HomeMy WebLinkAbout08-11-2009 Council MinutesAPPROVED BY THE CITY COUNCIL ON AUGUST 25, 2009
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
August 11, 2009
The City Council of the City of Orange, California convened on August 11, 2009 at 4:30 p.m.
in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:3U P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Warren Johnson, Senior Chaplain, Orange County Fire Authority
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Mark A. Murphy
1.3 ROLL CALL
PRESENT -Murphy, Cavecche, Bilodeau
ABSENT -Smith, Dumitru
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Introduction of Miss City of Orange 2010 Contestants.
Presentation of $1,000 to Orange Public Library by Tom Rizzo and John Russo,
Renaissance Lodge Order Sons of Italy in America.
Presentation of Resolution to Howard Morris upon his retirement.
Presentation of Resolution to Jerry Burgess upon his retirement.
Recognition of Employee Service Awards.
Announcement -State Assemblyman Duvall is sponsoring a child fingerprinting
program Saturday, August 21St at The Block.
2. PUBLIC COMMENTS -Sue
Ovitz, Sr. Field Representative for State Assemblyman Curt Hagman was introduced.
Will
Kempton, CEO, OCTA, was introduced.Page
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CITY COUNCIL MINUTES
3.
3.1
3.2
3.3
3.4
3.5
CONSENT CALENDAR
August 11, 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 July 9, 14, 16, 28 and 30,
2009.
ACTION: Approved.
Request approval of City Council Minutes, Regular Meeting, July 14, 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 June 30, 2009.
C2500.F)
ACTION: Approved.
AGREEMENTS
Third Amendment to Agreement for traffic signal and street lighting emergency
response services. (A2100.0 Agr-4739.
3)ACTION: Approved the third amendment to the agreement with Republic Electric
in the amount of $40,000.00; and authorized the Mayor and City Clerk to execute
on behalf of the
City.Page
CITY COUNCIL MINUTES August 11, 2009
3. CONSENT CALENDAR (Continued)
3.6 Professional Services Agreement with Shaw Environmental and Infrastructure,
Inc. for the monitoring and reporting of landfill gas activity at the former Yorba
Landfill. (A2100.0 Agr-4151.
A)ACTION: 1) Approved the Professional Services Agreement No. 4151.A with
Shaw,and authorized the Mayor and City Clerk to execute the amendment on behalf of
the City; and 2) Transferred $41,000 from Account
100-7001-426700-0000-01204 Professional and
Consulting Services) to Account 100-5022-426700-0000-01204.3.7 Second Amendment to
Agreement with David Evans and Associates for the
El Camino Real Renovation Project. (A2100.0 Agr-5102.2)ACTION:
Approved the Second Amendment to Agreement No. 5102 with David Evans and Associates,
and authorized the Mayor and City
Clerkto execute the amendment on behalf of the City.3.
8 Second Amendment to Consultant Services Agreement with Townsend Public Affairs, Inc.
for Lobbying and Grant Writing Services. (A2100.0 Agr-4748.
2)ACTION: Approved the Second Amendment to the Consultant Services Agreement for lobbying
and grant writing services between the City of Orange and Townsend Public Affairs, Inc.,
and authorized the Mayor and
CityClerk to execute the agreement on behalf of the City.
3.9 Cooperative Agreement No. C-9-0556 between the Orange County Transportation
Authority and the City of Orange for funding of
the Closed Circuit Television Cameras at the Orange Transportation
Center. (A2100.0 Agr-5450)ACTION: Approved Cooperative Agreement No. C-9-0556; and authorized
the Mayor
CITY COUNCIL MINUTES August 11, 2009
3. CONSENT CALENDAR (Continued)
3.10 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.Anaheim District Church
b.Eduardo Delgado, Jr.
