HomeMy WebLinkAbout10-13-2009 Council MinutesAPPROVED BY THE CITY COUNCIL ON OCTOBER 27, 2009
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
October 13, 2009
The City Council of the City of Orange, California convened on October 13, 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 Phillip Sipes, St. John's Lutheran Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Jon Dumitru
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of
donation from the Friends of the Orange Public Library.The City
Council adjourned in memory of Bob Mickelson, former Councilmember,Planning Commissioner
and Development Services Director.2. PUBLIC
COMMENTS -Scott Campos, spoke on traffic concerns along Cannon Street.Pase
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
October 13, 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 Request Council confirmation of warrant registers dated September 17, 22, 23, 25, 30,
and October 1, 5, 6, 8, 2009.
ACTION: Approved.
3.2 Request approval of City Council Minutes, Regular Meeting September 22, 2009.
C2500.D.4)
ACTION: Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 Thirteenth Amendment to the Information Technology Services Agreement with
ACS, Inc. to extend the agreement for an additional 19 months. (A2100.0 Agr-
0978.C.13)
Note: Councilmember Murphy abstained on this item due to a potential employment
conflict.
ACTION: Approved the Thirteenth Amendment to the Information Technology
Services Agreement between the City of Orange and ACS Enterprise Solutions, Inc.
and authorized the Mayor and City Clerk to execute the agreement on behalf of the
City.
3.5 Second Amendment to Agreement with N. Harris Computer Corporation for
purchase of a new software module called M-Care, which provides Utility
Billing with electronic work orders. (A2100.0 Agr-
4345.2)Note: Councilmember Murphy abstained on this item due to a
potential
employment conflict.ACTION: Approved Second Amendment to Agreement with N.
Harris Computer Corporation, and authorized the Mayor and City Clerk to execute;
and appropriated 63,173 from Water Fund available fund balance into Account600.
1222.51420.
CITY COUNCIL MINUTES October 13, 2009
3. CONSENT CALENDAR (Continued)
APPROPRIATIONS
3.6 Request to accept into the City's revenue budget and to appropriate a $26,620.00
donation from the Friends of the Orange Public Library to purchase library
materials. (C2500.I)
ACTION: 1) Accepted into the City's revenue budget a $26,620.00 donation from the
Friends of the Orange Public Library, into Account No. 100.2001.48390.19990
Friends of the Library); and 2) Appropriated the Friends' donation to Account No.
100.2001.53301.19990 (Materials and Supplies).
3.7 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. Susan Buford
b. Thomas Franklin
c. Victoria Saenz
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.8 Contract Change Order No. 1 and Final -Bid No. 089-30; Industrial
Street Rehabilitation Project; Cypress Street, Lemon Street, Grove Avenue and
Emerson Avenue Street Improvements. (A2100.0
Agr-5439)ACTION: Approved Contract Change Order No. 1 in the amount of $141,954.
53to R.J. Noble Company, Inc., for the
extrawork.3.9 Contract Change Order No. 1 and Final; Bid No. 089-
35; Annual Pavement Maintenance Project at Various Locations, Fiscal Year 2008-
09. (
A2100.0 Agr-5426)ACTION: Approved Contract Change Order No. 1 and Final
in theamount of 48,387.77 to
R.J.
CITY COUNCIL MINUTES October 13, 2009
3. CONSENT CALENDAR (Continued)
3.10 Final Acceptance of Bid No. 089-20; Orange Senior Center Improvements
ProjectW.L. Butler Construction, Inc. (No staff report required). (A2100.0 Agr-
5407)ACTION: Accepted public work improvements, authorized release of
Safeco Insurance Company of America of Washington, Bond No. 6575853 in the amount
of 115,231.
00.3.11 Final Acceptance of Bid No. 089-41; Nohl Ranch Road
Sidewalk Improvements Project -Curb Specialist, Inc. dba Quality First Concrete (No
staff report reuired . (A2100.
0 Agr-5443)ACTION: Accepted public work improvements, authorize
release of American Contractors Indemnity Company of California, Bond No. 1000833694 in
the amountof
178,
998.25.EASEMENTS 3.12 Purchase of a permanent easement at 2811 E. Villa Real Drive for
the purpose of constructing the new Marywood Pump Station. (
A2100.0 Agr-5480)ACTION: Authorize the Mayor and City Clerk to execute
a Purchase Agreement and related documents concerning the purchase of an easement at 2811
E. Villa Real Drive,for the future site of the new Marywood Pump Station.
The purchaseprice
is
76,800.00.RESOLUTIONS 3.13 RESOLUTION
NO. 10407 (C2300.K)A Resolution of the City Council of the City of
Orange encouraging Voluntary Water Conservation by all City
of Orange
Water Customers.
