HomeMy WebLinkAbout02-23-2010 Council MinutesAPPROVED BY THE CITY COUNCIL ON MARCH 9, 2010
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
February 23, 2010
The City Council of the City of Orange, California convened on February 23, 2010, at 4:30
p.m. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange,
California.
4:3~ P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Mrs. Marie Ubl, Vice Principal, Holy Family Cathedral School
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Cub Scout Pack 151, Holy Family Cathedral School -Color Guard
Junior Girl Scout Troop 626, Holy Family Cathedral School -Pledge of Allegiance
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Proclamation recognizing
Holy Family Cathedral School on its 60th Anniversary.Presentation by
the Dog Park Association.Recognition of
Employee Service.2. PUBLIC
COMMENTS -None Page 1
CITY COUNCIL MINUTES
3.
3.1
3.2
3.3
3.4
3.5
3.6
3.7
CONSENT CALENDAR
February 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.
Confirmation of warrant registers dated February 4 and 11, 2010.
ACTION: Approved.
City Council Minutes, Regular Meeting February 9, 2010. (C2500.D.4)
ACTION: Approved.
Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
City Treasurer's Report, period ending January 31, 2010. (C2500.F)
ACTION: Received and filed.
Investment Oversight Committee Report, period ending January 31, 2010.
ACTION: Received and filed.
AGREEMENTS
Agreement with California Surfacing for resurfacing of the sports courts at El
Camino Real Park. (A2100.0 Agr-
5529)ACTION: Approved the Agreement and Authorized the Mayor and City Clerk
to execute the Agreement on behalf of the
City.Third Amendment to Agreement No. 5102 with David Evans and Associates
for the El Camino Real Park Renovation Project. (A2100.0 Agr-
5102.3)ACTION: Approved the Third Amendment to Agreement No. 5102 with
David Evans and Associates, and authorized the Mayor and City Clerk to execute the
amendment on behalf of
the City.
CITY COUNCIL MINUTES February 23, 2010
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY
3.8 License Agreement between the City of Orange and Mary's Kitchen to operate a
food and human services program. (A2100.0 Agr-2059.
C)Note: Staff has requested this item be continued to March 23,
2010.MOTION -
Cavecche SECOND -
Smith AYES -Smith, Murphy, Cavecche, Dumitru,
Bilodeau ACTION: Moved to continue to March 23,
2010.3.9 First Amendment to Attorney Services Agreement with the law firm of
Gibbs,Giden, Locher, Turner & Senet LLP to provide legal services in specific
matters.A2100.0 Agr-
5483.1)ACTION: Approved and authorized the Mayor and City Clerk to execute
a First Amendment to Attorney Services Agreement with Gibbs, Giden,
Locher, Turner &Senet LLP on behalf of
the
City.APPROPRIATIONS 3.10 Appropriation of funds received from Santa Ana College for
Fire Department training, to be used for outside instructors and purchase of
improved training aids, equipment, books and materials. (
C2500.H)ACTION: Appropriated $36,128.25 from100.3023.48210.12534 (Santa
Ana Training Funds) to100.3023.51840.12534 (
Local Training).3.11 Request to accept $6,000 total intothe City's revenue budget from the
Friends of the Orange Public Library, John &Leilani Martin and Sony Construction
L.P.and appropriatethe $6,000 for the annual children's summer
readingprogram.
C2500.I)ACTION: 1) Accepted into the City's revenue budgeta $2,000 donation
from John &Leilani Martin intoAccount100.2001.48390.20021; $2,000 donation
from Sony Construction L.P. into Account100.2001.48390.20022; $2,000 donation
from the Friends of the Orange Public Library into Account100.2001.48390.19990;
and 2)Appropriated the Summer Reading donations as follows: $4,000
to Account100.2017.51670 (Other Professional & Consulting Services) and $2,000
to Account100.2017.53340 (
Craft Supplies).
CITY COUNCIL MINUTES February 23, 2010
3. CONSENT CALENDAR (Continued)
BIDS
3.12 Bid No. 090-27; Annual Concrete Replacement at Various Locations, Fiscal
Year 2009-10. Approval of plans and specifications and authorization to
advertise for bids. (54000.
5.7)ACTION: Approved plans and specifications and authorized advertising for
bids for the Annual Concrete Replacement at Various Locations, FY
2009-10 Project.3.13
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. Jonathan Muniz
b. Robert Soncrant ACTION: Denied Claim(s) for damages and referred to City
Attorney
and Adjuster.CONTRACTS 3.14 Final Acceptance of Bid No. 090-
03; Santiago Boulevard Rehabilitation Improvements Project from 255 feet south of
Brookside AvenuetoLincoln Avenue - R.J. Noble Company (No staff report required). (
A2100.0 Agr-5468)ACTION: Accepted public work improvements,
authorized release of Travelers Casualty and Surety Company of America, Bond No. 105294002
intheamount of 940,491.55 and authorized the Mayor and City Clerk to
execute
the Notice
ofCompletion.TIME EXTENSION 3.15 Time Extension for Conditional Use Permit
No. 2647-07; Design Review Committee 4214-07, and
Mitigated Negative Declaration 1786-07 for the construction of a 52-bay service
facility for Toyota of Orange, located
at 1485 North Tustin Street. (C3300.0 CUP-2647-07)NOTE: Councilmember Murphy
recorded an abstention vote on this item
due to a potential conflict of interest related to employment.