c.Claudia Negrete
d.Roderick Quinn
e.Cindy Welty
f.City of Anaheim
g.Joseph Gabrill
h.Leanne Chen
i.Aaron Lao (a minor)
j.Miranda Lao (a minor)
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.11 Award of Contract -Bid No. 090-01, Community Development Block
Grant Project; Pixley Street Sewer Improvements. (A2100.0
Agr-5451)ACTION: Awarded the contract in the amount of $90,500 to Ramona, Inc.
of Arcadia and authorized the Mayor and City Clerk to execute on behalf of
theCity.3.12 Award of Contract -Bid No. 089-40, Pipeline Renewal Project
forFY 2008-
09.A2100.0 Agr-5452)ACTION: Awarded the contractinthe amount of $885,310.00
to John T. Malloy, Inc.and authorized the Mayor and City Clerk to execute the contract
on behalf of the City.3.13 Contract Change Order No. 1 and
Final; Bid No. 089-20; Community Development Block Grant
FY 08-09
Orange Senior Center Improvements.A2100.0 Agr-5407)ACTION: Approved Contract Change Order No. 1
and Finalin the amount of $21,375 to W.
L. Butler
CITY COUNCIL MINUTES August 11, 2009
3. CONSENT CALENDAR (Continued)
3.14 Contract Change Order No. 1 and Final; Bid No. 089-21; Annual
Concrete Replacement at Various Locations, FY 08-09. (A2100.
0 Agr-5413)ACTION: Approved Contract Change Order No. 1 and Final in
the amountof 84,263.95 to C.J. Concrete Construction, Inc. for
theextra work.3.15 Final Acceptance of Bid No. 089-21; Annual
Concrete Replacement at Various Locations, FY 2008-09 - C.J. Concrete Construction,
Inc. (No staff report re
uired (A2100.0 Agr-5413)ACTION: Accepted public work improvements,
authorized release of First National Insurance Company of America Bond No. 6533433 inthe amount
of $360,000.00 and authorized the Mayor and City Clerk to
executethe Notice of Completion.3.16 Final Acceptance of Bid No. 089-
24; El Modena Branch Library Lighting Improvement Project - J. Kim Electric, Inc. (No
staff
report required) (A2100.0 Agr-5408)ACTION: Accepted public
work improvements, authorize release of SureTec Insurance Company Bond No. 4372849in the amount of $
33,400.00 and authorized the Mayor and City Clerk
to execute the Notice of Completion.3.17 Final Acceptance of Bid No. 089-17;
Santiago Creek Bike Trail North Project on Bond Avenue from Prospect Street
to Hewes Street -Imperial Paving Co., Inc.
No staff report required) (A2100.0 Agr-5380)ACTION: Accepted
public work improvements, authorize release of The Guarantee Company of North America USABondNo.
12058707 in the amount of $325,786.50 and authorized the Mayor and
City Clerk to execute the Notice of Completion.3.18 Final Acceptance of Bid
No. 089-05; CAP Project -Maple Ave., Maplewood St.,Monterey Rd.,
Shattuck Pl., and Waverly St. Rehabilitation Project -Elite Bobcat
Service, Inc. (No staff report required) (A2100.0 Agr-5406)
ACTION: Accepted public work improvements, authorized release of Fidelity and Deposit Company ofMaryland Bond
No. 7607713 in the amount of $440,000.00 and authorized the
Mayor and
CITY COUNCIL MINUTES August 11, 2009
3. CONSENT CALENDAR (Continued)
DONATIONS
REMOVED AND HEARD SEPARATELY)
