HomeMy WebLinkAbout01-13-2009 Council MinutesAPPROVED BY THE COUNCIL ON JANUARY 27,2009
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
January 13, 2009
The City Council of the City of Orange, California convened on January 13,2009, 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 Pastor Carl Friedrich, Praise Chapel
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Jon Dumitru
1.3 ROLL CALL
PRESENT -ABSENT -
Smith, Cavecche,
Dumitru, Bilodeau Murphy 1.
4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation to
State Senator Dick Ackerman Presentation of
Resolution to Jackie Gomez-Whiteley Presentation
from 2008 Employee United Way Campaign Presentation
from YMCA Longhouse Chief - YMCA Indy500 Challenge on February 7.2. PUBLIC
COMMENTS Hillary Haskell,
proposed the formation of an Orange Youth Alliance, a servIce organization for
the youth of Orange.Mayor Cavecche
and Councilmember Smith noted they would be willing to assist Ms.Haskell with
her work on this.Page 1
CITY COUNCIL MINUTES January 13, 2009
3. CONSENT CALENDAR
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 Request Council Confirmation of warrant registers dated December 18 and 24,
2008.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of December 9, 2008.
C2500.D.4)
ACTION:Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
3.4 Receive and file the City Treasurer's Report, period ending November 30, 2008.
C2500.F)
ACTION:Approved.
AGREEMENTS
3.5 Agreements with Wells Fargo Bank for banking services for 5-year fixed
price contract with optional annual renewals. In addition, authorize the delegation
of Deputy City Treasurer to the Finance Director and the Investment/
Revenue Officer. (A2100.0 Agr-
5367; 5372)
ACTION:Approved.3.6 Award of Consultant Services Agreement to Bundy-Finkel
Architects, Inc. for engineering and design services for the expansion of the Apparatus
Bay of Fire Station No.4 Project. (
A2100.0 Agr-5368)ACTION: Approved the Consultant
Services Agreement with Bundy-Finkel Architects, Inc. in an amount not to exceed $50,900
for engineering and design services associated with the expansion of the apparatus bay of Fire
Station No.4 Project, and authorized the Mayor and City Clerk to execute
on behalf
CITY COUNCIL MINUTES January 13,2009
3. CONSENT CALENDAR (Continued)
3.7 Fourth Amendment to the Consultant Services Agreement with Joseph C. Truxaw
Associates, Inc., for professional land surveying easement verification services.
A2100.0 Agr-2486.B.
4)ACTION: Approved a Fourth Amendment to the Consultant Services Agreement
for Easement Verifications in the amount of $15,300.00 to Joseph C. Truxaw
and Associates Inc., Orange, CA, for professional land surveying easement
verification services and authorized the Mayor and the City Clerk to execute on behalf of the
City.
APPROPRIATIONS 3.8 Appropriate Metropolitan Water District of Southern California (MET)
Grant Funds and authorize payment for installation of waterless urinals at city
facilities.OC1300.G.
l)ACTION: 1) Appropriated $26,724.07 from 100-
5028-264950-4929 (Waterless Urinals Grant) to 100-5028-485100-
4929 (Installation of Waterless Urinals); and 2)Authorized payment to Falcon Waterfree Technologies
in the amount of $26,724.07.3.9 Metropolitan Water District's
Public Sector Program Application. (OC1300.G.l)ACTION: 1) Authorized an Application
to the Metropolitan Water District of Southern California for the Public Sector Program
to replace the current irrigation controllers at all City Parks with new central
computer irrigation controllers; and 2) Authorized the 25,811.25 for the installation of the controllers to
be paid for out
of
the Water Division Building Repairs Fund.BIDS 3.10 Bid No. 089-19 (
SP-3665); Approval of Plans and Specifications, and request authorization
to advertise for bids for construction of Community Development
Block Grant (CDBG) Fiscal Year 2008-09 Street Rehabilitation and
Reconstruction Projects: Shaffer Street, Chestnut
Avenue, Maple Avenue and Fir Street Improvements. (S4000.S.7)ACTION:
Approved plans and specifications and authorized advertising for bids
for the
CITY COUNCIL MINUTES January 13,2009
3. CONSENT CALENDAR (Continued)
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. Anne Crowell
b. John William Lambrose
c. Jo-Anne
Macias d. Edward
Pinchot e. Melinda
Avila f. Ronald P.
Medina g. Gene A.
Brost ACTION: Denied Claim(s) for damages and referred to City Attorney and
Adjuster.
CONTRACTS 3.12 Award of Contract; Bid No. 089-11; El Modena Library Rehabilitation. (
A2100.
