HomeMy WebLinkAbout09-22-2009 Council MinutesAPPROVED BY THE CITY COUNCIL ON OCTOBER 13, 2009
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING September 22, 2009
The City Council of the City of Orange, California convened on September 22, 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 Mayor Carolyn Cavecche
1.2 PLEDGE OF ALLEGIANCE TO TAE FLAG
Led by Councilmember Mark Murphy
1.3 ROLL CALL
PRESENT -Smith, Murphy, Cavecche, Dumitru, Bilodeau
ABSENT -None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Recognition to Orange Public Library 2009 Teen Volunteers.
Recognition to Orange Little League All Star Teams.
Recognition of Employee Service.
Presentation from the Orange Library Foundation.
2. PUBLIC COMMENTS
Mason Peoples, spoke on traffic safety issues at Collins and California.
CITY COUNCIL MINUTES
3.
3.1
3.2
3.3
3.4
3.5
3.6
CONSENT CALENDAR
September 22, 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.
Confirmation of warrant registers dated August 20 and 27, September 3 and 10, 2009.
ACTION: Approved.
City Council Minutes, Regular Meeting of September 8, 2009. (C2500.D.4)
ACTION: Approved.
NOTE: Mayor Cavecche recorded an abstention on this item.
Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
Receive and file the City Treasurer's Report, period ending August 31, 2009.
ACTION: Approved.
AGREEMENTS
Agreement with Irvine Ranch Water District (IRWD) regarding sewer service in
the Orange Park Acres IRWD Service Area. (A2100.0 Agr-
5465)ACTION: Approved Agreement and authorized the Mayor and City Clerk to
execute on behalf of the
City.Fourth Amendment to Agreement with Hall & Foreman, Inc. for the
Santiago Creek Bike Trail, Tustin-to-Collins segment. (A2100.
0 Agr-4887.4)ACTION: Approved Fourth Amendment to Agreement No.
4887; and authorized the Mayor and City Clerk to execute the amendment on
behalf of
CITY COUNCIL MINUTES September 22, 2009
3. CONSENT CALENDAR (Continued)
3.7 Sixth Amendment to Attorney Services Agreement with the Law Firm of Rutan &
Tucker to provide legal services in relationship to the City's defense of a CEQA
challenge filed against the City's approval of the East Orange development.
A2100.0 Agr-4798.
6)ACTION: Approved agreement and authorized the Mayor and City Clerk to
execute the Sixth Amendment to Agreement with Rutan and Tucker,
LLP.3.8 Second Amendment to Consultant Services Agreement with Geologic
Associates,Inc. for geotechnical services at Reservoir 2A. (A2100.0 Agr-
4802.2)ACTION: Approved Second Amendment to the Consultant Services
Agreement with Geologic Associates, Inc. in the amount of $9,622.00 and authorized the
Mayor and City Clerk to execute on behalf of
theCity.3.9 Professional Engineering Services for the Structural Design associated
with the Santiago Creek Bike Trail North project. (A2100.
0 Agr-5466)ACTION: Approved Agreement with Arcon Structural Engineers, Inc.
in an amount not toexceed $54,155.00 and authorized the Mayor and City Clerk to
execute on behalf
ofthe City.3.10 Agreement for Orange Depot Pedestrian Undercrossing Phase
III Close Circuit Television (CCTV) work at Orange Police Department
Headquarters. (
A2100.0 Agr-5467)ACTION: 1) Authorized the Mayor and the City Clerk to
execute the Agreement with JPL Electric on behalf of the City; and 2) Appropriated $37,087
from revenue in fund 550-5011-45530-20001 (Revenue
from Other Public Agencies) to Expenditure Account No. 550-
5011-
51700-20001 (Contractual Services) for
costs incurred under this Agreement.3.11 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.