3.19 Request to accept into the City's revenue budget and to appropriate a $1,000.00
donation from the Renaissance Lodge Order Sons of Italy in America to Orange
Public Library. (C2500.I)
MOTION -Cavecche
SECOND -Murphy
AYES -Murphy, Cavecche, Bilodeau
ABSENT -Smith, Dumitru
ACTION: 1) Accepted in the City's revenue budget a $1,000.00 donation from
Renaissance Lodge Order Sons of Italy in America into revenue account 100-
2001-29399-9969 (Sons of Italy donation); and 2) Appropriated the Sons of Italy
donation to Account 100-
2001-
443101-9969 (Library Books).PERMITS 3.20 Dirt Hauling Permit for McCarthyBuilding
Companies, Inc. (C2500.M.20)NOTE: City Attorney David DeBerry explained this item
needed to be continued as Councilmember Bilodeau would need to recuse himself due
to a conflict of interest,which did not leave a quorum present
to act on the item.ACTION:
Continued
toAugust 25, 2009.PURCHASES 3.21 Purchase of Self Contained Breathing
Apparatus from Allstar Fire Equipment Inc. through a
competitive bidding process. (C2500.H)ACTION: Authorized the Fire Department to purchase
50 replacement Scott Air Paks from Allstar Fire Equipment Inc. in the amount of $
246,721, through a competitive bidding process, with Federal Assistance to
Firefighters Grant and CIP funds.3.22 Purchase of Self Contained Breathing
Apparatus from Allstar Fire Equipment Inc. through a
competitive bidding process. (C2500.H)ACTION: Authorized the Fire Department to
purchase 30 additional replacement Scott Air Paks from Allstar Fire Equipmentin the amount
of $215,416, through a competitive bidding process, with CIP, Prop
172 and
CITY COUNCIL MINUTES August 11, 2009
3. CONSENT CALENDAR (Continued)
3.23 Project No. 6049, Implementation of Northwest City Wireless Signal Interconnect.
54000.5.3)
ACTION: Authorized sole source procurement of hardware brands from established
vendors to maintain standardization of citywide radio link between signal controllers
and the Traffic Management Center.
RESOLUTIONS
REMOVED AND HEARD SEPARATELY)
3.24 RESOLUTION NO. 10398 (C2500.N)
A Resolution of the City Council of the City of Orange expressing appreciation to F.
Howard Morris of the Community Services Department and commending him for more
than 20 years of loyal and dedicated service.
MOTION Cavecche
SECOND Murphy
AYES Murphy, Cavecche, Bilodeau
ABSENT Smith, Dumitru
ACTION: Approved.
3.25 RESOLUTION NO. 10399 (54000.0)
A Resolution of the City Council of the City of Orange temporarily closing Atchison
Street from Chapman Avenue to Maple Avenue, and Maple Avenue westerly of
Cypress Street, from 12:00 Noon to 9:00 p.m., Thursday, August 27, 2009 for a special
event at the Orange Depot.
ACTION: Approved.
REMOVED AND HEARD SEPARATELY)
3.26 RESOLUTION NO. 10400 (C2500.K)
A Resolution of the City Council of the City of Orange expressing appreciation to Jerry
Burgess of the Orange Police Department for 34 years of loyal and dedicated service.
MOTION -Cavecche
SECOND -Murphy
AYES -Murphy, Cavecche, Bilodeau
ABSENT -Smith, Dumitru
ACTION: Approved.