0 Agr-5369)ACTION: Awarded the contract in the amount of $73,274 to Todd
Chapman, Inc. and authorized the Mayor and City Clerk to execute on behalf
of the City.3.13 Final Acceptance of Bid No. 078-63;
SP-3644; Installation of Above-ground Storage Tank at Fire Station No.8 - Peterson
Hydraulics, Inc. (No staff
report required). (A2100.0 Agr-5304)ACTION: Accepted public
work improvements; Authorized release of Surety Company of the Pacific of California, Bond
No. M107219 in the amount of 66,969.00; and Authorized the Mayor and City
Clerk
to execute the Notice of Completion.3.14 Contract Change Order No.1 for Bid
No. 067-06; Water Lube
Conversion for Production Wells. (A2100.0 Agr-4969)ACTION:
1) Transferred $100,000.00 from Account 601-8041-
484400-8315 Reservoir 3A) to Account 601-8011-48410
1-8214 (Well Rehabilitation); 2)Transferred $140,000.00
from Account 601-8041-484400-8302 (Reservoir Recoating)to Account
601-8011-484101-8214 (Well Rehabilitation); 3) Appropriated $10,000 from unreserved 601 fund balance to
601-8011-484101-
8214; and
CITY COUNCIL MINUTES January 13,2009
3. CONSENT CALENDAR (Continued)
PAYMENTS
3.15 Authorization to pay Contractor for Emergency Repairs at Fire Station No.3.
C2500.H)
ACTION: Authorized payment to Ashmore Construction, Inc. in the amount of
47,417.68 from account 725-5028-481200-9809 for repairs at
Fire
Station 3.PURCHASE 3.16 Installation of new Cat6 cabling in the Finance
Department. (C2500.J)ACTION: Authorized installation of Cat6 cabling in the Finance
Department by FM Communications in the amount
of$
30,114.RESOLUTIONS REMOVED
AND HEARD SEPARATELY)3.17 RESOLUTION NO.
10348 (C2500.K)A Resolution of the City Council of the City of Orange
expressing appreciation to Lieutenant Jackie Gomez-Whiteley of the Police Department for more
than 22 years of loyal and dedicated service to
the City of
Orange.MOTION - Cavecche
SECOND - Smith AYES - Smith, Cavecche, Dumitru,
Bilodeau ABSENT - Murphy
ACTION: Approved.
MOTION - Bilodeau SECOND -
Smith AYES - Smith,
Cavecche, Dumitru, Bilodeau ABSENT - Murphy Item
3.17 was
removed and heard separately. All items on the Consent Calendar were approved as recommended.END
OF CONSENT CALENDAR
Page 5
CITY COUNCIL MINUTES January 13, 2009
4. REPORTS FROM MAYOR CA VECCHE
4.1 Consideration of appointments to City Council Committees. (C2500.D)
MOTION - Cavecche SECOND -
Bilodeau AYES - Smith,
Cavecche, Dumitru, Bilodeau ABSENT - Murphy Moved
to approve the
following committee appointments:MA YOR CAROLYN CA
VECCHE Joint Powers Fire Training
Authority Foothill-Eastern Transportation Corridor
Agency (alternate)Cities-Schools Coordinating
Committee City Audit
Committee (Ex-officio Member)MA
YOR PRO TEM JON DUMITRU Growth
Management Area Committee (alternate)Orange-
Santa Ana Joint Powers Transportation System Improvement Authority
Orange County Sanitation District
Trauma Intervention Prevention (TIP) Advisory Board
COUNCILMEMBER MARK A. MURPHY
Foothill-Eastern Transportation Corridor
Agency Orange Housing Development Corporation (Ex-
officio Member)COUNCILMEMBER
TERESA SMITH Cities-
Schools Coordinating Committee Orange-Santa Ana Joint Powers
Transportation System Improvement Authority Orange Housing
Development Corporation (Ex-Officio Member)Santa
Ana River Flood
Protection Agency COUNCILMEMBER DENIS
BILODEAU Growth Management Area Committee
City Audit Committee (Ex-Officio Member)
Orange County Vector Control District
Board Orange County Sanitation District (alternate)
5. REPORTS FROM COUNCILMEMBERS - None Councilmember Bilodeau reported that the credit rating for
the Orange County Water District had been upgraded to AAA, making it the highest rated
Water District
CITY COUNCIL MINUTES January 13, 2009
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7.
ADMINISTRATIVE REPORTS 7.
1 Report by David DeBerry, City Attorney - Acquisition of Real Property by Eminent Domain. (
Continued from December 9, 2008) (C2500.M.14)RESOLUTION NO.