Mercury Insurance (subrogee of Rebecca Valderrama)b. Susan M. Moore ACTION: Denied Claim(
s) for
CITY COUNCIL MINUTES September 22, 2009
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.12 Award of Contract -Bid No. 090-03; Arterial Highway Rehabilitation
Program AHRP) -Santiago Boulevard Rehabilitation Improvements from 255 feet
south of Brookside Avenue to Lincoln Avenue. (A2100.0
Agr-5468)NOTE: Councilmember Bilodeau recorded an abstention on this item, due
to the proximity of the project to
his residence.ACTION: 1) Appropriated $39,000 from 550 to 550-5011-
56330-13090 (RAC); and 2)Awarded a contract intheamount of $1,212,702.00 to
R.J. Noble Company, Orange,and authorized the Mayor and City Clerk to execute
on behalf of the City.3.13 Award of Contract -Bid No.
090-04; Cambridge Street Rehabilitation Arterial Highway Rehabilitation
Program (AHRP) Project -Cambridge Street from Walnut Avenue to Collins Avenue and
from Katella Avenue
to Meats Avenue.A2100.0 Agr-5469)ACTION: 1) Appropriated $46,
500 from 550 to 550-5011-56330-13091 (RAC); and2) Awarded acontract in the amount
of $940,491.55 to R.J. Noble Company, Orange,and authorized the Mayor
andCity Clerk to execute on behalf of the City.3.14
Award of Contract -Bid No. 090-05; Glassell Street
Rehabilitation Arterial Highway Rehabilitation Program (AHRP) Project -
Glassell Street from Fletcher Avenue to Dunton Avenue. (A2100.0 Agr-
5470)ACTION: 1) Appropriated $20,000 from 550 to 550-5011-56330-13094 (RAC); and 2) Awarded
a contract in the amount of $378,828.98 to R.J. Noble Company,
Orange,and authorized the Mayor and City Clerk to execute on behalf of the City.
3.15 Final Acceptance of Bid No. 089-30;
Industrial Street Rehabilitation Project - R.J.Noble Company. (No Staff
Report Required.) (A2100.0 Agr-5439)ACTION: Accepted public work improvements, authorized releaseofFidelity
and
Deposit Company of Maryland, Bond No. 760012 in the amount of $2,753,
328.50.EXPENDITURES 3.
16 Funding request forFiscal Year 09-10 from Orange Public
Library
Foundation.OR1800.
CITY COUNCIL MINUTES September 22, 2009
3. CONSENT CALENDAR (Continued)
3.17 Repair and Installation of a pump and bearings for We1125. (C2500.P.3)
ACTION: Authorized the repair and installation of a pump and bearings by General
Pump Company of San Dimas, CA, in the amount of $32,161.25.
MOTION -Murphy
SECOND -Smith
AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau
Mayor Cavecche recorded an abstention on Item 3.2. Councilmember Bilodeau
recorded an abstention on Item 3.12. All 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
Page 5
CITY COUNCIL MINUTES September 22, 2009
7. ADMINISTRATIVE REPORTS
7.1 Homelessness Prevention and Rapid Re-Housing Program (HPRP) (
Continued from September 8, 2009). (A2100.0
Agr-5421)Discussion -Senior Housing Manager Mary Ellen Laster gave the
staff report.
