HomeMy WebLinkAbout04-27-2010 Council MinutesAPPROVED BY THE CITY COUNCIL ON MAY 11, 2010
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
Apri127, 2010
The City Council of the City of Orange, California convened on April 27, 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 Dr. Stan Smith, First Christian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Denis Bilodeau
1.3 ROLL CALL
PRESENT -Smith, Murphy, Cavecche, Dumitru, Bilodeau
ABSENT -None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of Resolution to Bill Hintz upon his retirement.
Proclamation recognizing Public Works Week.
Recognition of Employee Service.
Mayor Cavecche announced the grand re-opening of El Camino Real Park to take
place on May 1 at9:00 a.
m.2. PUBLIC COMMENTS -
None Page
CITY COUNCIL MINUTES
3.
3.1
3.2
3.3
3.4
3.5
CONSENT CALENDAR
Apri127, 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 April 8 and 15, 2010.
ACTION: Approved.
City Council Minutes, Regular Meeting April 13, 2010. (C2500.D.4)
NOTE: Councilmember Murphy recorded an abstention as he was not present at the
April 13`" Council meeting.
ACTION: Approved.
Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
City Treasurer's Report, period ending March 31, 2010. (C2500.F)
ACTION: Received and filed.
AGREEMENTS
Agreement with Coastal Coatings for Repair of the Hart Park Bandshell Floor.
A2100.0 Agr-
5552)ACTION: 1) Appropriated $37,630 from the unreserved fund balance of the
Park Acquisition and Development Fund (Fund 511) to Account 511.7021.51401 (Repairs
to Equipment); and 2) Approved the agreement and authorized the Mayor and City Clerk
to execute on behalf of the
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CITY COUNCIL MINUTES April 27, 2010
3. CONSENT CALENDAR (Continued)
BIDS
3.6 Approval of Plans and Specifications for Santiago Creek Bike Trail, Tustin-
to-Collins Segment; Bid No. 090-02, and authorization to advertise
for construction
bids.B5000.0)ACTION: Approved the plans and specifications for the Santiago
Creek Bike Trail,Tustin-to-Collins Segment, allowing the Community
Services Director to make any necessary changes; authorized the advertisement for construction
bids for the Creek Bike Trail, Tustin-to-Collins Segment; and
Appropriated $135,000
in ARRA-TE grant
funding to account 550-7021-
56510-16100.REMOVED AND HEARD SEPARATELY)3.7 CLAIMS (C3200.0)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.
Chris Serrato b. Mario Losi c. Douglas Ming d. Paul Sharpe Speaker -Douglas Ming, speaking about
the city'
s policy
on city trees and sewer line
damage.MOTION: Dumitru SECOND: Murphy AYES: Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Removed claims
from Mario Losi and Douglas Ming; and denied Claim(s) for damages from Chris Serrato
and
PaulSharpe only and referred to City Attorney and Adjuster.CONTRACTS 3.8 Contract Change
Order No. 1 -Bid No.
090-13; Sewer Line Replacement Project at Various Locations. (A2100.0 Agr-5522)ACTION: Approved Contract
Change Order
No. 1 in the amount of $33,052.25 to KZC Construction, Inc.3.
9 Contract Change Order No. 1 and Final -
Bid No. 090-04; Cambridge Street Rehabilitation Arterial Highway Rehabilitation Program (AHRP) Project -
Walnut Avenue to Collins Avenue and Katella Avenue to Meats Avenue. (A2100.0
Agr-5469)ACTION: Approved ContractChange Order No.
1 and
CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
April 27, 2010
3.10 Award of Contract for Bid No. 090-25; American Recovery and Reinvestment Act -
Chapman Avenue Rehabilitation Improvements from Main Street to 300 feet east of
Pixley Street and from Hewes Street to 100 feet east of Crawford Canyon Road.
A2100.0 Agr-
5553)NOTE: Councilmembers Dumitru and Bilodeau each recorded a NO vote on this
item.ACTION: Awarded the contract in the amount of $1,379,379.00 to All
American Asphalt and, authorized the Mayor and City Clerk to execute the necessary documents
on behalf of the
City.
RESOLUTIONS3.11 RESOLUTION NO. 10447 (C2500.M.
16)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 2114 and 2138 N. Tustin Street and Authorizing the Execution
of Escrow Instructions
Therefore.ACTION:
Approved.3.12 RESOLUTION NO. 10448 (C2500.M.
16)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 2000 N. Tustin Street and Authorizing the Execution of
Escrow Instructions
Therefore.ACTION:
Approved.MOTION
Smith SECOND
Murphy AYES Smith, Murphy, Cavecche, Dumitru,
Bilodeau Councilmember Murphy abstained on Item3.2; Councilmember Dumitru recorded a
No vote on Item3.10; Councilmember Bilodeau recorded a No vote on Item 3.10; Item3.
