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HomeMy WebLinkAbout05-26-2009 Council MInutesAPPROVED BY THE COUNCIL ON JUNE 9, 2009 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA May 26, 2009 The City Council of the City of Orange, California convened on May 26, 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 John Rose, Orange City Police Chaplain 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Mark A. Murphy 1.3 ROLL CALL PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of donated Rufino Tamayo lithograph for the El Modena Branch Library,made by donor Dan Ryan and Orange Public Library Foundation President Kimberlee Nichols.Presentation of Employee Service Awards.2. PUBLIC COMMENTS John Whiteriver, American Legion, extended an invitation to a Flag Day celebration on June 13t" at the American Legion Hall.Arnold Crain, spoke on the need for a homeless center.Christine Loose, asked about conditions on the use of a park for a private party.Michael Loose, spoke on water conservation.PAGE 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR May 26, 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 May 7 and 14, 2009. ACTION: Approved. 3.2 Request approval of City Council Minutes, Regular Meeting of May 12, 2009 and Adjourned Regular Meeting of May 12, 2009. (C2500.D.4) NOTE: Councilmember Bilodeau recorded an abstention on this item due to his absence at the meeting. 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 April 30, 2009. C2500.F) ACTION: Approved. AGREEMENTS 3.5 Agreement with Progressive Solutions to replace aging business license software as part of the Financial Management Information System (FMIS) upgrade. (A2100.0 Agr- 5423)NOTE: Councilmember Murphy recorded an abstention on this item due to a potential employment conflict.ACTION: Awarded a contract to Progressive Solutions Inc. to replace the business license system in an amount not to exceed $53,258 plus $15,412 for file server,licenses, laptop and contingency.PA(:F. CITY COUNCIL MINUTES May 26, 2009 3. CONSENT CALENDAR (Continued) 3.6 Update of the City's Emergency Operation Plan (EOP) with 2007 Urban Area Security Initiative (UASI) funds. (A2100.0 Agr-4248. B)ACTION: 1) Approved the Agreement between the City of Orange and Glorria Morrison in an amount not to exceed $24,960 and authorized the Mayor and the City Clerk to execute the agreement on behalf of the City, and 2) appropriated $24, 960 from the General Fund 100-4081-426700 ( Homeland Security-Other Contractual Services).3.7 First Amendment to Agreement with the law firm of Liebert Cassidy Whitmore.This law firm represents the City in various safety personnel matters. (A2100. 0 Agr-1042.5.1)ACTION: Approved First Amendment to Agreement with Liebert Cassidy Whitmore and authorized the Mayor and City Clerk to execute onbehalf of the City.3.8 Employment Agreement withCity Manager John Sibley. (A2100.0 Agr-4707.E)ACTION: Approved Employment Agreement with City Manager JohnSibley.REMOVED AND HEARD SEPARATELI~3.9 Property Use Agreement with the City of Orange Public Library Foundation concerning a fundraising opportunity during the 2009 International Street Fair.A2100.0 Agr-3580.F)Discussion - Councilmember Dumitru wanted to ensure that in the future other non-profit agencies were also aware of this fundraising opportunity.MOTION - Dumitru SECOND -Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Approved Agreement with the City of Orange Public Library Foundation to operate pay parking lots at $10 per parking stall or per vehicle in four areas of designated City property during the 2009 International CITY COUNCIL MINUTES May 26, 2009 3. CONSENT CALENDAR (Continued) 3.10 Third Amendment to Consultant Services Agreement with AEF Systems Consulting, Inc., and Second Amendment to System Procurement Agreement with Intellitime Systems Corporation, relating to the implementation of the Eden Enterprise-wide Financial Management System software. (A2100.0 Agr- 5017.3; 4572.2)NOTE: Councilmember Murphy recorded an abstention on this item due to a potential employment conflict.ACTION: Approved the Third Amendment to Consultant Services Agreement with AEF Systems Consulting, Inc. at a cost not to exceed $110,000, and the Second Amendment to System Procurement Agreement with Intellitime Systems Corporation at a cost not to exceed $ 29, 700.APPROPRIATIONS 3.11 Request to accept intothe City's revenue budget and to appropriatea $ 25,261 donation from the Friends of the Orange Public Library to purchase librarymaterials. ( C2500.I)ACTION: 1) Accepted into the City's revenue budget