HomeMy WebLinkAbout02-24-2009 Council MinutesAPPROVED BY THE CITY COUNCIL ON MARCH 10, 2009
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING February 24, 2009
The City Council of the City of Orange, California convened on February 24, 2009, 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 Councilmember Mark Murphy
1.3 ROLL CALL
PRESENT -Smith, Murphy, Cavecche, Dumitru, Bilodeau
ABSENT -None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of Employee Service Awards.
2. PUBLIC COMMENTS -None
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CITY COUNCIL MINUTES
3.
3.1
3.2
3.3
3.4
3.5
3.6
CONSENT CALENDAR
February 24, 2009
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.
Request Council Confirmation of warrant registers dated February 5 and 12, 2009.
NOTE: Council noted the warrants had not been available for review.
ACTION: Continued to March 10, 2009.
Request approval of City Council Minutes, Regular Meeting February 10, 2009.
C2500.D.4)
ACTION: Approved.
Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
Receive and file the City Treasurer's Report, period ending January 31, 2009.
C2500.F)
ACTION: Approved.
Investment Oversight Committee Report, period ending January 31, 2009.
OR1800.0.27.16)
ACTION: Received and Filed.
AGREEMENTS
Agreement for surveying services for the Santiago Boulevard Rehabilitation
Project. (A2100.0 Agr-
5387)NOTE: Councilmember Bilodeau recorded an abstention on this
item.ACTION: Approved the agreement with Joseph C. Truxaw and Associates in
an amount not to exceed $17,900; and authorized the Mayor and City Clerk to execute
the agreement on behalf of the
City.PACE
CITY COUNCIL MINUTES February 24, 2009
3. CONSENT CALENDAR (Continued)
3.7 Third Amendment to Agreement No. 4904 with Rengel + Co. Architects for a new
conceptual landscape study and revised landscape construction drawings for the
Grijalva Park at Santiago Creek Gymnasium Sports Center, CIP Project No.
1606. (A2100.0 Agr-4904.
3)ACTION: Approved the third Amendment to Agreement No. 4904 with Rengel +
Co.;and authorized the Mayor and City Clerk to execute the amendment on behalf of
the
City.3.8 First Amendment to Consultant Services Agreement No. 5376 adding
CEQA compliance work for the City's Santiago Creek Bike Trail North project to
the existing Consultant Services Agreement with M. A. Consulting (Ms. Rita
Garcia,sole proprietor). (A2100.0 Agr-
5376.1)ACTION: Approved First Amendment to Consultant Services Agreement
No. 5376 with M.A. Consulting, in the amount of $80,000; and authorized the Mayor
and City Clerk to execute on behalf of
the
city.BIDS 3.9 Bid No. 089-21; SP-3677; Annual Concrete
Replacement at Various Locations,Fiscal Year 2008-09. Approval of plans
and specifications and authorization toadvertise
for bids. (S4000.5.7)ACTION: Approved plans and specifications and
authorized advertising for bids for the Annual Concrete Replacement at
Various Locations, FY 2008-09
Project.3.10 CLAIMS (C3200.0)SUMMARY: The following claim(s) have been
received and investigated bythe City Attorney's Office and/or the Risk Manager.
After a thorough investigation with the involved departments, it isthe recommendation of the
City Attorney's Office
that the claim(
s) be denied.a. Darcy Goran ACTION: Denied Claim(s) for damages and
referred to
CITY COUNCIL MINUTES February 24, 2009
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.11 Final Acceptance of Bid No. 078-11; SP-3612; Hart Park Pool
Deck Renovation.The Contractor on said job was Abeam Construction, Inc. (No
Staff Report re uired . (AZ100.
0 Agr-5122)ACTION: Accept public work improvements, authorize
release of American Contractors, Indemnity Company of California, Bond No. 1000754851
in the amountof $1,770,800.00, and authorize the Mayor and City Clerk to execute
the
Noticeof Completion.3.12 Contract Change Order No. 1 and Final -Bid No. 089-02;
CIP Project No. 5506;Community Development Block Grant (CDBG) Project -
Jewell Street and Maple Avenue Sewer Replacement
Project. (A2100.0 Agr-5323)ACTION: 1) Authorize the transfer of $
8,000 from 310-9645-491300-1070 (CDBG
Contingency Account) to 310-9645-483200-5506 (Jewell and Maple Sewer Improvements); and
2) ApproveContract Change Order No. 1 in the amount of
15,
778.15, L & S Construction, Inc., for the extra work.PURCHASES 3.13 Purchase of
ten 40 mm Glock M22
pistols for thePolice Department from ProForce Law Enforcement. (C2500.K)
ACTION: Appropriate $4,700 to 355-4011-471301 (Equipment)
to fund
this purchase
from ProForce Law Enforcement as a
sole source vendor.MOTION -Cavecche SECOND -Murphy AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Item
3.1 was continued to March 10, 2009. Councilmember Bilodeau abstained on Item
3.6. All other
items on
CITY COUNCIL MINUTES February 24, 2009
4. REPORTS FROM MAYOR CAVECCHE -None
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Bilodeau -Discussion of California Special Election.
Councilmember Bilodeau encouraged voter participation in the California Special
Election scheduled for May 19, 2009.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS -None
7. ADMINISTRATIVE REPORTS
7.1 Report on the City of Orange Policy for the Standardization of Signage
Designating Parks, Park Facilities and Trails. (C2500.N)
Discussion -Community Services Department Director, Marie Knight gave the staff report.
