The URL can be used to link to this page

Home My WebLink About10-27-2009 Council MinutesAPPROVED BY THE CITY COUNCIL ON NOVEMBER 10, 2009 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING October 27, 2009 The City Council of the City of Orange, California convened on October 27, 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 Rick Zeiger, Saddleback Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Denis Bilodeau 1.3 . ROLL CALL PRESENT -Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT -None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of donation from Orange Public Library Foundation to the City of Orange. Presentation of Mayor's Award to Dr. & Mrs. Michael Abdala for their generous donation to the Orange Public Library. Recognition to the City of Orange Finance Department and Orange Redevelopment Agency, recipients of the Certificate of Achievement Award for Excellence in Financial Reporting. Recognition to the City of Orange Purchasing Division, recipient of the Achievement of Excellence in Procurement Award. Recognition of Employee Service. 2. PUBLIC COMMENTS Carolyn O'Grady,. spoke on behalf of the South Sunrise Little League's use of the McPherson facility. Todd Spitzer, spoke in support of the South Sunrise Little League use of the McPherson facility, suggesting a dialogue between all parties involved. Page 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR October 27, 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 October 12 and 15, 2009. ACTION: Approved. 3.2 Request approval of City Council Minutes, Regular Meeting of October 13, 2009 and Study Session of October 13, 2009. (C2500.D.4) 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 September 30, 2009. C2500.F) ACTION: Approved. AGREEMENTS 3.5 Fourth Amendment to Consultant Services Agreement with Tetra Tech, Inc. for additional engineering/construction services for the construction of the Cannon Pump Station. (A2100.0 AGR-5004. 4)ACTION: Approved a Fourth Amendment to the Consultant Services Agreement with Tetra Tech in the amount of $10,900.00 and authorized the Mayor and City Clerk to execute on behalf of the City.Page CITY COUNCIL MINUTES October 27, 2009 3. CONSENT CALENDAR (Continued) 3.6 Agreement with the City of Santa Ana (Grant Administrator) to purchase communications equipment through a Public Safety Interoperability Communications Grant. (A2100.0 AGR- 5393)ACTION: Approved agreement and authorized the Mayor and City Clerk to execute on behalf of the City. APPROPRIATIONS 3.7 Request to accept $55,340.00 into the City's revenue budget from the City of Orange Public Library Foundation (OPLF) and to appropriate $5,340.00 for new children's library books. (C2500. I)ACTION: 1) Accepted into theCity's revenue budget a $50,000.00 donation from OPLF, into Revenue Account 100.2001.48390.19901 (Main Library Expansion Donation); 2) Accepted into theCity's revenue budget a $5,340.00 donation from OPLF,into Revenue Account 100.2001.48390.19322 (OPLF Donations); and 3) Appropriated the $5,340.00 OPLF donation to Account 100.2001.53301.19322 (Library Books). BIDS3.8 Bid No. 090-14; Approval of Plans and Specifications, and request Authorization to Advertise for Bids for construction of Community Development Block Grant Recovery (CDBG-R) FY 08-09 Street Rehabilitation and Reconstruction Projects:Alley Oak Street, Alley Wayfield Street, Alley Park Lane, Park Lane, Wayfield Street, Alley Park Central Avenue, andAlleySunningdale Circle. ( 54000.5.7)ACTION:1) Authorized staff to receive $356,861 toCDBG-R account 311.0000.45120 and appropriated $356,861 to the following CDBG-R accounts:CDBG-R Administration 5,003 311.9660.50101.11110 AlleyOakStreet Reconstruction 55,787 311.9660.56330.20002AlleyWayfield Reconstruction 42,061 311.9660.56330.20003 AlleyParkLane Reconstruction 51,359 311.9660.56330.20004ParkLane Overlay 58,332 311.9660.56330.20005WayfieldStreet Overlay 56,862 311.9660.56330.20006 Alley ParkCentralAvenue Overlay 51,802 311.9660.56330.20007 AlleySunningdaleCircle Reconstruction 35,655 311.9660.56330.20008 TOTAL 356,861 2) Approved plans and specifications and authorize advertising for bids for CDBG- R FY CITY COUNCIL MINUTES October 27, 2009 3. CONSENT CALENDAR (Continued) 3.9 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. Steven Fisher b. Leonardo Rodriguez through his Guardian Ad Litem Angelica DeRosas c. City of Santa Ana ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.10 Contract Change Order No. 1; Bid No. 089-13; Taft Avenue and Main Street Sidewalk Improvements. (A2100.0 AGR-5398)ACTION: Approved Contract Change Order No. 1 in the amountof $73,381. 