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HomeMy WebLinkAbout05-12-2009 Council MinutesAPPROVED BY THE CITY COUNCIL ON MAY 26, 2009 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA May 12, 2009 The City Council of the City of Orange, California convened on May 12, 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 Reverend Jeannie Martz, Trinity Episcopal Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor pro tem Teresa Smith 1.3 ROLL CALL PRESENT - Smith, Murphy, Cavecche, Dumitru ABSENT - Bilodeau 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Recognition to City of Orange students, recipients of Disneyland Resort Scholarships.Recognition of Adult Volunteers with the Orange Public Library.Presentation of Proclamation recognizing National Historic Preservation Month.Presentation of Proclamation recognizing Public Works Week.2. PUBLIC COMMENTS -None.Page 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR May 12, 2009 All items on the Consent Calendar are considered routine and are enacted by one motion approving the 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 Apri123 and 30, 2009. ACTION: Approved. 3.2 Request approval of City Council Minutes, Regular Meeting April 28, 2009. C2500.D.4) ACTION: Approved. NOTE: Councilmember Dumitru abstained on this item as he was not present at the Apri128th Council meeting. 3.3 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.4 Second Amendment to Agreement with Mayer Hoffman McCann, P.C., Conrad Government Services Division (formerly Conrad and Associates) to extend the agreement to include the performance of the annual financial audit of the City and Redevelopment Agency for Fiscal Years 2008-09 and 2009-10.A2100.0Agr- 2617.C.2)ACTION: Approved and authorized the Mayor and City Clerk to execute the second amendment to the agreement with MayerHoffman McCann, P.C. to perform the annual audit of the financial statements of the City and Redevelopment Agency for Fiscal Years 2008-09 and 2009-10.3.5 Second Amendment to Contract AGR-5087 for the installation of traffic striping,pavement markings and raised pavement markers at various locations within the City of Orange; Bid No. 067-43. (A2100.0 Agr-5087.2)ACTION: Approved Second Amendment to Contract AGR-5087 in an amount not to exceed $102,821.25 for installation of traffic striping, pavement markings and raised pavement markers at various locations within the City of Orange, and authorized the Mayor and City Clerk to execute CITY COUNCIL MINUTES May 12, 2009 3. CONSENT CALENDAR (Continued) 3.6 Six month extension of Solid Waste Franchise with Waste Management. (A2100.0 Agr- 3247)ACTION: Ratified extension of solid waste franchise with Waste Management. BIDS3.7 Rejection of Bids -Bid No. 089-23; Pipeline Renewal Project for Fiscal Year 2008-2009 (W-652), and authorization to re-advertise for bids. (CSOO.P)ACTION: Rejected all bids received and authorized the re-advertisement of this project 3.8 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. Richard Gross b. Robert J. Massuco c. Steven Ng d. Derenda Selph e. Joseph Gabrill ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.CONTRACTS 3.9 Contract Change Order No. O1 -Bid No. 089-09; Data Center Emergency Power Project. (A2100.0 Agr-5350)ACTION: Approved Contract Change OrderNo. 1 in the amount of $29,971.54 to Stars CITY COUNCIL MINUTES May 12, 2009 3. CONSENT CALENDAR (Continued) 3.10 Award of contract, Bid 089-22, to 911 Vehicle, to outfit one City of Orange Fire Battalion Chief Suburban. (C2500. H)ACTION: Awarded contract to 911 Vehicle of Anaheim for $35,051.52 and authorized the Mayor and City Clerk to execute the contract. PURCHASES 3.11 Authorize purchase of traffic signal controllers, equipment and cabinets from Econolite Control Products, Inc. (54000.5.3. 3)ACTION: Authorized a sole source purchase of traffic signal controllers, equipment and cabinets from Econolite Control Products, Inc. for $44,668. 00.3.12 Purchase Thermal Imaging Equipment Upgrade from Allstar Fire Equipment Inc. for $13,369. (C2500. H)ACTION: Authorized the purchase of three Thermal Imager upgrades from Allstar Fire Equipment Inc. for a total of $13,369 in Fiscal Year 2008- 09.RESOLUTIONS 3.13 RESOLUTION NO. 10362 (54000. 5.4)A Resolution of the City Council of the City of Orange Summarily Vacating a Portion of Bronson Street for Street Purposes. ACTION: Approved.3.14 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 provide for an annual levy and collection of assessments for Fiscal Year 2009-2010;and 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 94- CITY COUNCIL MINUTES May 12, 2009 3. CONSENT CALENDAR (Continued) 3.15 RESOLUTION NO. 10366 (C2500.N) A Resolution of the City Council of the City of Orange expressing appreciation to Arthur Lobato of the Community Services Department for more than 28 years of loyal and dedicated service to the City of Orange. ACTION: Approved. 3.16 RESOLUTION NO. 10367 (C2500.N) A Resolution of the City Council of the City of Orange expressing appreciation to David Goodwin of the Community Services Department for more than 37 years of loyal and dedicated service to the City of Orange. ACTION: Approved. 