HomeMy WebLinkAbout03-23-2010 Council MinutesAPPROVED BY THE CITY COUNCIL ON APRIL 13, 2010
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING March 23, 2010
The City Council of the City of Orange, California convened on March 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 Pastor Larry DiSimone, Calvary Chapel of the Canyons
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Carolyn Cavecche
1.3 ROLL CALL
PRESENT -Smith, Murphy, Cavecche, Dumitru, Bilodeau
ABSENT -None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation recognizing the Community Services Special Events and Program
Sponsors.
Presentation of Resolution to Doug Westfall for service on the Orange Public Library
Board of Trustees.
Recognition of Employee Service.
2. PUBLIC COMMENTS -Tefere
Gebre, spoke on behalf of workers who lost their jobs after the contract change in
waste haulers.Florice
Hoffman, spoke about problems encountered when new trash containers were delivered.
Jose
Alks, spoke about employment issues at CR&R.Wendy
Tarr, spoke in support of the workers who lost their jobs after the contract change
in waste haulers.Page
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
March 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 March 4 and 11, 2010.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting March 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 February 28, 2010. (C2500.F)
ACTION: Received and filed.
AGREEMENTS
3.5 License Agreement between the City of Orange and Mary's Kitchen to operate a
food and human services program. (Continued from February 23, 2010)
A2100.0 Agr-2059.
C)ACTION: Approved the License Agreement with Mary's Kitchen and authorized
the Mayor and City Clerk to execute the agreement on behalf of the
City.3.6 Consultant Services Agreement with Geologic Associates, Inc. for
geotechnical services at Reservoir 2A. (A2100.0 Agr-
4802.A)ACTION: Awarded the contract in the amount of $43,538.00 to
Geologic Associates,Inc. and authorized the Mayor and City Clerk to execute on behalf of
the City.
CITY COUNCIL MINUTES March 23, 2010
3. CONSENT CALENDAR (Continued)
3.7 Ball Field Maintenance Services Agreement with Major League Softball, Inc. to
perform seasonal and periodic maintenance and renovation work to city baseball
and softball fields. (A2100.0 Agr-
5544)ACTION: Approved agreement with Major League Softball, Inc. and authorized
the Mayor and City Clerk to execute on behalf of the
City.3.8 Cooperation Agreement with the Orange Redevelopment Agency providing
for reimbursement by the Agency to the City for costs associated with the
acquisition of two properties located at 1800 E. Chapman Avenue and 1710 E.
Chapman Avenue. (A2100.0
Agr-5540)See related Orange Redevelopment Agency Minutes Item No.
3.3.)ACTION: 1) Approved the Cooperation Agreement between the City and
Agency; 2)Found and determined that the portion of the real property commonly known
as 1710 E. Chapman Avenue that remains following completion of the street
widening and improvements is surplus to the City's needs; and 3) Authorized the Mayor
and City Clerk to execute the Cooperation Agreement and all documents determined by
the City Manager to be necessary and appropriate to carry out and implement
the Cooperation Agreement and to administer the City's obligations, responsibilities, and duties
to be performed there under, including the conveyance to the Agency of that portion
of 1710 E. Chapman Avenue that will remain as surplus to the City's
needs following completion of the street
widening
project.APPROPRIATIONS 3.9 Appropriation of Revenue for 2009 Special Events and
Sponsorship Programs.
C2500.
N)ACTION:Appropriated sponsorships and donations from the following
revenue accounts:100.7015.48390 (Special EventDonations) $17,
467.85100.7001.48390 (General Donations) $ 1,
000.00TOTAL: $18,
467.85 To the following
expenditure accounts:100.7015.51350 (Other Rental andLeases) $ 5,
817.85100.7015.51660 (Publicity andAdvertising) $ 1,
500.00100.7015.51670 (Professional Services) $11,
150.00 TOTAL: $18,
467.85
CITY COUNCIL MINUTES March 23, 2010
3. CONSENT CALENDAR (Continued)
BIDS
3.10 Bid No. 090-32; approval of plans and specifications, and request authorization
to advertise for bids for construction of Community Development Block
Grant CDBG) Fiscal Year 2009-10 Street Rehabilitation and
Reconstruction Projects:Hamlin Street, Espanita Street, East Philo Avenue, Via Lardo
Avenue, Park Street, Earlham Street, West Philo Avenue, Washington
Avenue, Marmon Avenue, Century Drive, and Wilson AvenueImprovements. (54000.
5.7)ACTION: Approved plans and specifications and authorized advertising for
bids for the CDBG FY 09-10 Street Rehabilitation
andReconstruction Projects.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.Guillermo Benitez
b.Mario Losi
c.Douglas Ming
d.Rick Puvogel
e.Connie Shears Speaker -Douglas Ming, speakingabout the city's policy regarding
street trees
and sewer problems.City Attorney David DeBerry reported the initial inspectionon Mr.