89 to Belaire- West Landscape, Inc.GRANTS 3.11 Office of Traffic Safety (OTS) Sobriety Checkpoint Mini-Grant Program.A2100.0 Agr-5485)ACTION: Appropriated $33,051.72 from the General Fund into the Traffic Program for the OTSgrantas follows:100.4041.50221. 12252 Overtime-Safety $27,234.08 100.4041.50222. 12252 OvertimeMiscellaneous $ 3,867.44 100.4041.50311.12252Part- time andSeasonal Safety $ 1,949.96 PURCHASES 3.12 Award of Bid No. 090-06 to LN Curtis & Sons for the purchase of a portion of the Fire Pumper Equipment needed for the two recentlypurchasedFire Pumpers in the amount of $43,261. 84 and authorization for Purchasing Officer to purchase additional Fire Pumper Equipment from Allstar Fire Equipment and other vendors. (C2500.H)ACTION: 1) Authorized the purchase of Fire Pumper equipment from LNCurtis &Sons in the amount of $43,261. 84; and 2) Authorized the Purchasing Officer to dispense with the competitive bidding procedures and requirements of the Orange Municipal Code for the purchase of materials, supplies or equipment and purchase (i)additional components needed from the second lowest bidder, AllstarFire Equipment,in the amount of $46,506.72; and (ii) the balance of the equipment needed to outfit the two Fire Pumpers from whatever vendors the Purchasing Officer can find inan amount not CITY COUNCIL MINUTES October 27, 2009 3. CONSENT CALENDAR (Continued) 3.13 Repair and Installation of a Pump and Bearings for Well No. 9. (C2500.P.3) ACTION: 1) Transferred $50,000.00 from Account 600.8011.51232 (Electricity for Water) to Account 600.8011.51510 (Maintenance of Wells); and 2) Authorized the repair and installation of the pump and bearings by General Pump Company in the amount of $56,423.33. REPORTS 3.14 Presentation of the FY 09 Year-End Report of Work Plan Progress, Department Highlights and Status of Capital Improvement and Development Projects.C2500.E. 4)ACTION: Received and filed.MOTION - Murphy SECOND - Smith AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau All items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR CAVECCHE4.1 Consideration of reappointment of Linda Johnson and Pat Buttress to the Community Video Advisory Board. (OR1800.0. 28)MOTION - Murphy SECOND - Smith AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved reappointment of Linda Johnson and Pat Buttress to the Community Video Advisory Board, terms to expire June 30, 2011.5. REPORTS FROM COUNCILMEMBERS 5.1 Councilmember Bilodeau -Report on Vector Control activities in Orange.Councilmember Bilodeau provided a report on Vector Control activities in Orange.6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.Page CITY COUNCIL MINUTES October 27, 2009 7. ADMINISTRATIVE REPORTS Item added to Agenda 7.1 RESOLUTION NO. 10412 (A2100.0 Agr- 5484)A Resolution approving the form of and authorizing the execution and delivery of a Purchase and Sale Agreement and related documents with respect to the sale of the seller's Proposition lA receivable from the State; and directing and authorizing certain other actions in connection therewith.Discussion -Finance Director Rich Jacobs provided the staff report and confirmed that selling the receivable would give the city an opportunity to obtain a slightly higher interest rate for investment purposes.MOTION - Murphy SECOND - Smith AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that there is a need to take immediate action on this item and the need for action came to the attention of the City subsequent to posting of the agenda.MOTION - Bilodeau SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to approve Resolution No. 10412.8. REPORTS FROM CITY MANAGER 8. 1 Budget Report for the fiscal year ending June 30, 2009; Update on the Status of the Current Fiscal Year's Budget; and a Look Ahead to FY 11. (C2500.E.4)Discussion - City Manager John Sibley provided a staff report.Discussion ensued on the urgent need to begin addressing expenditures while revenues continue to remain low, the use of volunteers where possible, current agreements with employee organizations on deferral of raises, sales and property tax expectations, provision of services, the need for agendizing budget updates on a regular basis, and an encouragement to keep purchases in Orange to generate City tax revenues.MOTION - Dumitru SECOND - Cavecche AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to receive and file the report, and agendize a budget report for the November l Otn City Council meeting. Page 6 CITY COUNCIL MINUTES 9. LEGAL AFFAIRS October 27, 2009 9.1 ORDINANCE NO. 8-09 (FIRST READING) (A2500.0 ORD. 08- 09 Parties & Underage Drinking)An Ordinance of the City Council of the City of Orange amendingChapter 9.39 of the Orange Municipal Code Relating to Parties and Underage Drinking.Discussion -City Attorney David DeBerry gave the staff report. He explained the areas that the revised ordinance addresses: 1) references the Wagenarr Study on underage drinking; 2)eliminates the potential for landlord criminal liability; 3) adds a provision requiring notice to a landlord earlier in the process; 4) eliminates the number of persons it takes to constitute a party; and 4) requires issuance of a notice to the tenant before imposing criminal penalties against a tenant. He added that the Apartment Association of Orange County supported the changes, but requested the word "rented" be added to section9.39. OSO.B. beakers -Emily Osterberg, Apartment Association of Orange County Joseph Mule'Mark Kreider Trevor Colon Mr. DeBerry addressed the concerns of speakers noting that the important issue was whether party guests were engaged in unlawful conduct rather than the particular number of guests at a party; that the Police Department uses the most effective tool in dealing with a situation; and that although there is a point where tenant criminal liability could kick in, the intent is to recover police response costs.Council discussed Chapman University's role in addressing this issue and the hope that they change from a peer review to an administrative review process; the need for a Community Liaison Officer at Chapman University; the provisions of noticing the tenants and the property owners of unlawful behavior at a party; the time frame between parties which generate police calls; noise standards and the measuring of noise; fact that the consideration of this change to the municipal code seems to already have had an effect on parties; the ordinance being enforced citywide; and the Police Department's ability to make an assessment whether a call is malicious in nature.Mayor pro tem Smith suggested a 10 day period between parties, instead of the proposed 72, in order to curtail weekly serial parties.Councilmember Dumitru expressed concern about unfounded complaints or malicious callers;that there are already laws in place that cover many of these activities; and did not want to duplicate something that is not currently being enforced. He agreed with the enforcement of underage drinking, but was concerned with the other aspects of this ordinance.Mr. DeBerry explained that unlike current state laws, this ordinance can make the party host responsible for the conduct of party goers, and if a law is in the Orange Municipal Code, the enforcement action lies with the City Attorney's Office.Page CITY COUNCIL MINUTES October 27, 2009 9. LEGAL AFFAIRS (Continued) MOTION -Cavecche SECOND -Smith AYES -Smith, Cavecche NOES -Murphy, Dumitru, Bilodeau Moved that Ordinance 8-09 be read by title only and same was set for second reading; with the addition of the word "rented" in Section9.39.OSO.B; and that 72 hours in Section 9.39.060 be replaced with 10 days.MOTION FAILED MOTION - Cavecche SECOND - Smith AYES -Smith, Murphy, Cavecche, Bilodeau NOES - Dumitru Moved that Ordinance 8-09 be read by title only and same was set for second reading; with the addition of the word "rented" in Section 9.39.OSO. B MOTION PASSES9.2 ORDINANCE NO. 18-09 (URGENCY ORDINANCE) (A2500.0 ORD. 18- 09 Massage Establishments)An Urgency Measure of the City Council of the City of Orange prohibiting the operation of new massage establishments.MOTION - Cavecche SECOND -Smith AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Urgency Ordinance No. 18-09 be read by title only and the same was approved and adopted bythe preceding vote.9.3 ORDINANCE NO. 7-09 (SECOND READING) ( A2500.0 ORD. 07-09 Sober Living Facilities)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 - Cavecche SECOND - Smith AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 7-09 be read by title only and the same was approved and adopted by CITY COUNCIL MINUTES October 27, 2009 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 1 L RECESS TO CLOSED SESSION The City Council recessed at 7:05 p.m. to a Closed Session for the following purposes: a. 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 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. 12. ADJOURNMENT The City Council adjourned at 7:30 p.m. There was no 7:00 p.m. Session. The next Regular Council Meeting is scheduled for Tuesday, November 10, 2009 at 4:30 p.m. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of October 27, 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. Page 9