HomeMy WebLinkAbout04-28-2009 Council MinutesAPPROVED BY THE CITY COUNCIL ON MAY 12, 2009
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING Apri128, 2009
The City Council of the City of Orange, California convened on April 28, 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 Stan Vandenberg, Covenant Presbyterian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by International Order of the Rainbow for Girls
1.3 ROLL CALL
PRESENT -Smith, Murphy, Cavecche, Bilodeau
ABSENT - Dumitru 1.
4PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation
from the Orange Community Foundation -recognizing volunteers of the Foundation
Games.Presentation
of Employee Service Awards.Mayor
Cavecche announced that the City now has an Orange Goes Green page on the City'
sInternet Web site.2.
PUBLIC COMMENTS Linda
Lewis, spoke on the Stamp Out Hunger Food Drive on Saturday, May 9`"Robert
Lauten, spoke on the Homeowners and Bank Protection Act.Page
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
Apri128, 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 Apri19 and 16, 2009.
ACTION: Approved.
3.2 Request approval of City Council Minutes, Regular Meeting April 14, 2009.
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 March 31, 2009.
C2500.F)
ACTION: Approved.
AGREEMENTS
3.5 City Aid Program (CAP) Agreement between the City of Orange and the County
of Orange for street improvements at various locations in the City of Orange.
A2100.0 Agr-
5416)ACTION: Approved the CAP Agreement and authorized the Mayor and City Clerk
to execute on behalf of the
City.3.6 License Agreement between the City of Orange and the Friendly Center for use
of buildings at Killefer Park. (A2100.0 Agr-
0867.D)ACTION: Approved License Agreement with the Friendly Center and
authorized the Mayor and City Clerk to execute on behalf of
the City.
CITY COUNCIL MINUTES Apri128, 2009
3. CONSENT CALENDAR (Continued)
3.7 Third Amendment to Agreement No. 4887 with Hall & Foreman, Inc. for the
Santiago Creek Bike Trail, Tustin-to-Collins segment; CIP
Project 6100.A2100.0
Agr-4887.3)ACTION: Approved the Third Amendment to Agreement No.
4887; and authorized the Mayor and City Clerk to execute the amendment on behalf
of
the City.BIDS 3.8 Bid No. 089-31; Relocation of the Cannon Pump Station;
approval of plans and specifications and authorization to advertise
for bids. (C2500.M)ACTION: Approved plans and specifications and authorized
advertising for bids for the Relocation
ofCannon Pump Station.3.9 Bid No. 089-34; Construction of
Community Development Block Grant (CDBG)Project: Pixley Street Sewer Improvements;
approval of plans and specifications and authorization toadvertise
for bids. (C2500.M.3)ACTION: Approved plans and specifications and
authorized advertising for bids for
thePixley Street Sewer Improvements.3.10 Bid No. 089-35; Annual
Pavement Maintenance Project at Various Locations,Fiscal Year 2008-09; approval
of plans and specifications andauthorization
to advertise for bids. (54000.5.7)ACTION: Approved plans and
specifications and authorized advertising for bids for the Annual Pavement Maintenance
Projectat Various Locations, Fiscal Year 2008-09.3.11 Bid No. 089-36;
Purchase and installation of Pump and Motor for We118;approval ofspecifications
and authorization to advertise for bids. (C2500.P.3)ACTION:
Approved specifications and authorized advertising for bids for the Purchase
and Installation
CITY COUNCIL MINUTES April 28, 2009
3. CONSENT CALENDAR (Continued)
3.12 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
Application to Present a Late Claim and the Claim for Damages be denied.
a. Joseph Gabrill (Application to Present a Late Claim)
b. Rita Ann Camargo
ACTION: Denied the Application to Present a Late Claim and Claim for Damages;
and referred to City Attorney and Adjuster.
CONTRACTS
3.13 Bid No. 078-38; Contract Change Order No. 4 and Final -Cannon Street
and Santiago Canyon Road street improvements. (A2100.0
Agr-5270)ACTION: Approved Contract Change Order No. 4 in the amount of $128,885.
50 to Hillcrest Contracting for the
extrawork.3.14 Bid No. 089-18; Award of Contract to PowerLux Corporation
for furnishing and manufacturing Post Top QL Induction Light Fixture Assembly
for Historic Old TowneDistrict. (
C2500.M.10)ACTION: Awarded a contract to PowerLux Corporation of Carlsbad in
the amountof 59,388.00 and authorized the Mayor and City Clerk to execute on behalf
ofthe City.3.15 Final Acceptance of Bid No. 089-11; El
Modena Library Rehabilitation -Todd Chapman, Inc. (No staff report
required). (A2100.0 Agr-5369)ACTION: Accepted public work improvements,
authorize release of Western Surety Company of South Dakota, Bond No. 70651282inthe amount
of $73,274.00; and authorized the Mayor and City Clerk to
execute the
CITY COUNCIL MINUTES April 28, 2009
3. CONSENT CALENDAR (Continued)
3.16 Final Acceptance of Bid No. 067-47; Water Plant Public Counter
Security Improvement - Arnaz Engineering Contractor, Inc. (No staff report required).
