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Home My WebLink About04-14-2009 Council MinutesAPPROVED BY THE CITY COUNCIL ON APRIL 28, 2009 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA April 14, 2009 The City Council of the City of Orange, California convened on April 14, 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 Orlando Barela, Household of Faith 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 Proclamation for Arbor Day in Orange.Presentation of Proclamation for Friends of the Orange Public Library 50th Anniversary.Announcement of memorial adjournment for Anne Siebert, an outstanding member of the Old Towne Preservation Association.2. PUBLIC COMMENTS -Pat Buttress introduced herself as the new Southern California Edison representative to the City of Orange.Page 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR April 14, 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. 3.1 Request Council confirmation of Warrant Registers dated March 19, 26 and April 2, 2009. ACTION: Approved. 3.2 Request approval of City Council Minutes, Regular Meeting of March 24, 2009; and Adjourned Regular Meeting of March 24, 2009. (C2500.D.4) ACTION: Approved. 3.3 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. BIDS 3.4 Approval of plans and specifications and authorization to advertise for bids: Bid No. 089-32, Batavia Street and Glassell Street Sidewalk Improvements Project C.I.P. 4708, 4709 and 4710). (54000.5. 7)ACTION: Approved plans and specifications and authorized advertising for the Batavia Street and Glassell Street Sidewalk Improvements Project.3.5 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) for damages be denied.a. Southern California Edison -Incident Date: 10/09/ 08 b. Joseph Gabrill ACTION: DeniedClaim(s) for damages and referred to City Attorney and Adjuster.Page CITY COUNCIL MINUTES April 14, 2009 3. CONSENT CALENDAR (Continued) CONTRACTS 3.6 Award of Contract -Bid No. 089-21; SP-3677; Annual Concrete Replacement at Various Locations, Fiscal Year2008-09. ( A2100.0 Agr-5413)ACTION: Awarded a contract in the amount of $360,000 to C J Concrete Construction, Inc., 10142 Shoemaker Avenue, Santa Fe Springs, CA 90670, and authorized the Mayor and the City Clerk to execute on behalfof the City.3.7 Final Acceptance of Bid No. 078-38; Cannon Street and Santiago Canyon Road Street Improvements - Hillcrest Contracting. (No staff report required) (A2100.0 Agr-5270)ACTION: Accepted Public Work Improvements, authorized release of Fidelity and Deposit Company of Maryland, Bond No. 760012 intheamount of $ 2,753,328.50 and authorized the Mayor and City Clerk to execute theNotice of Completion.PURCHASES 3.8 Purchase Firefighter SafetyGear in excess of $30,000 from L. N. Curtis & Sons.C2500.H)ACTION: Authorized the purchase of Firefighter Safety Gear from L. N. Curtis &Sons for a total of $79, 700 in Fiscal Year 2008-09.3.9 Purchase of regulatoryand warning signs fromZ.A.P. Manufacturing, Inc.54000.5.3.3)ACTION: Authorizedthe expenditure of upto $53,000 to Z.A.P. Manufacturing, Inc.,Grass Valley, CA for the purchase of recycled regulatory and warning signs.SPECIAL EVENTS 3.10 Special Event application submitted by Tabares Entertainment Inc./Circus Vargas for Family Circus on April 30 through May 4, 2009 atThe Block of Orange. (P1300.0. 9)ACTION: CITY COUNCIL MINUTES April 14, 2009 3. CONSENT CALENDAR (Continued) TIME EXTENSIONS REMOVED AND HEARD SEPARATELY) 3.11 Time Extension for Conditional Use Permit No. 2647-07; Design Review Committee 4214-07, and Mitigated Negative Declaration 1786- 07 for the construction of a 52-bay service facility for Toyota of Orange, located at 1485 North Tustin Street. (C3300.0 CUP-2647-07)NOTE: Councilmember Murphy recorded an abstention on this item due to aconflict of interest with his family' s employment; and left the dais.Discussion -Councilmember Dumitru asked about grievances by neighboring property owners.City Attorney David DeBerry responded that a lawsuit was dismissed after the City's Traffic Commission designated No Parking zones in the areas of concern.MOTION - Dumitru SECOND -Cavecche AYES -Smith, Cavecche, Dumitru, Bilodeau ABSTAINED (RECUSED) -Murphy ACTION: Approved One-Year Time Extension.MOTION -Smith SECOND -Murphy AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Item 3.11 was removed and heard separately. All items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR CAVECCHE - None 5. CITY COUNCIL MINUTES April 14, 2009 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Accept resignation of Phil Giraldin from the Community Video Advisory Board, effective immediately. (OR1800.0.28) MOTION -Cavecche SECOND -Smith AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to accept the resignation of Phil Giraldin from the CVAB and directed the City Clerk to notice the vacancy. 7. ADMINISTRATIVE REPORTS -None 8. REPORTS FROM CITY MANAGER -None 9. LEGAL AFFAIRS 9.1 RESOLUTION NO. 10361 A Resolution of the City Council of the City of Orange Denying a Request for Reasonable Accommodation from the Numerical Limit of Six Tenants for a Sober Living Facility Located in the R-1-7Zone. (A4000. 0 APP-0526- 09)Applicant: Step- Up Recovery Appeal No. 0526- 09 MOTION -Cavecche SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to approve CITY COUNCIL MINUTES 9. LEGAL AFFAIRS (Continued) April 14, 2009 NOTE: Councilmember Bilodeau recorded an abstention on Items 9.2 and 9.3 due to his employment; and left the dais. 9.2 ORDINANCE NO.04-09 (SECOND READING)An Ordinance of the City Council of the City of Orange approving Zone Change No. 1252-08,a request to change the Zoning from C3 (Commercial) and OP (Office Professional) to PI Public Institution) for certain properties within the Children's Hospital of Orange County CHOC) Master Plan Project located on the northerly side of La Veta Avenue between Pepper Street and Main Street. (A2100. 0 Agr-5390) MOTION - Dumitru SECOND -Murphy AYES -Smith, Murphy, Cavecche, Dumitru ABSTAIN ( RECUSED) -Bilodeau Moved that Ordinance No. 04-09 be read by title only and same was approved and adopted by the preceding vote.9.3 ORDINANCE NO. OS-09 (SECOND READING)An Ordinance of the City Council of the City of Orange approving Development Agreement No. 5390, by and between the City of Orange and CHOCO Realty Corporation, for the development of the Children's Hospital of Orange County ( CHOC) Master Plan Project.A2100.0 Agr-5390) MOTION - Dumitru SECOND -Smith AYES - Smith, Murphy, Cavecche, Dumitru ABSTAIN (RECUSED) - Bilodeau Moved that Ordinance No. OS-09 be read by title only and same was approved and adopted by the preceding vote.t 10. RECESS TO THE MEETING OF THE ORANGE CITY COUNCIL MINUTES April 14, 2009 11. RECESS TO CLOSED SESSION The City Council recessed to a Closed Session at 5:00 p.m. for the following purposes: a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiators: City Manager John Sibley, Personnel Director Steven Pham and Personnel Manager Mike Harary Employee Organizations: All Bargaining Units b. Conference with Legal Counsel -Existing Litigation pursuant to Government Code Section 54956.9(a): 1) Jennifer Louise Marlow v. City of Orange, et al., USDC Case No. CVOS-6053 AG JTLx)c. 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 at6:10 p.m. in memory of Anne Siebert, an outstanding member of the Old Towne Preservation Association.There was no7:00 p.m. session scheduled for the April 14, 2009 Council Meeting.The next Regular Council Meeting is scheduled for Apri128, 2009 at4:30 p. m.Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of April 14, 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 Page 7