a $25,261 donation from the Friends of the Orange Public Library into Account 100- 2001-293900-9990 (Friends of the Library Donations); and 2) Appropriated the Friends' donation to Account 100-2001-440000-9990 (Materials and Supplies).3.12 Request to accept into the City's revenue budget and to appropriate a $1,000 donation from the City of Orange Public Library Foundation (OPLF) /Wells Fargo Bank toward the Local History digitization project. (C2500.I)ACTION: 1) Accepted into the City's revenue budget a $1,000 donation from OPLF/Wells Fargo Bank into revenue Account 100-2001-293900-9322 (OPLF Donations); and 2) Appropriated the OPLF/Wells Fargo Bank donation to Account 100-2016-926700-9322 (Other Professional).3.13 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. Jeff Grover (original claim)b. Jeff Grover (amended claim)c. Jerry Niewiadomski ACTION: DeniedClaim( CITY COUNCIL MINUTES May 26, 2009 3. CONSENT CALENDAR (Continued) CONTRACTS 3.14 Final Acceptance of Bid No. 089-19; Shaffer St., Chestnut Ave., Maple Ave., and Fir Street Improvements, FY08/09 (CDBG) -International Pavement Solutions No staff report required). (A2100.0 Agr-5396)ACTION: Accepted public work improvements, authorize release of Arch Insurance Company, Bond No. Su1101073 in the amount of $399,569.00 and authorize the Mayor and City Clerk to execute the Notice of Completion.PARKING 3.15 NO FEE parking permits in Municipal Parking Lot 2 [S. Orange Street] for the Assistance League of Orange (10 permits), and First United Methodist Church (2 permits); and in Parking Lot 8 [S. Olive Street] for Orange Elderly Services, Inc.1 permit). (54000.5.3. 1.2)ACTION: Approved the request and issue the parking permits, valid July 1, 2009 thru June 30, 2010.REPORTS 3.16 Third Quarter update on City Manager Goals for2009. ( C2500.E)ACTION: Received and filed.RESOLUTIONS 3.17 RESOLUTION NO. 10324 (C2500.J. 4.3)A Resolution of the City Council of the City of Orange Approving the Memorandum of Understanding Between the City of Orange and the Orange City Firefighters, Inc. Local 2384 of the International Association of Firefighters, AFL- CIO Concerning Wages,Hours, and Other Conditions of Employment for the Period of March 1, 2008 Through and Including February 28, 2011 and Repealing Resolution No. 10007 and Amendments Thereto for Said Employees.ACTION: Approved. CITY COUNCIL MINUTES May 26, 2009 3. CONSENT CALENDAR (Continued) 318 RESOLUTION NO. 10325 (C2500.J.4.3.1) A Resolution of the City Council of the City of Orange Adopting Resolution No. 10325 and Repealing Resolution No. 9977 Implementing the Memorandum of Understanding Between the City of Orange and the Orange Fire Management Association Concerning Wages, Hours, and Other Conditions of Employment for the Period of March 1, 2008, Through and Including February 28, 2011. ACTION: Approved. 3.19 RESOLUTION NO. 10333 (C2500.J.4.2) A Resolution of the City Council of the City of Orange Repealing Resolution No. 9999 and Approving the Memorandum of Understanding Between the City of Orange and the City of Orange Police Association Concerning Wages, Salaries and Other Terms and Conditions of Employment Effective July 1, 2008 through June 30, 2011. ACTION: Approved. 3.20 RESOLUTION NO. 10344 (C2500.M.16.1) A Resolution of the City Council of the City of Orange approving Lot Line Adjustment No. LL 2009-02 combining four parcels of certain real properties situated at 455 South Main Street in the City of Orange, County of Orange, State of California.Owner: CHOCO Realty Corporation NOTE: Councilmember Bilodeau recorded an abstention on this item due to a potential employment conflict.ACTION: Approved.3.21 RESOLUTION NO. 10351 (C2500.J.4.2. 1)A Resolution of the City Council of the City of Orange Approving the Memorandum of Understanding Between the City of Orange and the Orange Police Management Association Concerning Wages, Hours, and Other Terms and Conditions of Employment Effective July 1, 2008 through June 30, 2011, and Repealing Resolution No. 10000 and Amendments Thereto for Said Employees.ACTION: Approved.3.22 RESOLUTION NO. 10369 (A2100.0 Agr- 2763.A)A Resolution of the City Council of the City of Orange Approving a Waste Disposal Agreement with the County of Orange. ACTION: Approved.PAC: CITY COUNCIL MINUTES May 26, 2009 3. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELI~ 3.23 Resolutions Amending the Letters of Understanding and Memoranda of Understanding between the City of Orange and each of the City's Eight (8) Represented Bargaining Units Providing fora 12-Month Salary Deferral in Exchange for No Layoffs or Work Furloughs. (C2500.J. 4)RESOLUTION NO. 10371 A Resolution of the City Council of the City of Orange Amending the Letter of Understanding Between the City of Orange and the City of Orange Police Association.RESOLUTION NO. 10372 A Resolution of the City Council of the City of Orange Amending the Letter of Understanding Between the City of Orange and the City of Orange Police Management Association.RESOLUTION NO. 10373 A Resolution of the City Council of the City of Orange Amending the Memorandum of Understanding Between the City of Orange and the Orange Management Association.RESOLUTION NO. 10374 A Resolution of the City Council of the City of Orange Amending the Memorandum of Understanding Between the City of Orange and the Orange Municipal Employees Association.RESOLUTION NO. 10375 A Resolution of the City Council of the City of Orange Amending the Memorandum of Understanding Between the City of Orange and the Orange Maintenance & Crafts Employees Association.RESOLUTION NO. 10376 A Resolution of the City Council of the City of Orange Amending the Memorandum of Understanding Between the City of Orange and the Water Division Employees Association.RESOLUTION NO. 10377 A Resolution of the City Council of the City of Orange Amending the Letter of Understanding Between the City of Orange and the Orange City Firefighters, Inc. Local 2384 of the International Association of Firefighters, AFL-CIO.PAC: CITY COUNCIL MINUTES 3. CONSENT CALENDAR (Continued) RESOLUTION NO. 10378 May 26, 2009 A Resolution of the City Council of the City of Orange Amending the Letter of Understanding Between the City of Orange and the Orange Fire Management Association. NOTE: Staff indicated a minor language change to Resolution Nos. 10373, 10374, 10375 and 10376. Speaker - MarjanDunn, asked for clarification on salary increases.City Manager John Sibley explained that employees do not receive automatic salary increases, but only what is negotiated.MOTION - Cavecche SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to approve Resolutions No. 10371, 10372, 10373 (as amended), 10374 (as amended), 10375 (as amended), 10376 (as amended), 10377 and 10378.3. 24RESOLUTION NO. 10387 (C2500.B)A Resolution of the City Council of the City of Orange strongly supporting Option A -Current Sphere Boundaries for the Orange/Tustin Sphere of Influence.ACTION: Approved. MOTION -Bilodeau SECOND -Smith AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Items 3. 9 and 3.23 were removed and heard separately. Councilmember Murphy recorded an abstention on Items 3.5 and3.10. Councilmember Bilodeau recorded an abstention on Item 3.2 and 3.20. All other items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR PA(:F. R CITY COUNCIL MINUTES May 26, 2009 4. REPORTS FROM MAYOR CAVECCHE -None 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. 10. PUBLIC HEARINGS 10.1 PROPOSED UNDERGROUND UTILITY DISTRICT NUMBER 16 FOR TUSTIN STREET FROM MEATS AVENUE TO HEIM AVENUE (C2500.M.13 UUD- 16)Time set for public hearing to consider the formation of Underground Utility District No. 16 on Tustin Street from 400 feet south of Meats Avenue to Heim Avenue and on Meats Avenue from Tustin Street to 400 feet west of Tustin Street. Tustin Street between Meats Avenue and Heim Avenue is identified as an augmented primary street.NOTE: Staff requested this item be continued to June 9, 2009 at 4:30 p. m.Council Action:MOTION - Cavecche SECOND - Dumitru AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to continue to June 9, 2009 at 4:30 p.m. PAf:F. 9 CITY COUNCIL MINUTES May 26, 2009 10. PUBLIC HEARINGS (Continued) 10.2 MAIN STREET WIDENING PROJECT -CITY CAPITAL IMPROVEMENT PROJECT N0.3032/3426, MITIGATED NEGATIVE DECLARATION NO. ENV 1813- 09.N1200.0 Neg-1813-09)Time set for public hearing to consider a conceptual plan and Mitigated Negative Declaration No. 1813-09 for the Main Street widening project between Chapman Avenue and Culver Avenue.Discussion -Interim Public Works Director Joe DeFrancesco gave the staff report.Mayor pro tem Smith asked that notice to the affected business and property owners be given well in advance of the start of the work to allow them to prepare for the disruption to their customers.Mr. DeFrancesco stated that staff will be working with the businesses and contractor and will strive to keep driveways open at all times. He noted the contractor will be tasked with noticing businesses.MAYOR CAVECCHE OPENED THE PUBLIC HEARING.Julie Vieillemaringe, expressed concern about the effects of construction and the potential loss of business in the area.Stephen