A2100.0 Agr-
5124)ACTION: Accepted Water Plant public works improvements, authorized release
of Merchant Bonding Company, Bond No. CAC47888 in the amount of $449,500.00;
and authorized the Mayor and City Clerk to execute the Notice of
Completion.
PARKING3.17 Request for temporary suspension of permit parking restrictions within
Chapman University Permit Area (downtown area) for a special event. (54000.5.3.1.
2)ACTION: Approved the request of Chapman University to temporarily suspend
the permit parking restrictions for their Baccalaureate and Commencement ceremonies
on May 22-
24, 2009.3.18 Request for temporary suspension of on-street parking restrictions
on Old Camp Road from the end of the cul-de-sac to Canyon View Avenue
and the 8600 block of Canyon View Avenue east of Old Camp Road, on
Saturday, May 9, 2009, from7:00 AM to4:00PM. (
54000.5.3.1.1)ACTION: 1) APPROVED the request and
temporarily suspend the on-street parking restriction on Old Camp Road from the end of
the cul-de-sac to Canyon ViewAvenue,on Saturday May9, 2009 from
7:00 AM to 4:00 PM; and 2) DENIED the request to
temporarily suspend the on-street parking restriction on the 8600 block of Canyon View Avenue
east of OldCamp Road; on Saturday, May 9,
2009
from7:00 AM to 4:00PM.RESOLUTIONS
3.19 RESOLUTION NO. 10360 (C2500.M.13 UUD-16)A Resolution of the City Council
of the City of Orange declaring its intention to (1)establish an
Underground Utility District along Tustin Street from Heim Avenue to approximately 400 feet south
of Meats Avenue and along a portion of Meats Avenue approximately 400 feet
west of Tustin Street, (2) authorize the conversion of the
existing overhead electric and communication facilities and associated structures to underground locations, and (3)
set the time and place for a public hearing thereon.
ACTION: Adopted Resolution No. 10360, declaring intent to establish Underground UtilityDistrict Number16; and set May 26, 2009 at
4:30 p.
m., as
CITY COUNCIL MINUTES Apri128, 2009
3. CONSENT CALENDAR (Continued)
3.20 RESOLUTION NO. 10363 (L1200.0 LMD-86-2
Santiago Hills)A Resolution of the City Council of the City of Orange
regarding Landscape Maintenance Assessment District 86-2 (Santiago Hills) declaring
its intention to provide for an annual levy and collection of assessments for Fiscal
Year 2009-2010; to set a time and place for a Public Hearing to receive public
testimony on the foregoing matters; and to give preliminary approval to the Certified
Engineer's Report for Landscape Maintenance Assessment
District 86-2 (Santiago Hills).ACTION: Adopted Resolution No. 10363,
approving the Preliminary Engineer's Report for Landscape Maintenance District 86-2, declaring
the intent to levy an annual assessment andsetting May26, 2009 at 7:00 p.m., as the
date and time for
the public hearing on
theassessments.REMOVED AND HEARD SEPARATELI~3.21 RESOLUTION NO.
10364 (L1200.0 LMD-94-1 Sycamore Crossing)A Resolution of the City
Council of the City of Orange regarding Landscape Maintenance Assessment
District 94-1 (Sycamore Crossing) declaring its intention to dissolve this district; and to set a time
and place for a Public
Hearing to receive public testimony on the foregoing matters.NOTE: A
letter was received from the Sycamore Crossing Homeowners Association requesting that the City
Council not dissolve the Landscape District, and allow the Homeowners
Association to work with the City for another year.Speakers -requesting that the City
Council not set a hearing to dissolve the Landscape District, and allow the Homeowners
Association to
work with
the City
for another
year.Gerald
Feldman Rich
Robertson John Aust Bob Pfannstiel MOTION -
Cavecche SECOND -Smith
AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT - Dumitru Moved to remove Resolution No. 10364;
and directed staff to bring back a Resolution of Intent, on May 12t'', to set
a hearing
CITY COUNCIL MINUTES April 28, 2009
3. CONSENT CALENDAR (Continued)
3.22 RESOLUTION NO. 10365 (C2500.J.4)
A Resolution of the City Council of the City of Orange Adopting a New Position
Classification System For All Non-Sworn City
Positions.ACTION: Adopted Resolution No.