7 was removed and heard separately. All other items were approved as
recommended.END OF CONSENT
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CITY COUNCIL MINUTES Apri127, 2010
4. REPORTS FROM MAYOR CAVECCHE -None
5. REPORTS FROM COUNCILMEMBERS -None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS -None
7. ADMINISTRATIVE REPORTS
7.1 Report on Investigation and Settlement Concerns regarding Claims for Damages
Caused by City Tree Roots in Private Sewer Laterals. (C3200.0)
Discussion -Senior Assistant City Attorney Wayne Winthers reported on the process of
handling claims from residents who claim that sewer pipes have been damaged by City trees.
Council expressed hearing from residents that sometimes after a report is made to the City about
a problem developing, the street tree is not removed, and eventually the roots compromise the
sewer lines leading to claims for damages.
Mayor Cavecche noted that some cities have a voluntary insurance program for sewer damage
caused by street trees; a program she had asked city staff about several years ago.
MOTION -Cavecche
SECOND -Smith
AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to receive and file; and directed staff to look at the city policy regarding city street trees
and sewer laterals.
7.2 Request to consider implementation of a Permit Parking Program on the 100 Block
of East Rose Avenue. (54000.5.3.1.2)
RESOLUTION NO. 10450
A Resolution of the City Council of the City of Orange rescinding Resolution No. 10296, and
adopting a revised Master Resolution of Permit Parking Areas within the City of Orange.
MOTION -Cavecche
SECOND -Smith
AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to adopt Resolution No. 10450.
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CITY COUNCIL MINUTES April 27, 2010
8. REPORTS FROM CITY MANAGER -None
9. LEGAL AFFAIRS
9.1 ORDINANCE N0.4-10 (SECOND READING) (A2500.0 Graffiti
Removal)An Ordinance of the City Council of the City of Orange Amending Chapter8.37 of the
Orange Municipal Code Relating to Removal of
Graffiti.MOTION - Dumitru
SECOND -Cavecche
AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 4-10 be read by title only and same was approved and adopted by
the preceding
vote.10. NOTICED
HEARINGS 10.1 PROPERTY ACQUISITION BY EMINENT DOMAIN - 230-280 S. MAIN
STREET C2500,M.
14)Time set for a noticed hearing on resolution of necessity to acquire property located at
230-280 S.
Main Street.NOTE: A two-week continuance was requested
on this item.
RESOLUTION NO. 10446 A Resolution of the City Council of the City of Orange Declaring the
Public Interest and Necessity of Acquiring Certain Real Property Located at 230-280
S. Main Street and
Authorizing the
Acquisition Thereof.
MOTION -Cavecche SECOND -Smith AYES -Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved to continue
to May
CITY COUNCIL MINUTES
10. NOTICED HEARINGS
Apri127, 2010
10.2 PROPERTY ACQUISITION BY EMINENT DOMAIN - 388 S. MAIN STREET C2500.
M.14)Time
set for a noticed hearing on resolution of necessity to acquire property located at 388 S.Main
Street.Discussion -
City Attorney David DeBerry informed that this item was necessitated by the bank'
s refusal to issue apartial-reconveyance document in spite of the City and the property
owner having entered into a purchase agreement for the fair market offer that is now in escrow;
and that this is a way to clear title. He added that atwo-thirds vote was required to file an
action of
condemnation.Speaker -Marshall Wilkinson, representing the property owner, spoke on sign and
landscaping
issues.Mr. DeBerry noted these other issues will be handled through a
stipulation.Council noted this was considered a "friendly" condemnation and was required only because
the bank, who is the mortgage holder, requires this in order to provide a title
reconveyance.RESOLUTION NO.
10451 A Resolution of the City Council of the City of Orange Declaring the Public Interest
and Necessity of Acquiring Certain Real Property Located at 388 S. Main Street and Authorizing
the Acquisition
Thereof.MOTION -
Cavecche SECOND -
Smith AYES -Smith, Murphy, Cavecche, Dumitru,
Bilodeau Moved to approve Resolution No.
10451.11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
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CITY COUNCIL MINUTES
12. RECESS TO CLOSED SESSION
Apri127, 2010
The City Council recessed at 5:25 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
13. ADJOURNMENT -The City Council adjourned at 6:45 p.m. There was no 7:00 p.m.
Session. The next Regular Council meeting is scheduled for Tuesday, May 11, 2010.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of April 27, 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.
M .
MURPHY CITY
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