CITY COUNCIL MINUTES October 13, 2009
3. CONSENT CALENDAR (Continued)
TRAFFIC
3.14 1) City Traffic Commission recommendation to amend Section 10.59.30 of
Chapter 10.59 of the Orange Municipal Code establishing No Pedestrian Crossing
Zone on Katella Avenue between Struck Avenue and the west City limits; and 2)
Alternatives to restrict pedestrian crossings. (54000.5.3.5)
ACTION: 1) Denied the City Traffic Commission Recommendation to implement a
No Pedestrian Crossing Zone prohibiting mid-block pedestrian crossings on
Katella Avenue between Struck Avenue and the west City Limits. (Upon
additional investigation, staff determined that a pedestrian crossing at Katella Avenue
between Struck Avenue and the west city limits would be in violation of CVC
21955 jaywalking) so there is no need to adopt an additional ordinance to prohibit
mid-block pedestrian crossings on this segment of Katella Avenue); and 2) Directed
staff to install NO PED CROSSING -USE
CROSSWALK signs.MOTION -
Dumitru SECOND -
Smith AYES -Smith, Murphy, Cavecche, Dumitru,
Bilodeau Councilmember Murphy recorded an abstention on Item 3.4 and 3.5. All items on
the Consent Calendar were approved as
recommended.END OF CONSENT
CALENDAR 4. REPORTS FROM MAYOR
CAVECCHE 4.1 Request report from City Attorney on Orange Municipal Code violations and
how they are processed (Civil v. Criminal). (C2500.
B)With Council concurrence, Mayor Cavecche requested a report back from the City Attorney
on how Orange Municipal Code violations are
processed.4.2 Consideration of appointment of Larry Sallinger to the City of Orange
Investment Advisory Committee. (OR1800.0.27.
13)MOTION -
Cavecche SECOND - Dumitru
AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to appoint Larry Sallinger to the City of Orange Investment Advisory Committee.
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CITY COUNCIL MINUTES October I3, 2009
4. REPORTS FROM MAYOR CAVECCHE (Continued)
4.3 Consideration of appointment of Patti vanVoorst and Marianne Hugo to the
Orange Public Library Board of Directors. (C2500.I.2)
MOTION -Cavecche
SECOND -Smith
AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to appoint Patti vanVoorst and Marianne Hugo to the City of Orange Investment
Advisory Committee.
5. REPORTS FROM COUNCILMEMBERS
Councilmember Dumitru requested a report back on a request from the Orange County
Sanitation District for deferral of fees, similar to the City's policy on deferral of development
fees.
Councilmember Dumitru requested a report from the City Attorney's Office on changes to the
Sex Offender Ordinance, to include posting houses on Halloween with Do Not Trick or Treat
at this House signs.
Councilmember Bilodeau requested quarterly updates on the city budget.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS -None.
7. ADMINISTRATIVE REPORTS -None.
8. REPORTS FROM CITY MANAGER -None.
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CITY COUNCIL MINUTES
9. LEGAL AFFAIRS
October 13, 2009
9.1 ORDINANCE N0.8-09 (FIRST READING) (Continued from September 22,
2009)An Ordinance of the City Council of the City of Orange Amending Chapter 9.39 of the
Orange Municipal Code Relating to Parties and Underage Drinking. (A2500.0 Ord-
08-09
Parties &Underage Drinking)Discussion -City Attorney David DeBerry gave the staff report. He summarized
the areas the proposed ordinance is addressing are: 1) more objective criteria in order for the
Police to issue citations in the field; 2) expanding the time period in which police response
costs can be recovered; and 3) ensuring landlord notification prior to holding them
liable for
violations.Speakers -General comments in favor of the proposed ordinance include -Chapman University is
in favor of the ordinance and wants to work with the City; Chapman needs to step up
efforts; support was voiced by several speakers for owners/landlords to be responsible; suggested
longer period of time between parties for City to recoup police response costs; agreement that owners
need to be notified as soon as possible; absentee landlords need to be responsible; Police
resources are being wasted having to respond repeatedly to same houses; proposed Ordinance
should be stronger; this is not a studentissue, it's a disregard for neighbors; current
ordinance is ineffective and this is a good first step; and behavior is the issue, not number
of guests.Comments in opposition to the proposed ordinance include -existing laws
can handle problems; Chapman University needs to step up efforts and be more responsible; can
be a violation of civil liberties to landlords; landlords should be notified as soon
as possible;problems with fine structure and retaliatory neighbors; need for student housing row;
lack of communication and respect between students and residents; and
discrimination
towards students.Suggested modifications to Ordinance -Notification process, including notification
to parents,changing designation of number of guests, curfew times during the week,
more responsibility put on tenants rather
than landlords;Harold Hewitt,
Chapman University Ken Ryan, representing
Chapman University
Joseph Mule Emily Osterberg, Apartment Assoc. of Orange County -concerned about landlord
rights and proposed definition of host; believing landlords would want to be notified
after
first occurrence.