10365.MOTION
Smith SECOND
Murphy AYES Smith, Murphy, Cavecche,
Bilodeau ABSENT Dumitru
Item 3.21 was removed and heard separately. All other items on the Consent Calendar
were approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR CAVECCHE
4.1 Membership in the State Division of the League of Cities. (OR1800.0.12)
Mayor Cavecche asked the City Manager to bring back a report, during the budget process, on
membership in the state division of the League, outlining available opportunities.
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Murphy -Request adoption of Resolution No. 10368. (C2500.D)
RESOLUTION NO. 10368
A Resolution of the City Council of the City of Orange requesting support in maintaining the
existing 7.5 acre equestrian center at the Orange County Fair and Event Center for future
generations to enjoy.
Councilmember Murphy reported the Orange County Fair Board of Directors is considering
removing the remaining equestrian center, but that this center provides needed equestrian
facilities and a critical evacuation location for animals; and suggested taking a proactive
stance to preserve this center.
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CITY COUNCIL MINUTES
5. REPORTS FROM COUNCILMEMBERS (Continued)
Speakers -spoke in support of the resolution.
Tom Davidson
Theresa Sears
MOTION Murphy
SECOND Cavecche
AYES Smith, Murphy, Cavecche, Bilodeau
ABSENT Dumitru Moved
to approve Resolution No. 10368.Off
Agenda Item Apri128,
2009 Councilmember
Bilodeau noted the placement of the current freeway billboards in the City and their
proximity to residential tracts. He requested that the City Attorney bring back a report on billboards,
including options to address lighting and digitization and their impacts on surrounding
neighborhoods.6.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS -None 7.
ADMINISTRATIVE REPORTS -None 8.
REPORTS FROM CITY MANAGER -None 9.
LEGAL AFFAIRS -None 10.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
Page
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CITY COUNCIL MINUTES Apri128, 2009
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:35 p.m. The Council did not meet in Closed Session.
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: City Manager John Sibley and Personnel Director Steven Pham
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.
7:00 P.M. SESSION
12. PUBLIC COMMENTS -None
13. PUBLIC HEARINGS
13.1 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND
HOME INVESTMENT PARTNERSHIPS ACT (HOME) PROGRAM ANNUAL
ACTION PLAN. (C2500.G.1.3)
Time set for public hearing to consider the CDBG Program Committee's funding
recommendations for the FY 2009-10; and to consider the allocation of funds for
affordable housing projects that are identified during the
year.Discussion - Sr. Housing Manager Mary Ellen Laster gave the staff report. She stated that
when the exact allocation amount from HUD was known, adjustments would be made
proportionately across the board.
THE MAYOR OPENED THE PUBLIC HEARING
Speakers -The following spoke in support of the funding recommendations.
Cathy Seelig, Friendly Center;
Sue Counts, Assistance League.
THE MAYOR CLOSED THE PUBLIC HEARING
The Council thanked the CDBG Committee members for their diligent and tireless efforts on
behalf of the City.
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CITY COUNCIL MINUTES
13. PUBLIC HEARINGS (Continued)
Community Development Block Grant Program -April
28, 2009 PROJECTS/
PROGRAMS Amount Requested
Committee
Recommendation
ADMINISTRATION
20%
Bud et Ca is $ 262,757 Cit
De artments Economic
Develo ment Program
Administration Salaries
and bene its, maintenance and o erations, and contin enc 236,273236,273City
Departments Administration Subtotal 236,273236,273 Non
rofit A encies Orange
County Fair Housing Council 26,48426,484 Nonprofit
Agencies Administration Subtotal 26,4$426,4$4ADMINISTRATION
TOTAL REQUESTED 262,757 262,757 PUBLIC
FACILITIES /IMPROVEMENTS /REHABILITATION Bud
et is $ 853,961 Cit
De artments Public
Works (ro'ects listed in riori order Wilson
Avenue Reconstruction -Tustin Street to east end of cul-de-sac1$$,000 188,
000 Hamlin Street Overlay -Chapman Avenue to Washington AvenueO~OOQQ~
000 Espanita Street Overlay -Via Lardo to south end of cul-de-sac 14,
000 14,000 Philo Avenue (East) Overlay -Hewes Street toEspanita Street 29,
000 29,000 Philo Avenue (West) Overlay -Marmon Avenue to Hewes Street 35,
000 35,000 Via Lardo Avenue Overlay -Hewes Street to end of cul-de-
sac 42,000 42,000 Park Street Overlay -Chapman Avenue
to Philo Avenue Q00 000 Earlham Street Overlay -Chapman Avenue to Washington
Avenue 36,000 36,000 Century Drive Overlay -Esplanade toend of cul-de-
sac 1 1,000 1 1,000 WashingtonAvenue Overlay -Esplanade
to Hewes Street 93,000 93,000 Marmon Avenue Overlay -Esplanadeto
Hewes Street 1 1'],000 11'],000ADA
Access Ramps -Citywide 200,000 99,051City Departments Facilities/
Improvement/Rehabilitation Subtotal 903,
000 802,051
Non rofit A encies Hart Community Homes
Hart Homes U rade 2009 5000 0_
Helping Our Mentally IllExperience Success, Inc.