Rice, representing 7-11, Inc. asked about the gas pumps at the 7-11 Store. MAYOR CAVECCHE CLOSED THE PUBLIC HEARING.In response to concerns, City Engineer Frank Sun reported that the relocation of the gas pumps at the 7-11 store has been addressed and there should be no impact. He also stated that the Manhattan Supper Club sign will be relocated onto the restaurant's property; and that construction is not expected on Almond Avenue where the pre-school sits back from the street.Mayor pro tem Smith stated that although it will be an inconvenience to the business owners for a time, the overall benefit of widening the street will create improved access to the businesses. She added that the contractor hired should be extra careful and courteous and minimize inconvenience to the customers.RESOLUTION NO. 10384 A Resolution of the City Council of the City of Orange approving the Conceptual Plan and adopting Mitigated Negative Declaration No. ENV 1813-09 for the Main Street Widening Project SP 3541 and making certain findings in connection therewith.MOTION -Smith SECOND -Cavecche AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved CITY COUNCIL MINUTES May 26, 2009 10. PUBLIC HEARINGS (Continued) 10.3 FY 2008-09 ACTION PLAN SUBSTANTIAL AMENDMENT RELATING TO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDING UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT (CDBG-R). (A2100. 0 Agr-5422)Time set for public hearing to consider the FY 2008-09 Action Plan Substantial Amendment for the Community Development Block Grant Program under the American Recovery and ReinvestmentAct (CDBG-R).Discussion - Sr. Housing Manager Mary Ellen Laster gave the staff report.Councilmember Dumitru asked why the work benefits only low and moderate income areas;and whether the alleys to be improved are privately owned. He added that the City could look into selling the alleyways/access to residents' garages to the residents for them to maintain.Ms. Laster stated that that the alleys are not privately owned; and that these funds have to meet low and moderate income criteria and can not be used on arterial streets.Interim Public Works Director Joe DeFrancesco stated that the alleys are used for traffic circulation and access to residents' garages; and these particular alleys are high maintenance areas. These funds will assist with the general street maintenance budget.Mayor pro tem Smith stated the need for safe, healthy and beautiful neighborhoods.City Attorney David DeBerry stated that, at times, conditions on grant money disallow use on projects where funding has already been identified. MOTION -Smith SECOND -Bilodeau AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to:1) Approve the City's FY 2008-09 Action Plan Substantial Amendment for the CDBG-R Program;2) Authorize staff to request and receive the City's FY 2008-09 CDBG-R grant from HUD;and 3) Authorize the City Manager or his designee to execute the FY 2008-09 CDBG-R Grant Agreement and all CITY COUNCIL MINUTES May 26, 2009 11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 12. RECESS TO CLOSED SESSION The City Council recessed at 5:45 p.m. to a Closed Session for the following purposes: a. Conference with Legal Counsel-Anticipated Litigation Significant exposure to litigation pursuant to Government Code Section 54956.9(c)- One potential case.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 13. PUBLIC COMMENTS - None 14. PUBLIC HEARINGS14.1 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 86- 2 (SANTIAGOHILLS). (L1200.0 LMD- 86-2 Santiago Hills)Time set for public hearingto consider the Engineer's Report for the Annual Assessment for Landscape Maintenance Assessment District 86-2, which is located within the Upper Peters Canyon Specific Plan Area (Santiago Hills).Discussion -Interim Public Works Director Joe DeFrancesco gave the staff report. No protests had been received.MAYOR CAVECCHE OPENED THE PUBLIC HEARING.THERE BEING NO SPEAKERS, MAYOR CAVECCHE CLOSED THE PUBLIC HEARING.Mayor Cavecche clarified that the manpower and maintenance levels that currently exist will be reduced based on what the assessment CITY COUNCIL MINUTES May 26, 2009 14. PUBLIC HEARINGS (Continued) RESOLUTION NO. 10379 A Resolution of the City Council of the City of Orange approving the Engineer's Report and providing for the Annual Assessment for Landscape Maintenance District 86-2 ( Santiago Hills).MOTION - Murphy SECOND - Cavecche AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to approve Resolution No. 10379. MOTION -Murphy SECOND -Cavecche AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to