Michael Chew
Robyn Class
Trevor Colon
Will Chambers
Dave Schaffer
Kathy Sorensen
CITY COUNCIL MINUTES
9. LEGAL AFFAIRS (Continued)
Ruth Raheb
Marianne Jordan-
Terry Bob
McCaffrey Marilyn
Silverstein Eric
Smith Sarah
Catalan Dan
Slater Michael
Foster Randy Burba, Chief of Public Safety, Chapman
University Dan Gleason, Garden Grove Drug Free Community Task
Force Robert
Graham Gregory
Barton Greg
Lillie Mark
Kreider October 13,
2009 In response to Council questions, Police Lt. Dave Hill reported a curfew applies to those
under 18 without lawful business in a public area between the hours of 10p.m. and 6 a.m. -there
is no curfew for those over 18; and the current ordinance dealing with loud parties is vague
and unenforceable, whereas the proposed ordinance gives more objective criteria that the
Police Department can use as a tool to address
problems.Police Chief Robert Gustafson reported the Police Department uses judgment and
discretion while enforcing laws, and that some minor violations are not always filed by the
District
Attorney.Responding to comments by the speakers and Council discussion, City Attorney
David DeBerry
reported:It is not feasible to base the number of people which constitutes a party on the size
of the family or to burden police officers with the task of determining how many
people live at a
residence;Under the proposal, tenants are held responsible for the first two offenses -the
landlord is notified after the third offense, and is required to take reasonable steps to
prevent future unlawful
parties;Standard lease language usually requires tenants to not disturb neighbors, and
thus gives landlords authority to hold their tenants responsible for this
conduct;Both the current and proposed ordinance will be effective citywide, and apply to
all organizations, rather than just in the Chapman University area, so as not to
be
discriminatory;The fine amounts take into consideration the court penalty assessments, the latter
of which are outside theCity's
control;Most cities, with or without universities, have this type of ordinance in
effect;Laws generally are drafted because of the misconduct of a few; that the majority
of people are
law-abiding.
CITY COUNCIL MINUTES October 13, 2009
9. LEGAL AFFAIRS (Continued)
Mayor Cavecche stated that Chapman University is a wonderful resource in the community,
but its popularity is driving the housing for students to the surrounding neighborhoods and
affecting the downtown area. She stated that Chapman University's administrators have a
responsibility to enforce the students' Code of Conduct but that the City also has a
responsibility to the community. She suggested removing a number which constitutes a party.
Mayor pro tem Smith stated this has become a public safety issue, which is a priority for her,
and that she is concerned about the many issues resulting from excessive drinking. She added
that the City's ordinance must be concrete and enforceable, noting that 28 houses in a half mile
area, identified as party houses, had over 400 police calls in the past three years and that this is
out of control.
Councilmember Bilodeau stated a meeting occurred with the Chapman Board of Directors to
encourage more dialogue with the students regarding this issue; that he was in support of
landlords being notified of activities at their residences as soon as possible but removing
criminal liability from landlords; and that he favored an incremental approach with a periodic
review.
Councilmember Murphy stated that the problem with not being able to enforce the existing
ordinance provisions requires some action be taken; that he supports notification to landlords,
and that the City must partner closer than ever with Chapman University on the issue.
Councilmember Dumitru referenced several other codes related to underage drinking which he
suggested be referenced in this proposed ordinance.
