HomeMy WebLinkAbout09-08-2009 Council MinutesAPPROVED BY THE CITY COUNCIL ON SEPTEMBER 22, 2009
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING September 8, 2009
The City Council of the City of Orange, California convened on September 8, 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 Pastor Rob Curington, Orange Villa Bible Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tem Teresa Smith
1.3 ROLL CALL
PRESENT -Smith, Murphy, Dumitru, Bilodeau
ABSENT - Cavecche 1.
4PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation
to Graeme and Jill McLean, representatives from Orange's Sister City in Orange,
New South Wales,'Australia.2.
PUBLIC COMMENTS -Sue Obermayer,
address on file, thanked the Police Department for increased patrols on Serrano Avenue;
and pointed out a brush fire hazard along portions of Serrano Avenue.
CITY COUNCIL MINUTES
3. CONSENT CALENDAR
September 8, 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 City Council Minutes, Regular Meeting August 25, 2009. (C2500.D.4)
ACTION: Approved.
3.2 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.3 Lease Agreement for two Wireless Antennas at the Civic Center. (A2100.0 Agr-
5462)
ACTION: Approved the Site Lease by and between City of Orange and Omnipoint
Communications, Inc. for two Wireless Antennas at the Civic Center.
3.4 Memorandum of Understanding between the City of Orange and the Orange
County Transportation Authority (OCTA) for Inter-Jurisdictional Traffic
Light Synchronization Program (TLSP) Project on Chapman Avenue from
Canyon View Avenue to Valley View Street in the City of Garden Grove. (A2100.0
Agr-
5463)ACTION: Approved the Memorandum of Understanding for the Chapman
Avenue Traffic Light Synchronization Program Project and authorized the Mayor and
City Clerk to execute on behalf of the
City.Page
CITY COUNCIL MINUTES September 8, 2009
3. CONSENT CALENDAR (Continued)
3.5 CLAIMS (C3200.0)
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. Jackie Braun
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.6 Final Acceptance of Bid No. 089-35; Annual Pavement Maintenance Project
at Various locations, FY 2008-09 - R. J. Noble Company (No staff report
required).A2100.0
Agr-5426)ACTION: Accepted public work improvements, authorized release
of Travelers Casualty and Surety Company of America of Connecticut Bond No. 105293972
in the amount of $849,335.00 and authorized the Mayor and City Clerk to execute
the Notice
ofCompletion.3.7 Final Acceptance of Bid No. 067-06; Water Lube Conversion
for Wells -General Pump Company (No staff report required). (
A2100.0 Agr-4969)ACTION: Accepted public work improvements,
authorized release of Travelers Casualty and Surety Company of America of Connecticut Bond
No. 104750758 in theamount of $601,500.00 and authorized the Mayor and City Clerk
to execute
the
Notice of Completion.GRANTS 3.8Award of a $1,000 grant from Target to the Orange
Police Department for the purchase of GPS devices for use by the Investigative
Services Division. (C2500.K)ACTION: Accepted grant from Target in the amount of $
1,000 donation and appropriatedfunds to 100.4031.55131 (Detectives-Equipment)
for
the purchase
CITY COUNCIL MINUTES September 8, 2009
3. CONSENT CALENDAR (Continued)
3.9 FY 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG).
A2100.0 Agr-4654.
D)ACTION: 1) Authorized the City Manager or his designee to execute the
agreement between the City and the County of Orange for $125,044 in FY 2009 Recovery
Act JAG funds, including the allocation of $25,040 in support of PROACT and $11,
254 administrative fee to the County; 2) Appropriated the remaining $88,750 to
account 353.4011.55131.12265 (Police Equipment-2009 JAG) for the expansion of
the Digital Information Management System (DIMS), and the purchase of a night
vision rifle scope for SWAT, a video production system, and an Emergency
Operations Center EOC) sound system; and 3) Approved the purchase of the DIMS
expansion software and equipment from Linnear Systems as a sole source vendor in an
amount of53,
783.
50.PURCHASES 3.10 Purchase of 20 mobile data units from Raytheon for use in
police vehicles.
C2500.K)ACTION: 1) Approved the purchase of 20 mobile data units from Raytheon
in the amount of $40,619; and 2) approved the purchase of spare parts from Raytheon
in an amount not to exceed $
7,000
MOTION Bilodeau
SECOND Murphy AYES Smith, Murphy,
Dumitru, Bilodeau ABSENT
Cavecche All items on the Consent Calendar were approved as
recommended.END OF CONSENT
CALENDAR 4. REPORTS FROM MAYOR CAVECCHE -
None 5. REPORTS FROM COUNCILMEMBERS -
None Page
CITY COUNCIL MINUTES September 8, 2009
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Annual report from Audit Committee Chairman. (OR1800.0.27.17)
MOTION Murphy
SECOND Dumitru AYES
Smith, Murphy, Dumitru, Bilodeau ABSENT
Cavecche ACTION: Received
and filed.7. ADMINISTRATIVE
REPORTS 7.1
Homelessness Prevention and Rapid Re-Housing Program (HPRP).A2100.