10344 A Resolution
of the City Council of the City of Orange Consenting to Children's Hospital of Orange County
Acquisition of Property by Eminent Domain of Certain Leasehold Interests in Real Property
Located at 1201 West La Veta Avenue in the City of Orange.NOTE: Councilmember
Bilodeau abstained from any discussion on this item due to a potential conflict of
interest with his employer.A letter
was submitted on behalf of CHOC requesting a continuance to January 27, 2009.MOTION - Cavecche
SECOND - Smith A
YES - Smith, Cavecche,
Dumitru ABSENT - Murphy ABSTAIN - Bilodeau ACTION:
Continued to January
27,2009.7.
2 Report by David DeBerry, City
Attorney and Steven Pham, Personnel Director on the City's Nepotism Policy. (C2500.J.
4)Speaker Greg Lewin, City employee andPresident
of
Firefighters Union, asked Council to allow hiring of relatives in the Fire Department, noting that
any concerns can be handled within the Department.Council asked staff to return with additional
information, including policies from other Orange County cities, specific input from all department
heads, more specifics on whether the policy works or doesn't work and the
fair and equal distribution of overtime, issues that may arise regarding potential grievances or lawsuits, how a
policy would be handled with different bargaining units and the make-up of
oral boards for interviews.Page 7
CITY COUNCIL MINUTES January 13,2009
7. ADMINISTRATIVE REPORTS (Continued)
7.3 Report by Joe DeFrancesco, Interim Public Works Director - Cannon Street Realignment
Project. (S4000.S.4)RESOLUTION
NO. 10345 A
Resolution of the City Council of the City of Orange finding that property located at the Southeast
corner of Cannon Street and Santiago Canyon Road is no longer needed by the public,
ordering the vacation thereof and reserving all public utility easements.RESOLUTION
NO. 10346 A
Resolution of the City Council of the City of Orange finding that property located at the Southeast
corner of Cannon Street and Valencia Drive is no longer needed by the public,ordering
the vacation thereof and reserving all public utility easements.RESOLUTION
NO. 10347 A
Resolution of the City Council of the City of Orange finding that property located at the Southeast
corner of Cannon Street and Valencia Drive is no longer needed by the public,ordering
the vacation thereof and reserving all public utility easements.Mayor
pro tern Dumitru clarified with staff that staff was working with the School District on the
traffic and circulation issues at Linda Vista Elementary School.MOTION -
Dumitru SECOND - Smith
AYES - Smith, Cavecche,
Dumitru, Bilodeau ABSENT - Murphy ACTION: Moved
to adopt Resolution
Nos. 10345, 10346 and 10347.8. REPORTS FROM CITY MANAGER -
None 9. LEGAL AFFAIRS - None Page 8
CITY COUNCIL MINUTES January 13, 2009
10. PUBLIC HEARINGS
10.1 TUSTIN STREET / CHAPMAN AVENUE INTERSECTION WIDENING
PROJECT - MITIGATED NEGATIVE DECLARATION NO. 1809-08. (N1200.0)
Time set for public hearing to consider a proposal to widen the south side of the Chapman
A venue / Tustin Street intersection to add an eastbound through lane, and eastbound-
to-southbound dedicated right turn lane, a northbound-to-eastbound dedicated right
turn lane, bus turnouts, and restriping Tustin Street and Chapman Avenue. The project
would involve right of way acquisition and impacts to structures, parking, driveways, landscaping, and
signage at a few
adjacent commercial properties.Alice Angus, Community Development Director, noted that owners and
occupants of affected properties were notified of both the environmental review
and the hearing.Mayor Cavecche clarified that this hearing was only to
consider the environmental documentation for this project; and thanked staff for a very
thorough environmental document.MAYOR CA VECCHE OPENED
THE PUBLIC HEARING THERE BEING NO SPEAKERS, MAYOR CA VECCHE
CLOSED
THE PUBLIC
HEARING Council Action
RESOLUTION NO. 10349 A Resolution of the City Council of the City of Orange approving
and adopting Mitigated Negative Declaration No. ENV 1809-08 and a Mitigation
Monitoring and Reporting Program for the widening of portions of Chapman Avenue and
Tustin Street, approving Preliminary Plans therefor, and making certain
findings in connection
therewith.MOTION - Bilodeau
SECOND - Cavecche AYES - Smith, Cavecche, Dumitru,
Bilodeau ABSENT - Murphy
ACTION: Moved to adopt Resolution No. 10349.
Page 9
CITY COUNCIL MINUTES January 13,2009
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
12. RECESS TO CLOSED SESSION
The City Council recessed at 5:40 p.m. to a Closed Session for the following purposes:
a. Conference with Real Property Negotiators pursuant to Government Code Section
54957.6:
Property:
City Negotiators:
Under Negotiation:
206 S. Center
John Sibley and Rick Otto
Price and terms
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 6:30 p.m. There was no 7:00 p.m. Session. The next
Regular Council meeting is scheduled for January 27, 2009.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of January 13, 2009 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.
Page 10