HomeMy WebLinkAbout02-10-2009 Council MinutesAPPROVED BY THE CITY COUNCIL ON FEBRUARY 24 2009
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
February 10,2009
The City Council of the City of Orange, California convened on February 10, 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 City Treasurer Helen Y. Walker
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Teresa Smith
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of $
150,000 from the City of Orange Public Library Foundation (OPLF)by OPLF
President Kimberlee Nichols.2. PUBLIC
COMMENTS - Raymond Goss, American Legion, thanked Mayor Cavecche for her
participation in the American Legion District Oratorical Contest.Pal!e 1
CITY COUNCIL MINUTES February 10,2009
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 January 22 and 29,
2009.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting January 27, 2009.
C2500.D.4)
ACTION:Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
APPROPRIATIONS
3.4 Appropriation of Revenue for Special Events and Programs. (C2500.N)
ACTION: Appropriated sponsorships, donations, and grants in the amount of $42,643
from the following revenue accounts:
TOTAL:
3,353
21,500
2,000
15,790
42,643
100-7001-293900-19050 (Concerts in the
Park patron donations)100-7001-293900 (
General Donations - Sponsorship Contributions)100-7014-
264950-1908 (Grants - National
Football League)100-7015-293900 (
Special Event Donations)To the following
expenditure accounts:100- 7014-42600-
1908 (Athletics Publicity and Advertising)
100-7014-443800-
1908 (Athletics Other Recreation
Supplies)100-7015-423500 (
Other Rentals and Leases)
100-
7015-
426700 (Professional
Services)100-
7015-427800 (
Other Contractual
Services)100-
7015-443800 (
Other Recreational
Supplies)100-
CITY COUNCIL MINUTES February 10,2009
3. CONSENT CALENDAR (Continued)
3.5 CLAIMS (C3200.0)
SUMMARY: The following c1aim(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
c1aim(s) be denied.
a. Southern California Edison
Incident date: September 23, 2008
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.6 Award of Contract - Bid No. 089-17; SP-3675, Santiago Creek Bike Trail
North Project - Bond Avenue from Prospect to Hewes Street. (A2I00.0 Agr-
5380)ACTION: Awarded the contract in the amount of $325,436.50 to Imperial Paving
Co.,Inc. and authorized the Mayor and City Clerk to execute on behalf of the
City.
DONATIONS 3.7 Donation of a Colt AR15 Rifle to the Police Department. (C2500.
K)ACTION: Accepted donation of a Colt AR15 Rifle, valued at $1,500, from
Mr.Gordon Graham to the Police
Department.REMOVED AND HEARD SEP ARATEL
Y)3.8 Donation of $150,000.00 from the City of Orange Public Library
Foundation OPLF) toward its commitment to assist the City with construction costs of
the Orange Public Library & History Center. (C2500.
I)ACTION: Accepted into the City's revenue budget a $150,000.00 donation
from OPLF, into Revenue Account No. 100-2001-293900-
9901 (General Fund
Reserves).MOTION - Cavecche
SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru,
Bilodeau Page
CITY COUNCIL MINUTES February 10,2009
3. CONSENT CALENDAR (Continued)
PURCHASES
REMOVED AND HEARD SEP ARA TEL Y)
3.9 Authorize the purchase of Emergency Roadside Assistance and Tires from Pete's
Road Service on a sole source basis. (C2500.M.7)
Discussion - CouncilmemberDumitru questioned the sole sourcing process being used instead
of going to bid.Interim
Public Works Director, Joe DeFrancesco stated that two other companies had been
considered, but they are out of the area, and do not have the resources to accomplish
the service provided by Pete's Road Service.MOTION -
Dumitru SECOND - Cavecche
AYES - Smith, Murphy,
Cavecche, Dumitru, Bilodeau ACTION: Authorized the expenditure
of $60,000 to Pete's Road Service.RESOLUTIONS 3.10 RESOLUTION
NO.