3.17 RESOLUTION 10370 (OR1800.0.10) A Resolution of the City Council of the City of Orange expressing appreciation and commending Mike Hairston for nine years of continuous service on the Park Planning and Development Commission. ACTION: Approved. MOTION Murphy SECOND Cavecche AYES Smith, Murphy, Cavecche, Dumitru ABSENT Bilodeau Councilmember Dumitru abstained on Item 3.2. All items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR Page 5 CITY COUNCIL MINUTES May 12, 2009 4. REPORTS FROM MAYOR CAVECCHE 4.1 Consideration of the reappointment of Mr. Tom Gilmer, and the appointment of Ms. Sara Carmack Catalan, to the Park Planning and Development Commission; terms to expire Apri130, 2013. (OR1800.0.10) MOTION Cavecche SECOND Dumitru AYES Smith, Murphy, Cavecche, Dumitru ABSENT Bilodeau Moved to reappoint Tom Gilmer, and appoint Sara Carmack Catalan, to the Park Planning and Development Commission; terms to expire April 30, 2013.5. REPORTS FROM COUNCILMEMBERS -None 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS -None 7. ADMINISTRATIVE REPORTS -None 8. REPORTS FROM CITY MANAGER -None 9. LEGAL AFFAIRS -None Page 6 CITY COUNCIL MINUTES 10. PUBLIC HEARINGS May 12, 2009 10.1 FY 2008-09 ACTION PLAN SUBSTANTIAL AMENDMENT FOR THE HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM (HPRP).A2100. 0 Agr-5421)Time set for public hearing to consider a FY 2008-09 Action Plan Substantial Amendment for the Homelessness Prevention and Rapid Re-Housing Program (HPRP).Discussion Mary Ellen Laster, Sr. Housing Manager, provided a staff report. In response to Council questions, she reported that this is a new funding source of federal stimulus money. Staff will be working through the CDBG Committee to review organizations and recommend non-profit agencies that have experience in this area to allocate the funds. The amendment needs to be submitted to HUD by May 18th and the funds committed by September 30th Council discussed the need to utilize existing non- profit organizations for this program and not create any new programs.Councilmember Dumitru noted that federal stimulus money is taxpayer money; and while he agrees homelessness is a problem, it should stay with private organizations and taxpayer dollars should not be spent on this type of program. He has supported charitable organizations in the past, but expressed concern that this could create another level of dependency and a continual funding problem.Mayor pro tem Smith spoke in support of the program, noting there are many families who are currently homeless; and this is an opportunity to assist the homeless and prevent others from becoming homeless. She suggested there are current local organizations who already know how to administer this type of program, and provided several suggestions for staff to review.She noted that taxpayer dollars are used one way or another for the homeless, and it is usually cheaper to prevent a problem, rather than treat it.Council clarified with staff that if the City does not apply for these grant funds, the money will be returned to the County to be used by the County for this type of program.Mayor Cavecche agreed with Councilmember Dumitru's assessment of the economic stimulus package, but when the funding recommendations come back to Council she will be looking to support current non-profit organizations in Orange rather than creating new programs elsewhere. She noted that this money will be spent for this purpose one way or the other.Councilmember Murphy also agreed with Councilmember Dumitru's assessment in terms of the philosophy behind the economic stimulus package, but noted this was an opportunity to control the funds in Orange through proven non-profit organizations rather CITY COUNCIL MINUTES May 12, 2009 10. PUBLIC HEARINGS (Continued) MAYOR CAVECCHE OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, MAYOR CAVECCHE CLOSED THE PUBLIC HEARING. Council Action MOTION -Smith SECOND -Cavecche AYES -Smith, Murphy, Cavecche NOES - Dumitru ABSENT - Bilodeau Moved to: 1) Approve the City's FY 2008-09 Action Plan Substantial Amendment for the Homelessness Prevention and Rapid Re-Housing Program. 2) Authorize staff to request and receive the City's FY 2008-09 HPRP grant from HUD.3) Authorize the City Manager or his designee to execute the FY 2008-09 HPRP Grant Agreement and all related documents on behalf of the City.11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 12. RECESS TO CLOSED SESSION The City Council recessedat 5:20 p.m. to a Closed Session for the following purposes:a. Conference with Legal Counsel -Existing Litigation pursuant to Government CodeSection54956. 9(a):1) Jennifer Louise Marlow v. City of Orange, et al., USDC Case No.: CVOS- 6053 AG JTLx)b. Public Employee Performance Evaluation pursuant to Government Code Section 5495'7. Title: City Manager 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 CITY COUNCIL MINUTES 13. ADJOURNMENT May 12, 2009 The City Council adjourned to an Adjourned Regular Meeting, Study Session, on May 12, 2009 at 5:30 p.m. in the Weimer Room at City Hall to review the draft FY 09-10 Budget.There was no 7:00 p.m. Session.The next Regular Council meeting is scheduled for Tuesday, May 26, 2009 at 4:30p. m.Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of May 12, 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. i . MU CITY CL RK Page