beakers -Anna Lisa Bieson, Legal Aid Society of Orange
County;Mary Lou Czerner, Legal Aid Society of Orange
County;Emily Osterberg, Apartment Association of Orange
County;Cathy Seelig, Friendly Center, answered a question by Mayor Cavecche that their
clients'residency status is
checked.Ms. Laster, answering a question by Councilmember Murphy, confirmed that these
HPRP funds are available to Orange residents
only.Mayor pro tem Smith stated she remains in favor of the program; that it is a local
opportunity to assist people to stay in their homes and that the applicants go through a thorough
screening
process.Pastor Preston of First Presbyterian Church responded to Mayor Cavecche and confirmed
that theChurch's program would be sustainable beyond the one-time infusion of
HPRP funds.Councilmember Bilodeau suggested collaboration of services between Legal Aid
and the Friendly Center, specifically that the Friendly Center could service referrals from
Legal Aid and the Public
Law Center.Darren McGaha, Public Law Center, stated that their services are performed
by volunteer attorneys and the requested funding is for community education and education to
providers in order to reach and counsel tenants. He confirmed that they had received HPRP funds
from the City of
Santa Ana.Ms. Laster confirmed that the sub-recipient agreements must be signedby September
30`h. She further explained that 60% of the money is to spent by August 20, 2011 and
100% by
August 20, 2012.Karen Bergstrom, Olive Crest Treatment Centers, Inc. stated that their
program seeks to prevent homelessness of emancipated foster children between 18 and
27 years old.Cynthia Drury, Friendly Center Program Director, explained
their program targeted transitional-aged youth to learn life skills. She added that the Friendly
Center will join the CMIS accountability program to
report usage
CITY COUNCIL MINUTES September 22, 2009
7. ADMINISTRATIVE REPORTS (Continued)
Councilmember Dumitru asked if OC Partnership, operators of the CMIS program, would be
able to waive the $250 yearly program fee for the Friendly Center.
Dawn Lee, OC Partnership, stated that the Partnership serves all non-profit organizations
in Orange County and that the $250 was a reduced fee that does not cover all their expenses
to keep agencies accountable for how grant money is
spent.Councilmembers expressed concern about using funds for legal services and discussed the
idea of transferring money away from the Legal Aid Society and Public Law Center to
other
agencies.MOTION -
Bilodeau SECOND -
Cavecche AYES -Smith, Murphy, Cavecche,
Bilodeau NOES - Dumitru
Moved to: 1) Authorize staff to receive $545,636 to HPRP Account 318-0000-
45120 andappropriate $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 100,000
318-9660-51770-11357 Friendly Center, Inc.301,
202 318-9660-51770-11905
Olive Crest Treatment
Centers, Inc.62,763 318-9660-51770-09003 Legal Aid Society of Orange County
0 318-9660-51770-09004 Public Law Center 0 Total 545,636 and 2) authorize the
CityManager or his designee to execute HPRP Sub-
recipient Agreements with the funded nonprofit agencies and all
other required HPRP documents on behalf of the
City.7.2 Vehicle Impound
Yard Feasibility Report. (C2500.
K)Deputy City Manager
Rick Otto gave the staff
report.beakers -All spoke in
opposition to the item.Harry Baddon, A & B Towing;
Jason Desjardins, Orange Towing;Jim Kruger, Expert Tow;Russ Welch,
Tows R
CITY COUNCIL MINUTES September 22, 2009
7. ADMINISTRATIVE REPORTS (Continued)
Council agreed that while this might have appeared to be a good idea at first, it is not the role of
government to compete with the private sector, and this venture should not proceed any further.
MOTION - Dumitru SECOND -
Murphy AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved
to 1) Receive and file report; and 2) Direct staff to do no further work on establishing a vehicle
impound yard.8.
REPORTS FROM CITY MANAGER -None 9.
LEGAL AFFAIRS 9.
1 ORDINANCE NO. 14-09 (FIRST READING) (Continued from August 25,
2009). (A2500.0 Ord-14-09
Business Taxes)An Ordinance of the City Council of the City of Orange adding Section5.12.090 to
the Orange Municipal Code relating to exemptions from
Business Taxes.NOTE: Staff recommends this item be continued to no
date certain.MOTION -
Dumitru SECOND -
Murphy AYES -Smith, Murphy, Cavecche, Dumitru,
Bilodeau Moved to continue to no date
certain.9.2 ORDINANCE NO. 13-09 (FIRST READING) (A2500.0 Ord-
13-09 Utility Billing)An Ordinance of the City Council of the City of OrangeAmending
Sections 13.08.010,13.08.060 and 13.16.080 of the Orange Municipal Code
relating to Utility Billing.Discussion -Finance Director Rich Jacobs gave the staff report. He stated
there has been a four-fold increase in accounts being written off, costing the
City hundreds of thousands of dollars due to non-payment of bills. He noted this ordinance
would only affect those who do not pay utility bills on time, approximately 5-10% of
total payers, and that the other 90-95%are ultimately paying
the cost
of those
who do not pay.MOTION -Murphy
SECOND -Smith AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 13-09 be read by title
only and same
was set
CITY COUNCIL MINUTES September 22, 2009
9. LEGAL AFFAIRS (Continued)
9.3 ORDINANCE NO. 8-09 (FIRST READING) (A2500.0 Parties &
Underage
Drinking)An Ordinance of the City Council of the City of Orange Amending Chapter9.39 of the
Orange Municipal Code Relating to Parties and Underage
Drinking.Discussion -City Attorney David DeBerry gave the staff report, stating that this ordinance
is in response to multiple complaints of loud and unruly parties on residential streets.