10354 (S4000.S.4)A Resolution ofthe
City Council of the City of Orange temporarily closing sections of public streets for approved
special events.ACTION: 1) Adopted Resolution
No. 10354 approving the closure of public streets during the times of
approved special events; and 2) Approved suspension of permit parking, and closure of
municipal parking lots for certain events and dates occurring in FY 2009-10.MOTION -
Murphy SECOND -
Cavecche AYES - Smith,
Murphy, Cavecche, Dumitru,
Bilodeau Items 3.8 and 3.9
were removed and heard separately. All other items on the Consent Calendar were approved as recommended.END
OF CONSENT CALENDAR Page 4
CITY COUNCIL MINUTES February 10,2009
4. REPORTS FROM MAYOR CA VECCHE
4.1 Consideration of Appointment of Mr. Michael Lebeau to the City Traffic
Commission, to fill an unexpired term to expire June 30, 2011. (ORI800.0.19)
MOTION - Cavecche SECOND -
Bilodeau AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved to appoint
Mr. Michael Lebeau to the City Traffic Commission, term to expire June 30, 2011.4.2 Consideration
of reappointments to the Audit Committee, terms to expire January 30,2011: (ORI800.
0.27.17)MOTION - Cavecche SECOND -
Murphy AYES - Smith,
Murphy, Cavecche, Dumitru,
Bilodeau Moved to reappoint David Sundstrom, Dwight
Nakata, David Piper, and Nancy Loughrey to the Audit Committee, terms to expire
January 30, 2011.5. REPORTS FROM COUNCILMEMBERS - None 6.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS -
None 7. ADMINISTRATIVE REPORTS 7.1 Report by David
DeBerry, City Attorney -
CHOC Acquisition of Real Property by Eminent Domain. (Continued from January 27, 2009) (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 120 1 West La Veta
Avenue in the City of Orange.NOTE: A letter was submitted from CHOC requesting this
item be removed from the agenda and no further action be taken.No action was
taken by the City Council.Page
5
CITY COUNCIL MINUTES February 10,2009
8. REPORTS FROM CITY MANAGER - None 9.
LEGAL AFFAIRS - None 10. PLANNING
AND ENVIRONMENT 10.1
Establishment and Implementation of the Orange Goes Green Program. (C2500.G.7)Discussion - Community
Development Director, Alice Angus gave the staff report.In response to
questions from Councilmember Dumitru, she stated:The program is
voluntary, not mandatory.The program encourages
the City to move along the spectrum of green practices in buildings, fleet standards,
etc.Future purchases will
be evaluated and analysis provided to Council prior to any project brought to
Council for a final decision.Incentives for home
improvements and commercial development may be available to encourage voluntary participation.
The cost of
implementing the program will be offset by the use of interns to assist with Web site, existing
staff being trained, and the possibility of Chapman University educating on green
building.Councilmember Dumitru wanted
to ensure there was no burden to homeowners or developers;and there was
no additional costs to the city.Mayor Cavecche confirmed
that establishing this program would not place new mandates on citizens and builders
that are not already required by the state. She added that Senate Bill 375 mandating reduction of
emissions became effective January 1, 2009.Councilmember Bilodeau, who
served on the ad hoc committee, stated that the committee received input from
various sources and there is no financial commitment necessary from the city.Councilmember Murphy
stated
concern for burdening builders during this economic downturn,and the need
for the City to stay focused on delivering core services. He stated support for the program as long
as no costs were involved in establishing the framework; and commended the use of available
resources.Mayor Cavecche stated
the framework is a good resource for building and that by approving the resolution the
establishment of the broad program will be helpful when the State requires going green in
the future. She reiterated that any program-related policy decisions will be brought to
Council.Page 6
CITY COUNCIL MINUTES February 10,2009
10. PLANNING AND ENVIRONMENT (Continued)
RESOLUTION NO. 10355
A Resolution of the City Council of the City of Orange establishing the Orange Goes Green
Program.
MOTION - Cavecche SECOND -
Bilodeau AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved to: 1)
Adopt Resolution No. 10355, establishing the Orange Goes Green program; and 2) Direct staff
to begin phased implementation.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
Labor Negotiators pursuant to Government Code Section 54957.6.City Negotiators: Steven
Ph am and John Sibley Employee organizations: All
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 7:30 p.m. There was no 7:00 p.m. Session. The
next Regular Council Meeting is scheduled for February 24,2009.Declaration of City Clerk,
Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of February
10, 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 7