establish the FY 2009-10 assessment at $369.44 per single family unit per year for Landscape Maintenance Assessment District 86-2.14.2 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 94-1 (SYCAMORE CROSSING). (L1200.0 LMD-94-1 Sycamore Crossing)Time set for public hearing to consider the Engineer's Report for the Annual Assessment for Landscape Maintenance Assessment District 94-1, which is located in the Sycamore Crossing Tract.RESOLUTION NO. 10380 A Resolution of the City Council of the City of Orange approving the Engineer's Report and providing for the Annual Assessment for Landscape Maintenance District 94-1 (Sycamore Crossing).Discussion -Interim Public Works Director Joe DeFrancesco gave the staff report, stating that staff recommends the maximum assessment of $293.08.Sr. Landscape District Coordinator Howard Morris reported that if a lower amount was assessed, the weekly level of services could be reduced to every other week or monthly. He stated he would not recommend reducing tree trimming or watering. He added that the contingency fund is very low and if a major emergency arose there may not be enough money in the fund CITY COUNCIL MINUTES May 26, 2009 14. PUBLIC HEARINGS (Continued) MAYOR CAVECCHE OPENED THE PUBLIC HEARING. S ep akers -Rich Robertson, noted the Board supports having the City continue maintenance and supports the maximum assessment of $293.08;Gerald Feldman, HOA President, asked about the feasibility of assessing the maximum amount of $293.08 and also reduce service in order to maintain a reserve fund; and Bob Pfannstiel, spoke in agreement with the maximum assessment.MAYOR CAVECCHE CLOSED THE PUBLIC HEARING.The Council discussed:The commitment from the HOA Board to work with the city and look at the issues,including the responsibility for the trail maintenance now that it is a regional trail;If there was not adequate money in the contingency fund, emergency repairs would have to be paid for out of the General Fund;The possibility of a shortfall if the assessment went below $250.00;The willingness of the HOA to pay the maximum assessment;The suggestion by the HOA member to lower the maintenance and increase the assessment to uphold the reserve.Councilman Dumitru asked about dissolving the assessment district and allowing the Homeowners Association to take over the maintenance.City Attorney David DeBerry stated at this time there is no agreement to pursue this.MOTION - Cavecche SECOND -AYES - Moved to approve Resolution No. 10380 and establish an assessment of $293.08, as requested by the Homeowners Association, for FY 2009-10.MOTION DIED FOR LACK OF SECOND PAGE 14 CITY COUNCIL MINUTES May 26, 2009 14. PUBLIC HEARINGS (Continued) Councilmember Dumitru asked about direction given in 2007 to work with a particular representative of the HOA group and what transpired from that. Community Services Department Director Marie Knight indicated that meetings did occur to discuss the HOA taking over maintenance of the landscaping, noting there are now new members on the HOA Board. Council discussed the possibility of collecting maximum assessment and then reimbursing the homeowners if the money was not used, or applying the overage to next year's assessment; noting they do not like having to raise assessments. Mayor pro tem Smith stated that she did not see the assessment as a tax, but rather a fee for service. City Attorney David DeBerry noted it was an assessment - a cost required by the Landscaping and Lighting District Act. He also noted that if an agreement was reached and the HOA took over the maintenance, Council could direct that any funds in the reserve balance be returned to the HOA.Mayor Cavecche reiterated that the HOA has requested that the maximum amount of $293.08 be assessed in order to maintain a contingency fund; and that the HOA Board supports working with the city on the responsibility of the trail maintenance.Council Action MOTION - Cavecche SECOND - Bilodeau AYES - Smith, Murphy, Cavecche, Dumitru NOES - Bilodeau Moved to approve Resolution No. 10380; and establish the assessment at $293.08, as requested by the Homeowners Association, for Fiscal Year 2009-10 for Landscape Maintenance District 94-1 (Sycamore Crossing).PAf:F. CITY COUNCIL MINUTES 15. PLANNING AND ENVIRONMENT -None 16. ADJOURNMENT -The Council adjourned at 7:45 p.m.The next Regular Council Meeting is scheduled for June 9, 2009 at 4:30 p.m.May 26, 2009 Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of May 26, 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.MURPH C L V. CAVEC E CIT CLERK. M OR rar. F. iF