Page 7
CITY COUNCIL MINUTES August 11, 2009
3. CONSENT CALENDAR (Continued)
3.27 RESOLUTION NO. 10401 (A2100.0 Agr-
5453)A Resolution of the City Council of the City of Orange executing an amended
and restated Orange County Council of Governments (OCCOG) Joint Powers
Agreement.ACTION:
Approved.MOTION -
Bilodeau SECOND -
Murphy AYES -Murphy, Cavecche,
Bilodeau ABSENT -Smith,
Dumitru Item 3.20 was continued to August 25th. Items3.19, 3.24 and 3.26 were removed
and heard separately. All other items were approved as
recommended.END OF CONSENT
CALENDAR 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 City Manager John Sibley announced the Railroad Safety Enhancement Project
was beginning that
week.Page
CITY COUNCIL MINUTES
9. LEGAL AFFAIRS
August 11, 2009
9.1 ORDINANCE NO. 15-09 (FIRST READING) (A2500.0 Ord-
15-09 Massage)An Ordinance of the City Council of the City of OrangeAmending Chapter 5.56
of the Orange Municipal Code regulating the Licensing and Operation
of Massage Establishments.Discussion -City Attorney David DeBerry gave the staff report. He stated that
some of the City's regulations on massage establishments were being superseded by new
state standards on certification to be implemented September 1, 2009. He added that
the operators' requirement to adhere to zoning regulations, business licensing requirements, and
reasonable health and safety requirements currently in
place would remain.Mayor Cavecche stated her disapproval with the new law adopted by the
State. She expressed her appreciation to former Assemblyman Todd Spitzer for his vote against the
bill and asked what would happen if the City did not change its regulations in
the Municipal Code.Mr. DeBerry indicated that state law trumps the City regulations; therefore,
some sections of the city's municipal code may be unenforceable. In response to questions
from Council, he stated that operators without state permits are subjectto the City's
requirement for a background check and fingerprinting, as well as following health
regulations for their establishment; but the City cannot regulate specific provisions on what
is required for operators to
obtain a permit.Councilmember Murphy stated that the Council had taken a proactive stance
for years and workedwith the City's police to effectively manage and monitor the
massage establishments
in the City.Councilmember Bilodeau requested the zoning aspects of the issue be
researched and reported back to Council before he votes
on the ordinance.Mayor Cavecche stated that she has received many complaints from citizens on
this issue, and that the City's Police Department has been doing a great job monitoring
operators. She stated her understanding of the new state law and that there is an obligation to have
the city's municipal code in compliance with state law, but she was not prepared to
vote on this Ordinance
at this time.ACTION: No action was taken on this item; to be re-agendized
at a
CITY COUNCIL MINUTES August 11, 2009
9. LEGAL AFFAIRS (Continued)
9.2 ORDINANCE NO. 16-09 (FIRST READING) (A2500.0 Ord-
16-09 Taxes)An Ordinance of the City Council of the City of OrangeAmending Chapter 5.02
of the Orange Municipal Code Requiring Payment of Taxes Prior
to Judicial
Review.MOTION -
Bilodeau SECOND -Murphy AYES -
Murphy, Cavecche, Bilodeau
ABSENT -Smith, Dumitru Moved that Ordinance No. 16-09 be read by title only and same was set
for second reading
by the preceding
vote.10. PUBLIC HEARINGS 10.1 ORDINANCE
AMENDMENT -REASONABLE ACCOMMODATIONS FOR DISABLED PERSONS IN THE PROVISION OF
HOUSING. (A2500.
0 Ord-06-09 Reasonable Accommodations)Time set for public hearing to consider an ordinance
amending Title 17 of the Orange Municipal Code to add provisions for
Reasonable Accommodations for Disabled
Persons in the Provision of Housing.Discussion -City Attorney David DeBerry gave the
staff report. He stated the amendment would align the Municipal Code with current state
and federal laws giving disabled
individuals clear guidance for seeking accommodation.MAYOR CAVECCHE OPENED
THE PUBLIC HEARING. THERE BEING NO SPEAKERS,
THE MAYOR CLOSED THE PUBLIC
HEARING.ORDINANCE NO. 6-09 (FIRST READING)An Ordinance of the City Council of the City of
Orange amending Title 17 of the Orange Municipal Code to add provisions
for Reasonable Accommodations for
Disabled Persons
in the
Provision of Housing.MOTION
Murphy SECOND Cavecche AYES
Murphy, Cavecche, Bilodeau ABSENT -Smith, Dumitru Moved that Ordinance No. 6-09 be read by title only and
same was set
for second
CITY COUNCIL MINUTES August 11, 2009
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
12. RECESS TO CLOSED SESSION
The City Council did not recess to a Closed Session for the following purposes:
a. 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.
13. ADJOURNMENT -The City Council adjourned at 5:50 p.m.
There was no 7:00 p.m. session scheduled for the August 11, 2009 Council meeting.
The next Regular Council Meeting is scheduled for August 25, 2009 at 4:30 p.m.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of August 11, 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
R .MURPHY
CITY CLERK
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