HomeMy WebLinkAbout11-09-2010 Council MinutesAPPROVED BY THE CITY COUNCIL ON NOVEMBER 23, 2010
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
November 9, 2010
The City Council of the City of Orange, California convened on November 9, 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 Father Neil Edlin, St. Mary Magdalene Anglican Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tem Teresa Smith
1.3 ROLL CALL
PRESENT -Smith, Murphy, Cavecche, Bilodeau
ABSENT - Dumitru 1.
4PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS -None 2.
PUBLIC COMMENTS -Beth Albright,
Orange, spoke on City street sweeping signs and the processing of tickets. The
City Manager was asked to respond to Ms. Albright's concerns.Paee 1
CITY COUNCIL MINUTES
3. CONSENT CALENDAR
November 9, 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 October 21 and 28, 2010.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of October 26, 2010. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
BIDS
3.4 Bid No. 101-13; Approval of plans and specifications, and request authorization
to advertise for bids the Main Street Widening, and Water Main Line
Improvement Project. (54000.5.3.
7)ACTION: 1) Reviewed, considered, and approved the Addendum to
Mitigated Negative Declaration (MND) No. 1813-09; and 2) Approved plans
and specifications,and authorized advertising for bids for the Main Street Widening, and Water
Main Line
Improvement project.
CITY COUNCIL MINUTES November 9, 2010
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
3.5 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
following claim(s) be denied. (a, c, and d were continued from 10-
12-2010)a. Herbert
Chambers Trust b.
Clarice Corona c.
Robert Hitchcock d. Southern California Edison -Incident
Date: 04-07-10 Discussion -Mayor Cavecche asked for clarification of
the responsibility on sewer pipe damage payment. She expressed concern on the
Chambers and Hitchcock claims a. and c.) citing reasons for not denying them, as the sewer
problems seem to stem from the main line whichshould be
the City's responsibility.Staff clarified that the Y sewer connections are the
homeowner's responsibility, but agreed it
is a rare occurrence.Councilmember Murphy stated the need to establish a policy for
action on these and future claims. He offered that the Y piece of the pipe be considered
part of the main sewer line; and that the division of responsibility should be at the
connection to the Y.Mayor Cavecche stated that it is not clear that the blockage in the
main was caused by this property, and added her belief that this was an isolated incident
that the City was responsible for. She commented for the record, however, that
if there are businesses not cleaning their grease traps and causing recurring problems,
those needed
to be
addressed separately.
MOTION Cavecche SECOND Bilodeau AYES
Smith, Murphy, Cavecche,
Bilodeau ABSENT Dumitru Moved to remove Claims for Damages a and c from consideration;
and denied Claims for Damages b and d, and referred to City
Attorney and
CITY COUNCIL MINUTES November 9, 2010
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.6 Award of Contract for Bid No. 101-09; Upgrade of Energy Management System
at Various City of Orange Facilities Project funded by Energy Efficiency
and Conservation Block Grant (EECBG). (A2100.0
Agr-5654)ACTION: Awarded the contract in the amountof $152,408.00 to
Setpoint Systems Corporation, and authorized the Mayor and City Clerk to execute
the necessary documents on behalf of
theCity.3.7 Contract Change Order No. 2 and Final Payment; Bid No. 089-
31; Cannon Pump Station (W-645) -project performed by Cora Constructors,
Inc. (A2100.0 Agr-5442)ACTION: Approved Contract Change Order No. 2inthe amount
of $30,406.