She stated that no current signage would change, but that the policies would affect all future
signage.
MOTION - Dumitru SECOND -
Murphy AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved
to approve the proposed policy for the standardization of signage designating parks,park
facilities and trails.8.
REPORTS FROM CITY MANAGER -None PAGE
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CITY COUNCIL MINUTES February 24, 2009
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 01-09 (FIST READING) (A2500.0
Ord-O1-09)An Ordinance of the City Council of the City of Orange amending Chapter
12-02 of the Orange Municipal Code to adopt the 2009 Edition of the
Standard Specifications
for Public Works Construction.Commonly
known as
the Greenbook)
MOTION -Murphy SECOND -Smith AYES -Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved that 1) Ordinance No. 01-09 be read by title only and same
was set for second reading by the preceding vote; 2) SetMarch 24, 2009, at 4:30 P.M. as the date
for a public hearing on adoption of said Ordinance No. 01-09; and 3) City Clerk was
directed to publish notice of the public hearing once a week for two
successive weeks in accordance with
California Government Code Section 50022.3.10. RECESS TO
THE
MEETING OF THE ORANGE REDEVELOPMENT
AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed to a Closed Session at 5:15
p.m. for the following purposes:a. Conference with Labor Negotiators pursuant
to Government Code Section 54957.6.City
Negotiator: John Sibley
and Steven Pham Employee organization: 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
CITY COUNCIL MINUTES
7:00 P.M. SESSION
12. PUBLIC COMMENTS -None
13. PUBLIC HEARINGS
February 24, 2009
13.1 ST. MARY'S CHURCH BINGO -CONDITIONAL USE PERMIT NO. 2740-
08.C3300.0
CUP-2740-08)Time set for public hearing to consider a request to modify Conditional
Use Permit 2676-07,which currently allows bingo games onThursday evenings from 5:00 p.m. to 10:
00 p.m. The request would allow the bingo games to be conducted onTuesday evenings from 5:
00 p.m. to 10:00 p.m. Property is located at
1515 E. Taft Avenue.Discussion -Community Development Director, Alice Angus
gave the staff report.Councilmember Dumitru stated that Condition No. 9 included an
annual review of crime statistics, security issues, and any activity requiring
a Police service call.Mrs. Angus stated that once the bingo games get underway, the year
period would begin and would
include the annual review.THE MAYOR
OPENED THE PUBLIC HEARING.Speaker: Mr. Joseph Jabbour spoke in support of moving the day to
Tuesday, noting that no other bingo games were conducted on that
night in the city.THE MAYOR
CLOSED THE PUBLIC
HEARING.RESOLUTION NO. 10356 A Resolution of the City Council of the City of Orange approving
Conditional Use Permit No.2740-08, amending Conditional Use Permit No. 2676-07, with
regard to the day Bingo Games will be allowed at a Bingo Facility at the property
located at 1515 East Taft Avenue.Applicant:
St. Mary'
s Syriac
Orthodox Church MOTION -Cavecche SECOND -Smith
AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau
Move to
CITY COUNCIL MINUTES February 24, 2009
13. PUBLIC HEARINGS (Continued)
13.2 APPEAL N0.0526-09 -STEP-UP RECOVERY, INC. (A4000.
0 App-0526-09)Time set for public hearing to consider an appeal of the Planning Commission'
s denial of a request for a Variance from Orange MunicipalCodeSection 17.14.030'
s numerical limit on the use of asingle-family home for a Group Home for the Disabled
located
at 235 S. Craig Drive.NOTE: A request for continuance was submitted by Mr. Steven
Polin, Counsel
to Step Up Recovery, Inc..Discussion -City Attorney, David DeBerry stated
that he recommended granting thecontinuance requested by the appellant's attorney, noting that the
appellant is entitled to due process, which includes
the right to adequate representation.Council discussed the need for due process and adequate representation, and
the need to have a hearing that is not flawed in any way; yet acknowledged
the inconvenience to the neighbors who were in attendance. Council noted that continuances are not uncommon,
but a part of the democratic process; and indicated that, if granted, would be
a one-time continuance. It was also noted that re-noticing the hearing was not required if
the hearing was continued to a date certain, although it would
be beneficial to those wishing to attend.Councilmembers Bilodeau and Dumitru
expressed concern for the inconvenience and impacts to the neighbors, who would have to
return for a second time. Councilmember Bilodeau suggested asking the Appellant if they would be
willing to pay for re-noticing the hearing.Mayor Cavecche stated that the City
Council would hear public comments strictly
related towhether the hearing should be continued.Speakers - Mr. Ottoson requested information on city
laws pertaining to this project. The
City Attorney was directed to contact him.Mr. Donald Smith suggested that the neighbors in
attendance be given an opportunity to state their comments tonight in the event they
could not return for a future meeting.City Attorney, David DeBerry stated that allowing those
in attendance to speak was an option the Council could consider, but that
it could be problematic in some regards.The
appellant agreed
to pay
for the re-noticing.
MOTION -Cavecche SECOND -Smith
AYES -Smith, Murphy, Cavecche NOES - Dumitru, Bilodeau Moved tocontinue to March 24, 2009, at 7:00 p.
m. and
CITY COUNCIL MINUTES
14. PLANNING AND ENVIRONMENT -None
15. ADJOURNMENT -The Council adjourned at 7:40 p.m.
The next Regular Council meeting is scheduled for March 10, 2009.
February 24, 2009
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of February 24, 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.
MURPHY
CITY CLERK
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