ACTION: Approved aTwo-Year Time Extension for Conditional Use
Permit
No.2647-
CITY COUNCIL MINUTES February 23, 2010
3. CONSENT CALENDAR (Continued)
MOTION - Dumitru SECOND -
Murphy AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Item
3.8was heard separately and continued to March 23, 2010. Councilmember Murphy
recorded an abstention on Item 3.1S. All other items on the Consent Calendar were
approved as recommended.END
OF CONSENT CALENDAR 4.
REPORTS FROM MAYOR CAVECCHE -None 5.
REPORTS FROM COUNCILMEMBERS -Councilmember Dumitru
commented on the early release of certain prisoners in Orange County, asking
residents to be diligent in reporting anything suspicious in the community.6. REPORTS
FROM BOARDS, COMMITTEES, AND COMMISSIONS -None 7. ADMINISTRATIVE
REPORTS 7.1
EastOrange County Water District's request for proposal to consolidate its Wholesale Zone
operations with a neighboring public entity. (Continued from February 9, 2010) (
OC1300.G.1)NOTE: Staff
recommends this item be removed from the agenda and continued to no date certain.MOTION
Bilodeau
SECOND Cavecche
AYES Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved to
continue to no date certain.Page 5
CITY COUNCIL MINUTES February 23, 2010
7. ADMINISTRATIVE REPORTS (Continued)
7.2 Report on Amending and Revising the Master Schedule of Fees and Charges as
authorized by Orange Municipal Code Chapter 3.10. (C2500.J.1.0.1)
RESOLUTION NO. 10431
A Resolution of the City Council of the City of Orange amending the Master Schedule of Fees
and Charges for various services and the rental of rooms and equipment.
Discussion -Finance Director Rich Jacobs gave the staff report, stating that the schedule was
last updated two years ago, and that this update included 97 adjustments, 24 new fees and 3 fee
reductions. He indicated a correction to the annual fire alarm permit fee; noting that this annual
fee was to keep the contact database updated to notify of false alarms or alarm malfunctions.
beakers:
Jesus Nieto spoke on the adult baseball league's inability to use park facilities.
Sue Miller spoke on fire inspection fees charged to family child care providers.
Fire Chief Bart Lewis explained that the family child care inspection fee is based on the work
performed, not the size of the building being inspected, and that the fee decrease is due to a
change in the method of inspection. He also addressed the hazardous materials disclosure fee,
stating that even though the fee is being increased, the city will still subsidize this fee; and that
there was no notice provided to the businesses.
Finance Director Rich Jacobs stated that the Finance Department will work with any customer
requesting a payment plan. He added that the Chamber of Commerce had not contacted the
City on this item.
Marie Knight, Community Services Director, clarified there is not currently a commercial fee
structure for commercial use of parks, but that many of the recommended fees create this
commercial rate within the fee structure.
Mayor pro tem Smith stated that although she was reluctant to raise fees, updating the schedule
to cover costs to the City was the fiscally responsible thing to do, as these fees do not provide a
profit for the city, they simply cover costs. She noted it is important to provide service in a
safe and healthy community, that this was only the second adjustment in seven years and that
most fees have not changed.
Council discussed the need to raise the parking fines, that it was not exorbitant, and that it only
affected those who broke a law.
Mayor Cavecche reiterated that it was a difficult vote, but the concern is that the general public
not be made to subsidize other businesses or residents.
Councilmember Murphy stated that these were costs for services, rather than a revenue; and
suggested there be more noticing in the future.
Page 6
CITY COUNCIL MINUTES
7. ADMINISTRATIVE REPORTS (Continued)
MOTION -Smith
SECOND -Murphy
AYES -Smith, Murphy, Cavecche
NOES - Dumitru, Bilodeau Moved
to approve Resolution No. 10431.8.
REPORTS FROM CITY MANAGER -None 9.
LEGAL AFFAIRS 9.
1ORDINANCE N0.2-10 (SECOND READING) (C2500.P)
February 23, 2010
An Ordinance of the City Council of the City of Orange approving the reclassification of City
owned property from R-1-6 (Single Family Residential) to PI (Public Institution) -
located at 145 South
Water Street.Zone
Change 1253-09 Applicant:
City of Orange
MOTION - Dumitru
SECOND -Murphy AYES -Smith, Murphy, Cavecche,
Dumitru, Bilodeau Moved that Ordinance No. 2-10 be read by title only and same was approved
and adopted by
the preceding vote.9.2 ORDINANCE N0.3-10 (SECOND READING) (
A2500.0 Sex Offenders)An Ordinance of the City Council of the City of Orange Amending Chapter 9.
10 of the Orange Municipal Code byadding Section 9.10.045 Regulating Registered
Sex
Offenders Conduct on
Halloween.MOTION -
Dumitru SECOND -Cavecche AYES -Smith, Murphy,
Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 3-10 be read by title only and same was
approved and. adopted
by the
CITY COUNCIL MINUTES February 23, 2010
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 Legal Counsel -Anticipated Litigation-Significant exposure to
litigation pursuant to California Government Code Section54956.9(
b).1) One potential
case.b. Conference with Labor Negotiator pursuant to Government Code Section 54957.
6:City Negotiators: City Manager John
Sibley Deputy City Manager Rick
Otto Human Resources/Employee Relations Director Steven
Pham Assistant Human Resources Director Mike
Harary Employee Organizations: All Bargaining
Units c. 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.12. ADJOURNMENT - The City Council adjourned at 6:40 p.m. There was no 7:00
p.m. Session. The next Regular Meeting is scheduled for March 9, 2010.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of February 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.
IVY . MURPHY~-CITY
CLERK Page
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