He responded to a letter received from the Apartment Association of Orange County,
expressing concern that apartment owners would be held responsible for tenants actions. He stated
that according to current law that is already the case. In response to question from Council,
he further stated that the ordinance will more specifically define terms in the Orange
Municipal Code, as the current criteria is too subjective to
enforce.Police Lieutenant Dave Hill clarified the current Business and Professions Code
regulations;explained the options available to responding officers; spoke to changes in the ordinance;
and listed the behaviors that would be in violation of the new
ordinance.Speakers - in favor of the ordinance
Ken Ryan, KTGY, representing Chapman University
Harold Hewitt, Chapman University
Bill McGuire
Shelley Bower
Bob Hitchcock
Marianne Jordan-
Terry Rosemary
Sieve Robyn
Class Todd
Fitschen Speakers - in opposition to the ordinance
Gregory Barton
Eric Smith
Mayor Cavecche explained that many homes which are rented out to Chapman University
students are located within single family neighborhoods, which requires a level of
responsibility, versus housing at other schools which are usually separated from residential
areas.
Mayor pro tem Smith stated support for the ordinance, noting that it is supported by the school
administration, and that the university is offering use of their security to assist in enforcement.
She noted this is a major problem in the community and that other cities with similar problems
hold party hosts accountable for parties.
Page 9
CITY COUNCIL MINUTES September 22, 2009
9. LEGAL AFFAIRS (Continued)
Councilmember Murphy stated he was looking for tools for the Police Department to bring
resolution to the problem affecting so many of the neighbors in the area of Chapman
University.
Council agreed to a continuance to research and review the options before making a final
decision. Mayor Cavecche encouraged communication with City Hall by all those negatively
or positively affected.
MOTION -Murphy
SECOND -Bilodeau
AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to continue to October 13, 2009.
10. PUBLIC HEARINGS
10.1 ORDINANCE AMENDMENT -MEDICAL MARIJUANA DISPENSARIES.
A2500.0 Ord-17-09 Urgency Medical
Marijuana Dispensaries)Time set for public hearing to consider an urgency measure extending the prohibition
of the operation and/or establishment of medical
marijuana dispensaries.City Attorney David DeBerry gave the staff report, stating that this is the last extension
of the urgency ordinance allowed by
State law.THE MAYOR OPENED THE
PUBLIC HEARING.THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE
PUBLIC HEARING.ORDINANCE NO. 17-
09 (URGENCY ORDINANCE)An Urgency Measure of the City Council of the City of Orange Extending
the Prohibition on the Operation and/or Establishment of
Medical Marijuana
Dispensaries.MOTION -
Cavecche SECOND -Murphy AYES -Smith, Murphy,
Cavecche, Dumitru, Bilodeau Moved that Urgency Ordinance No. 17-09 be read by title only and
same was approved and adopted
by the
CITY COUNCIL MINUTES September 22, 2009
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
12. RECESS TO CLOSED SESSION
The City Council recessed at 8:25 p.m. to a Closed Session for 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.13. ADJOURNMENT -The City Council adjourned at 9:30
p.m.There wasno 7:00 p.m. Session scheduled. The next Regular Council Meeting
is scheduled for October 13, 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 22, 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.MURPHY CA
LYN . CAVECC CITY
CLERK OR