Council directed the City Attorney to bring back a revised Ordinance, to include language that
removes landlords from criminal liability, but keeps financial liability after a number of
citations; increases or removes the number of guests that constitutes a party; changes noticing
requirements to notify landlords earlier in the process; and includes language from the
Wagenarr Study.
In response to Council questions, Harold Hewitt, Chapman University, stated Chapman
University wishes to be accountable and will respond with reports and as much disclosure as
they can.
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CITY COUNCIL MINUTES October 13, 2009
9. LEGAL AFFAIRS (Continued)
9.2 ORDINANCE NO. 13-09 (SECOND READING) (A2500.0 Utility
Billing)An Ordinance of the City Council of the City of Orange Amending Sections 13.08.
010,13.08.060 and 13.16.080 of the Orange Municipal Code relating to Utility
Billing.MOTION -
Bilodeau SECOND - Dumitru
AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 13-09 be read by title only and same was approved and adopted
by the preceding
vote.10. PUBLIC
HEARINGS10.1 CONOCO PHILLIPS COMPANY, INC. -CONDITIONAL USE PERMIT
NO.2733-08. (C3300.
0 CUP-2733-08)Time set for public hearing to establish an Alcoholic Beverage Control
Type 20 (Off-Sale Beer and Wine) license in an existing mini-mart
supporting an existing automotive fueling station
located at 615 S. Tustin Street.
THE MAYOR OPENED THE PUBLIC HEARING.THERE BEING NO SPEAKERS,
THE MAYOR CLOSED THE PUBLIC HEARING.Mayor Cavecche stated that she is usually hesitant with ABC licenses
of this type, but she will vote for the license because the number of licenses in this
area is not at the maximum;however, this will put it at the limit for
what is advisable
for off-sale licenses.RESOLUTION NO. 10408 A Resolution of the City Council of the City
of Orange approving Conditional Use Permit No.2733-08 for a Type 20 (Off-Sale Beer
and Wine -Package Store) ABC License in an existing Mini-Mart on property
with an existing service station
at 615
South Tustin Street.
Applicant: CONOCO Phillips Company, Inc.MOTION -
Murphy SECOND - Dumitru AYES -Smith, Murphy,
Cavecche, Dumitru,
CITY COUNCIL MINUTES October 13, 2009
10. PUBLIC HEARINGS (Continued)
10.2 ORDINANCE AMENDMENT -SOBER LIVING FACILITIES (A2500.0 Ord-
07-09 Sober Living
Facilities)Time set for public hearing to consider an ordinance amendment relating to sober
living
facilities.THE MAYOR OPENED THE PUBLIC
HEARING.Speakers -spoke on safety concerns with a facility existing in their
neighborhood.Mayra
Gonzales Lydia
Gallagher Mayor Cavecche stated that their information would be given to the Police Department
and requested the City Manager follow up on their expressed
concerns.City Attorney David DeBerry stated that the Police Department's code enforcement division
is working on the facility in
question.THE MAYOR CLOSED THE PUBLIC
HEARING.ORDINANCE NO.7-09 (
FIRST READING)An Ordinance of the City Council of the City of Orange Amending Title 17 of
the Orange Municipal Code relating to Sober
Living Facilities.
MOTION -Bilodeau
SECOND -Cavecche AYES -Smith, Murphy, Cavecche,
Dumitru, Bilodeau Moved that Ordinance No. 7-09 be read by title only and same was set for
second reading by
the preceding vote.11. RECESS TO THE MEETING OF
THE
ORANGE REDEVELOPMENT
CITY COUNCIL MINUTES October 13, 2009
12. RECESS TO CLOSED SESSION
The City Council recessed at 8:55 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel -Anticipated Litigation-Initiation of litigation pursuant
to California Government Code Section 54956.9(
c).1) One potential
case.NOTE: Council did not discuss Item
b.b. Conference with Labor Negotiator pursuant to Government Code Section 54957.
6:City Negotiators: Human Resources/Employee Relations Director Steven Pham
and Assistant Human Resources Director Mike
Harary Employee Organizations: All Bargaining
Units 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
Session.13. ADJOURNMENT -The City Council adjourned at 9:40p.m. in memory of
Bob Mickelson, former Councilmember, Planning Commissioner and Development
Services
Director.The next Regular Council meeting is scheduled for October 27, 2009 at 4:30p.
m..Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of
a regular meeting of October 13, 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 CITY
CLERK Page