Ming's claim showed that the city tree did not cause the damage to the sewer line,
but will continue to
evaluate the situation.It was noted that the claim from Mario Losi also involved a city
tree
and sewer
problems.MOTION -
Smith SECOND -Murphy AYES -Smith, Murphy,
Cavecche, Dumitru, Bilodeau ACTION: Denied Claim(s) for damages from Guillermo Benitez,
Rick Puvogel and Connie Shears and referred to City Attorney and Adjuster; and
removed claims from Mario Losi and Douglas Ming
for further
CITY COUNCIL MINUTES March 23, 2010
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.12 Final Acceptance Bid 089-32; Batavia and Glassell Street Sidewalk
Improvements Project -Pivot Group, Inc. (No staff report required). (A2100.0
Agr-5427)ACTION: Accepted public work improvements, authorized release
of American Contractors Indemnity Company Bond No. 1000811471 in the amount of $559,
689.00 and authorized the Mayor and City Clerk to execute the Notice
ofCompletion.3.13 Contract Change Order to Asphalt Concrete Replacement Contract
with Hardy Harper, Inc. (A2100.
0 Agr-5120)ACTION: Approved Contract Change Order to the
asphalt concrete replacement contract with Hardy & Harper, Inc. in the amount
of $
200,000.DONATIONS 3.14 Donation of Self Contained Breathing Apparatus (SCBA) bottles
to the Queretaro Fire Department,
Mexico. (C2500.H)ACTION: Authorized the Fire Department to donate 150 used SCBA
bottles to the Fire Department
in
Queretaro, Mexico.PURCHASES 3.15 Accept an Assistance to Firefighters Grant for the purchase
of four AutoPulse Cardiac Support Pumps; and authorize the purchase of
four AutoPulse devices from Zoll Medical
Corporation. (C2500.H)ACTION: 1) Accepted the Assistance to Firefighters Grant for $48,912 to
be used for the purchase of four AutoPulse machines; 2) Appropriated $48,
912 to expenditureaccount100.3022.55131.20023; and 3) Authorized the purchase
of four AutoPulse Cardiac Support Pumps from Zoll Medical Corporation on
asole-source
basis
for61,140.RESOLUTIONS 3.
16 RESOLUTION NO. 10435 A Resolution of the City Council of the City of Orange
approving Lot Line Adjustment No. LL 2009-04 adjusting lot lines of certain real
properties situated on the northeast corner of Chapman Avenue and Tustin Street, in the City
of Orange, County of Orange,State of
California. (C2500.
M.16.
CITY COUNCIL MINUTES March 23, 2010
3. CONSENT CALENDAR (Continued)
3.17 RESOLUTION NO. 10440 (C2500.M.14)
A Resolution of the City Council of the City of Orange Finding and Determining that
the Public Interest, Convenience and Necessity Require the Acquisition for Public
Purposes of Property Located at 202 S. Main Street and Authorizing the Execution of
Escrow Instructions Therefore.
ACTION: Approved.
MOTION -Murphy
SECOND -Smith
AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau
Item 3.11 was removed and heard separately. 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 - None 6.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS -None 7.
ADMINISTRATIVE REPORTS 7.
1 Agreement with the Orange Sunrise Rotary for use of the Orange Plaza area for their
Annual Car Show in April. (A2100.0Agr-5541)
S~ -Rae Shirer, Orange Sunrise Rotary, spoke in support of the agreement.
Councilmember Dumitru confirmed with staff the car show was never held on Easter Sunday.
MOTION - Dumitru SECOND -
Bilodeau AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved
to approve the Agreement and authorize the Mayor and City Clerk to execute on behalf of
the City.Page
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CITY COUNCIL MINUTES March 23, 2010
7. ADMINISTRATIVE REPORTS (Continued)
7.2 Cooperative Agreement No. C-9-0901 between the Orange
County Transportation Authority and the City of Orange and the Orange Redevelopment Agency
for expansion of parking capacity at Orange Santa Fe Depot. (A2100.
0 Agr-5542)See related Orange Redevelopment Minutes Item
No. 7.1.)
MOTION - Dumitru
SECOND -Murphy AYES -Smith, Murphy, Cavecche,
Dumitru, Bilodeau Moved to: Approve Cooperative Agreement No. C-9-0901, and authorize
the Mayor and City Clerk to execute on
behalf of the City.8. REPORTS
FROM CITY MANAGER -
None9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 12-09 (
SECOND READING) (C2300.E GPA-2009-0001)An Ordinance of the City Council of theCity of
Orange AddingSubsections 17.38.040d and 17.38.065 to the Orange Municipal Code
Relating to Uses Made Nonconforming Due to General Plan Update and
Termination ofNon-
Conforming Uses
and Deleting
Section 17.18.050.MOTION -Cavecche
SECOND -Smith AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance 12-09 be read by title
only and
samewas approved and adopted by the preceding vote.9.2
ORDINANCE
NO. 1-10 (FIRST READING) (A2500.0 Ord-O1-10 Massage Establishments)An Ordinanceof the City Council
of the City of Orange Amending Chapter 5.56 of
the Orange Municipal Code Regulating the Licensing and Operation of Massage Establishments.
Discussion -City Attorney David DeBerry reported the current City ordinance is inconsistent with state law, and
it would be unclear what provisions are enforceable if no changes were made to
the current ordinance. However, AB 1822 is
being proposed which would revert enforcement back to the cities effective 2016.Council asked
for a
CITY COUNCIL MINUTES March 23, 2010
9. LEGAL AFFAIRS (Continued)
MOTION -Bilodeau
SECOND - Dumitru AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved
that Ordinance 1-10 be read by title only and same was set for second reading by the
preceding vote.
10. RECESS TO 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 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
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.
12. ADJOURNMENT -The City Council Adjourned at 7:15 p.m.
There was no 7:00 p.m. Session. The next Regular Meeting is scheduled for April 13, 2010.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of March 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.
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M UPPHY
LITY CLERGY
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