumitru
Moved to:
1) Request Council to appropriate an additional $313,809 from the Fire Development Impact
Fee Fund's unreserved fund balance. Sufficient funds are available;
2) Reject the bid received from low bidder, Titanium Construction Group, Inc., a California
corporation, on the basis that the bid was not responsive to the City's invitation to bid; and
3) Award the contract in the amount of $109,052 to C.A. Granger Construction, Inc., and
authorize the Mayor and City Clerk to execute on behalf of the City.
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 12 -10 (SECOND READING) (A2500.0 Building & Fire Codes)
An Ordinance of the City Council of the City of Orange amending Titles 2, 8 and 15 of the
Orange Municipal Code, adopting and amending the 2010 Editions of the California Codes
relating to Building and Fire.
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Bilodeau
ABSENT - Dumitru
Moved that Ordinance No. 12 -10 be read by title only and same was approved and adopted by
the preceding vote.
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CITY COUNCIL MINUTES
10. PUBLIC HEARINGS
November 23, 2010
10.1 FREEWAY AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND
THE CITY OF ORANGE FOR THE SR -241 FREEWAY. (A2100.0 Agr -5670)
Time set for public hearing to consider the Freeway Agreement between the State of California
and the City of Orange for the SR -241 Freeway within the City from 0.19 miles south of
Santiago Canyon Road to 0.76 miles north of Santiago Canyon Road.
Discussion — Public Works Director Joe DeFrancesco gave the report.
THE MAYOR OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, THE
MAYOR CLOSED THE PUBLIC HEARING.
MOTION Murphy
SECOND Smith
AYES Smith, Murphy, Cavecche, Bilodeau
ABSENT Dumitru
Moved to: 1) Find that the approval of SR -241 Freeway Agreement is in compliance with the
provisions of the State and Highway Code, Section 100.22; and 2) Approve the SR -241
Freeway Agreement, and authorize the Mayor and the City Clerk to execute on behalf of the
City.
10.2 FREEWAY AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND
THE CITY OF ORANGE FOR THE SR -261 FREEWAY. (A2100.0 Agr -5671)
Time set for public hearing to consider the Freeway Agreement between the State of California
and the City of Orange for the SR -261 Freeway within the City from 0.12 miles south of
Handy Creek Road to SR -241.
Discussion — Public Works Director Joe DeFrancesco gave the report.
THE MAYOR OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, THE
MAYOR CLOSED THE PUBLIC HEARING.
MOTION - Smith
SECOND - Bilodeau
AYES - Smith, Murphy, Cavecche, Bilodeau
ABSENT - Dumitru
Moved to: 1) Find that the approval of SR -261 Freeway Agreement is in compliance with the
provisions of the State and Highway Code, Section 100.22; and 2) Approve the SR -261
Freeway Agreement, and authorize the Mayor and the City Clerk to execute on behalf of the
City.
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CITY COUNCIL MINUTES November 23, 2010
10. PUBLIC HEARINGS (Continued)
10.3 ORDINANCE AMENDMENT — HISTORIC MULTI - FAMILY STRUCTURES.
A2500.0 Ord -14 -10 Historic Multi- Family Structures)
Time set for public hearing to consider an Ordinance amending Chapter 17.17 of the Orange
Municipal Code to recognize historic multi - family properties as permitted uses in areas of the
Historic District Zone (Old Towne Historic District) with a Low Density Residential General
Plan Land Use Designation and Single Family Residential Zoning.
Discussion — Assistant Community Development Department Director Ed Knight gave the
report.
THE MAYOR OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, THE
MAYOR CLOSED THE PUBLIC HEARING.
Mayor pro tem Smith stated that many of the historic multi- family units in Old Towne were
build in the 1920s. She thanked the Planning Commission for thoroughly reviewing this issue,
reinforcing that the craftsman -style structures have a place in the community. She added they
now have official permitted use status, rather than the previous designation of legal non-
conforming.
ORDINANCE NO. 14 -10 (FIRST READING)
An Ordinance of the City Council of the City of Orange amending Chapter 17.17 of the
Orange Municipal Code to recognize Historic Multi- Family structures as permitted uses in
areas of the Historic District Zone with a Low Density Residential General Plan Land Use
Designation and Single Family Zoning.
MOTION Smith
SECOND Murphy
AYES Smith, Murphy, Cavecche, Bilodeau
ABSENT Dumitru
Moved:
1) To find the ordinance categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15305; and
2) That Ordinance No. 14 -10 be read by title only and same was set for second reading by the
preceding vote.
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
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CITY COUNCIL MINUTES November 23, 2010
12. RECESS TO CLOSED SESSION
NOTE: The City Council did not recess to a Closed Session for the following purposes:
a. 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
There was no 7:00 p.m. session.
The City Council adjourned at 6:00 p.m. to an Adjourned Regular Meeting on Tuesday,
December 7, 2010 at 7:00 p.m. in the Council Chambers for the Oath of Office ceremony for
newly elected and re- elected officials.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of November 23, 2010 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; and available at the Civic Center City Clerk's Office.
6""fL
U.RPHY
CITY CLERK
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