Rile House Rehabilitation 19,910
19,910 PaintYour Heart Out, Inc.Paint Da - Ciof
Oran e 20,000
2Q~OQQ Rebuilding Together Orange County Stain Safeat
Home 2009-10 12,00012,000 NonprofitAgencies Public Facilities/
Improvements/Rehabilitation Subtotal 56,910 51,910
UBLICFACILI77ESiI1l1PR01~' , D_
CITY COUNCIL MINUTES April 28, 2009
PROJECTS/PROGRAMS
Amount
Requested
Committee
Recommendation
PUBLIC SERVICES
15% Bud et Ca is $ 197,068
Cit De artments
Community Services
A ter-School Recreation Pro rams 43,170 43,
170
Police Bike Team Pro ram 120,000 120,
000 City Departments Public Services Subtotal163,170163,
170 Non rofit A
encies Assistance League of
Orange O eration School Bell 6,0006,
000 Friendly Center,
Inc.Emer enc Assistance and Su lemental Food Pro ram10,00010,
000 Goodwill Industries of Orange
County The Future Business Owners Pro ram 3,500
0-Mariposa Women and Family
Center Mari osa Famil Pro ram6,6004,
158 Orange Elderly Services,
Inc.Meals on Wheels 10,000
0-Women's Transitional Living Center,
Inc.Inde endence from De endence 10,0006,
240 YWCA of Central Orange
County First Ste sat Beverl 's House7,500 7,
500 Nonprofit Agencies Public Services Subtotal53,60033,
898 PUBLIC SERVICES TOTAL REQUESTED216,770197,
068 GRAND TOTAL1,439,437 1,313,
786 MOTION -
Smith SECOND -
Murphy AYES -Smith, Murphy, Cavecche,
Bilodeau ABSENT - Dumitru
Moved to:
1) Approve the funding recommendations of the CDBG Program Committee for the City of
Orange FY 2009-10 CDBG Program;
and 2) Authorize staff to adjust the funding recommendations proportionally, if needed, after
HUD notifies the City of its actual FY 2009-10 CDBG allocation
amount; and 3) Authorize staff to request and receive its FY 2009-10 CDBG entitlement
from HUD; and 4) Authorize the City Manager or his designee to execute the FY
2009-10 CDBG Program Grant Agreement and all related documents on behalf
of the City; and 5) Authorize the City Manager or his designee to execute
FY 2009-10 Memoranda of Understanding with City Departments, Subrecipient
Agreements with nonprofit agencies, and
all related
CITY COUNCIL MINUTES
13. PUBLIC HEARINGS (Continued)
HOME Investment Partnerships Act Program
MOTION Murphy
SECOND Cavecche
AYES Smith, Murphy, Cavecche, Bilodeau
ABSENT Dumitru Apri128,
2009 Moved
to:1)
Authorize staff to request and receive its FY 2009-10 HOME entitlement from HUD; and
2) Authorize the City Manager or his designee to execute the FY 2009-10 HOME
Program Grant Agreement and all related documents on behalf of the
City.14. PLANNING AND
ENVIRONMENT14.1 Request the trial speed humps on Shaffer Street between Meats Avenue and
Vista Del Gaviota Avenue to remain in place on a permanent basis. (S4000.5.
6)Discussion -Public Works Interim Director Joe DeFrancesco gave the staff
report.In response to questions from Council, City Traffic Engineer Amir Farahani stated that
the signage approaching the humps indicates a 15 mph speed because although the street
speed limit is 25 mph, it is advised to lower speeds to 15 mph when approaching the speed
humps.Councilmember Bilodeau indicated that in speaking with residents, there seems to be a
wide support for the speed humps being made
permanent.MOTION
Bilodeau SECOND
Murphy AYES Smith, Murphy, Cavecche,
Bilodeau ABSENT Dumitru,
ACTION: Approved the permanent installation of speed humps on Shaffer Street between
Meats Avenue and Vista Del Gaviota Avenue.
Page 12
CITY COUNCIL MINUTES
15. ADJOURNMENT -The City Council adjourned at 7:20 p.m.
The next Regular Council Meeting is scheduled for May 12, 2009 at 4:30 p.m.
April 28, 2009
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of Apri128, 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.
o,~.G`
H .M '
CITY CLERK
Page 13