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toCora Constructors, Inc.RESOLUTIONS 3.8RESOLUTIONNO. 10514 (
54000.5.3.1.2.)A Resolution of the City Council of the City
of Orange rescinding Resolution No.10498, and adopting a Revised Master Resolution of
Permit Parking Areas
within the
City of Orange.ACTION: Approved.3.9RESOLUTION
NO. 10516 (54000.5.4)A Resolution of the City Council of the City of Orange
finding that a portion of Metropolitan Drive is no longer needed by the public
and ordering
thevacation thereof.ACTION: Approved.3.10RESOLUTION
NO. 10519 (C2500.J.4)A Resolution of the City Council of the City of
Orange Regarding
the 2010
Christmas Holiday
Closure.ACTION:
Approved.MOTION Smith SECOND Murphy
AYES Smith, Murphy,
Cavecche, BilodeauABSENT Dumitru Item 3.5 was removed and heard separately. All other items
on the Consent Calendar
were approved
CITY COUNCIL MINUTES November 9, 2010
4. REPORTS FROM MAYOR CAVECCHE
4.1 Elected Officials - CaIPERSSystem.Discussion -
Mayor Cavecche stated the need to explore the options of future elected officials in
Orange being precluded from enrolling in the CaIPERS System. She clarified with staff that once
in the system, enrollees cannot opt out, so this would only affect future elected officials.Councilmember
Bilodeau commented that opting out completely may not be the best option financially,
that it needs to be studied; and suggested elected officials could immediately begin paying
the employee share of the Ca1PERS benefit.The
Council directed the Human Resources and City Attorney Departments to bring back the financial
options on this issue.5.
REPORTS FROM COUNCILMEMBERS -None 6.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS -None 7.
ADMINISTRATIVE REPORTS -None 8.
REPORTS FROM CITY MANAGER -Discussion -City
Manager John Sibley provided the status of current issues, commenting on the need
for policy decisions on these issues:1. Report
on water rate study and staff's request for increase of rates;2. Report
on Information Technology RFP evaluation and selection of contractor;3. Report
on Mid-year Budget;4.
Ca1PERS issues;Community
Services Director Marie Knight reported on the Military Banner program.Acting
Assistant City Manager Rick Otto stated that a report on the status of the budget reduction
plan for emergency medical delivery and fire suppression program is in its final stages.
Mr.
Sibley stated that these reports would be brought back in upcoming meetings.Mayor
Cavecche asked for options on further budget reductions.Page
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CITY COUNCIL MINUTES
9. LEGAL AFFAIRS -None
10. PUBLIC HEARINGS
November 9, 2010
10.1 Adoption of California Building and Fire Codes. (A2500.0 Ord-12-
10 Building &
Fire Codes)Time set for public hearing to consider adoption of the most recent editions of the
model codes related to construction, including the California Building, Plumbing,
Mechanical, Electrical,and Fire Codes, and other
related codes.Discussion -Community Development Director Alice Angus and Fire Marshal
Patrick Dibb gave the
staff reports.MAYOR CAVECCHE OPEND THE PUBLIC HEARING. THERE BEING
NO SPEAKERS,THE MAYOR CLOSED THE
PUBLIC HEARING.Mayor pro tem Smith stated her concern for sprinklers being required in homes in
Old Towne that would drastically affect the integrity of the historical architecture. Staff
clarified that sprinklers are only required in homesover 5,000
square feet.ORDINANCE NO. 12-
10 (FIRST READING)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
Bilodeau SECOND Cavecche AYES Smith,
Murphy, Cavecche, Bilodeau
ABSENT Dumitru Moved to direct staff to maintain current requirement for residential sprinklers
on homes exceeding 5,000 square feet; and that Ordinance No. 12-10 be read by title only
and same was set for second reading by
the preceding vote.
RESOLUTION NO. 10520 A Resolution of the City Council of the City of Orange setting forth findings
with respect to local conditions within the City of Orange which make certain modifications
and changes to the
California Fire
Code.MOTION
Cavecche SECOND Murphy AYES Smith,
Murphy, Cavecche, Bilodeau
ABSENT Dumitru Moved to approve Resolution
No. 10520.
CITY COUNCIL MINUTES November 9, 2010
11. RI~;CESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
12. RECESS TO CLOSED SESSION
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 -The City Council adjourned at 5:45 p.m.
There was no 7:00 p.m. session. The next Regular Council Meeting is scheduled for Tuesday,
November 23, 2010 at 4:30 p.m.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of November 9, 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.
MA URPHY
CITY CLERK
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