0 Agr-5421)
RECOMMENDED ACTION: 1) Approve the funding recommendations of the CDBG
Program Committee for the City's HPRP; 2) authorize staff to receive $545,636 to HPRP
Account 318.0000.45120 and appropriate $545,636 to the following HPRP accounts:
318.9660.50101.11110 Administration $27,281
318.9660.51770.09000 OC Partnership $20,000
318.9660.51770.09001 AIDS Services Foundation Orange County $34,390
318.9660.51770.09002 First Presbyterian Church of Orange $90,000
318.9660.51770.11357 Friendly Center, Inc. $249,030
318.9660.51770.11905 Olive Crest Treatment Centers, Inc. $52,763
318.9660.51770.09003 Legal Aid Society of Orange County $54,672
318.9660.51770.09004 Public Law Center $17,500
TOTAL $545,636
and 3) authorize the City Manager or his designee to execute HPRP Subrecipient Agreements
with the funded nonprofit agencies and all other required HPRP documents on behalf of the
City.
Discussion -City Manager John Sibley reported that the City had just received a letter from
the Apartment Association of Orange County expressing concern over funding for the Legal
Aid Society.
Senior Housing Manager Mary Ellen Laster gave the staff report. In response to comments
from Councilmember Dumitru, she clarified the programs' objectives and provider services.
Councilmember Bilodeau requested more time to review the applications.
Mayor pro tem Smith stated that the County system monitors services to catch any possibility
ofdouble-dipping and recipients are required to register for monitoring
purposes.Page
CITY COUNCIL MINUTES
7. ADMINISTRATIVE REPORTS (Continued)
MOTION -Bilodeau
SECOND - Dumitru AYES -
Smith, Murphy, Dumitru, Bilodeau ABSENT -
Cavecche Moved
to continue to September 22, 2009.8.
REPORTS FROM CITY MANAGER -None 9.
LEGAL AFFAIRS September
8, 2009 9.
1ORDINANCE NO. 11-09 (SECOND READING) (21500.0 ZCG-
1251-08)An Ordinance of the City Council of the City of Orange approving the reclassification
of two remnant right of way parcels located at the southeast corner of Chapman Avenue and
the Santa Ana (I-5) Freeway from Un-Zoned
to C-2 (General
Business).Zone Change
No. 1251-
08 MOTION - Dumitru SECOND -Bilodeau
AYES -Smith,
Murphy, Dumitru, Bilodeau ABSENT -Cavecche Moved that Ordinance No. 11-09 be read by title only and
same was approved
and adopted by
thepreceding vote.10. PUBLIC HEARINGS 10.1 SANTIAGO CREEK
BIKE TRAIL - NORTH PROJECT; MITIGATED NEGATIVE DECLARATION NO.
ENV 1819-09. (N1200.0 NEG-1819-09)Time set for public hearing to consider
the proposed project involving the construction of the Santiago Creek Bike Trail -North Project, a
Class I (Off-Road) Bike Trail, along portions of Collins Avenue, HewesStreet,
Santiago Canyon Road
and Cannon Street, approximately 1.7 miles in length.Discussion -Public Works Director
Joe DeFrancesco gave the staff report. He responded to Councilmember Bilodeau'
s question reporting that easement agreements with the Orange County Water District have
been drafted. He added that landscape maintenance will be performed by the City until the
landscaping is established
and then
CITY COUNCIL MINUTES
10. PUBLIC HEARINGS -THE
MAYOR PRO TEM OPENED THE PUBLIC HEARING.Speakers -
Mark Hurwitz
stated concerns with the alignment of the trail;Shirley Grindle
spoke in support;John Moore -
spoke in support;Pamela Galera -spoke
in support.September8, 2009 City
Engineer Frank Sun
addressed drainage concerns of Mr. Hurwitz, explaining the alignment of the trail
behind Mr. Hurwitz' property actually results in less impact to the property.THE MAYOR PRO
TEM
CLOSED THE PUBLIC HEARING.RESOLUTION NO. 10405 A
Resolution of the
City Council of the City of Orange approving and adopting Mitigated Negative Declaration No. Env.
1819-09 and a Mitigation Monitoring and Reporting Program for a portion
of the Santiago Creek Bike Trail -North Project, approving Conceptual Plans therefore, and making
certain findings in connection therewith.MOTION -Smith SECOND -
Dumitru AYES -
Smith, Murphy, Dumitru,
Bilodeau ABSENT - Cavecche Moved to
adopt Resolution 10405.
11. RECESS TO THE MEETING
OF THE ORANGE REDEVELOPMENT AGENCY 12. RECESS TO CLOSED
SESSION
The City Council recessed at
5:25 p.m. to aClosed Sessionfor the following purposes:a. Conference with Legal Counsel -
Existing Litigation pursuant to Government Code Section 54956.9(a):1) William
Yerrick v. City
of Orange, et al., OCSC Case No.: 30-2008-00112274 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.Page 7
CITY COUNCIL MINUTES September 8, 2009
13. ADJOURNMENT -The Council adjourned at 6:00 p.m.
There is no 7:00 p.m. Session scheduled. The next Regular Council Meeting is scheduled for
September 22, 2009 at 4:30 p.m.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of September 8, 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.
j,
M URPHY
ITY CLERK
G,`,~,,t„~c~
YN V. CAVECCHE
MAYOR
Page 8