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HomeMy WebLinkAbout11-10-2009 Council MinutesAPPROVED BY THE CITY COUNCIL ON NOVEMBER 24, 2009 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA November 10, 2009 The City Council of the City of Orange, California convened on November 10, 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 Monsignor Douglas Cook, Holy Family Cathedral 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Mark A. Murphy 1.3 ROLL CALL PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Mayor Cavecche announced the Pitcher Park Persimmon party on Sunday, November 15tH;and the Veterans Day Celebration on Wednesday, November l ltn The City Council will adjourn in memory of community member Betty Murrill.2. PUBLIC COMMENTS Mason Peoples, spoke on traffic safety concerns at Collins and California.Linda Lewis, Second Harvest Food Bank, spoke on the Scouting for Food Drive on Saturday, November 14.Page 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR November 10, 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 22, and 29, 2009. ACTION: Approved. 3.2 Request approval of City Council Minutes, Regular Meeting, October 27, 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 FY 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) for the purchase of a digital signage and messaging system for the Police Facility. 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 $30,420 in FY 2009 JAG funds,including the allocation of $2,737.80 administrative fee to the County;2) Appropriated the remaining $27,682.20 to Account 353.4011.55131.12264 ( Federal Grants-Equipment-2009 JAG) for the purchase of a digital signage and messaging system;3) Approved the purchase of the digital signage and messagingsystem from J.G.Comm Inc. in the amountof $ 66,531.11;4) Approved the cableinstallation from J.G. Comm Inc. in the amountof $ 3,639.75;5) Appropriated $50,000 from unreserved Federal Asset Forfeiture funds toAccount355.4011.55131.12264 (Federal Asset Forefeiture-Equipment- 2009 JAG) to finalize the purchase and for CITY COUNCIL MINUTES November 10, 2009 3. CONSENT CALENDAR (Continued) BIDS 3.5 Bid No. 090-15; Approval of plans and specifications, and request authorization to advertise for bids for construction of Fire Station No. 4 apparatus bay expansion and minor tenant improvements project. (C2500. H)ACTION: Approved plans and specifications and authorize advertising for bids for construction of Fire Station No. 4 apparatus bay expansion and minor tenant improvements project.3.6 Bid No. 090-13; Approval of plans and specifications, and request authorization to advertise for bids for construction of Sewer Line Replacement at Various Locations Project. (C2500. M.3)ACTION: Approved plans and specifications and authorize advertising for bids for Sewer Line Replacement at Various LocationsProject.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. Houston A. Williams, III ACTION: Denied Claim(s) for damages and refer to City Attorney and Adjuster.RESOLUTIONS 3.8 RESOLUTION NO. 10409 A Resolution of the City Council of the City of Orange finding that a portion of Almond Avenue is no longer needed by the public and ordering the vacation thereof and authorizing the sale thereof to the Council of Orange County Society of St. Vincent de Paul, a California non-profit public benefit corporation, or its nominee orassignee. 54000.5. 4)ACTION: Approved.MOTION - Murphy SECOND -Smith AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau All items on the Consent Calendar were approved as recommended.END OF CONSENT CITY COUNCIL MINUTES November 10, 2009 4. REPORTS FROM MAYOR CAVECCHE 5. REPORTS FROM COUNCILMEMBERS 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 7. ADMINISTRATIVE REPORTS 7.1 Report from City Attorney -City's process for enforcement of the Orange Municipal Code. (C2500.G.3) Discussion -Mayor Cavecche noted that currently, Municipal Code property violations can be considered criminal violations; and suggested that seemed extreme and would prefer that they be handled more administratively. She suggested the City Attorney provide more information to the Council on this matter to be heard at a later date. Mayor pro tem Smith agreed she would like to hear more information on this matter, while noting that it is reasonable to ask for a completion date on homeowner projects unless a waiver is requested. MOTION -Cavecche SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Received and Filed; and directed the City Attorney to provide information to the Council on a program to handle property violations with an administrative policy rather than a criminal policy.7. 2Report on the Purchase and Sale Agreement providing for the acquisition and transfer of a City-owned property to the Orange Redevelopment Agency for redevelopment purposes. (A2100.0 Agr- 5486)See related Redevelopment Agency Minutes Item No. 7. 2.)RESOLUTION NO. 10410 A Resolution of the City Council of the City of Orange authorizing the sale of that certain City-owned real property commonly known as the South Orange Street Parking Lot in the City of Orange to the Orange Redevelopment Agency for redevelopment purposes. MOTION -Smith SECOND -Murphy AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Moved to adopt Resolution No. 10410. CITY COUNCIL MINUTES November 10, 2009 7. ADMINISTRATIVE REPORTS (Continued) 7.3 Report on the appropriation of Energy Efficiency and Conservation Block Grant EECBG) funds. (C2500.E.4) Discussion -Irma Hernandez, Intergovernmental and Community Affairs Manager, provided a report,noting that if the funds are not appropriated, they return to the general funds allocated to the State. Mayor Cavecche asked for clarification on the proposed 18 month part time Intern position, as she did not want to see this position become permanent in the future; and did not want to set up a permanent energy office, as these are grant monies that expire at a certain date.Councilmember Murphy wanted to ensure there were measurable goals for these funds, so the city can see what return there is on the investment.Mayor pro tem Smith wanted to ensure there was evaluation criteria for these funds, and suggested the term Energy Conservation Services for the city's services.Councilmember Bilodeau stated his opposition to this portion of the funds associated with the Federal American Recovery and Reinvestment Act.Mayor pro tem Smith noted that while it may be controversial on how the money got here, it is fiscally responsible to use the money to be energy efficient and save the city money, noting also that energy conservation is going to be mandated and this will be a proactive approach to that mandate.Mayor Cavecche also noted her concerns on the original approval of the Stimulus Package funds, but these funds will save the city general fund dollars and could save private energy related jobs in the community.MOTION - Smith SECOND - Cavecche AYES - Smith, Murphy, Cavecche NOES - Dumitru, Bilodeau ACTION: Appropriated $ 1,358,500 fromrevenue in Fund 550.5011.45150.20016 (Revenue from Federal Agencies) to the following accounts:740,000 - 550.5011.56015.20011 (BuildingRetrofits)387,500 - 550. 7021.56015.20012 (Parks SportsLightingRetrofit)110,000 - 550.3001. 56015.20013 (FireStation SolarProject)100,000 - 550.5032.56015. 20014 (LED Yellow & Ped TrafficSignal)21,000 - 550.6031.50312.20015 ( EnergyOffice - p/t internposition)Page 5 CITY COUNCIL MINUTES November 10, 2009 7. ADMINISTRATIVE REPORTS (Continued) 7.4 Report on the Preferred Alternative for addressing parking demand in the vicinity of the Orange Transportation Center as a result of Metrolink ridership expansion. P2500.0.9) See related Redevelopment Agency Minutes Item No. 7.4) Council discussed various alternatives, noting there is an opportunity to put in parking now, rather than later; that additional parking could be added to this structure as long as the structure doesn't go too high; it is critical for the final design to fit into the neighborhood and follow the Old Towne Design Guidelines; that this is a preferred alternative and that the final details will be made over the next year; and that community outreach is important MOTION -Murphy SECOND -Smith AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: 1) Approved a Preferred Alternative for a parking structure located on Lemon Street between Chapman Avenue and Maple Avenue - toinclude up to a five level parking structure with height between 23 and 28 feet, and to include housing with between 22 and 27 units; 2) Approved a parking structure located at 505 W. Chapman Avenue; and 3) Directed staff to pursue funding assistance from OCTA for design and community outreach related to the parking structure projects.7. 5 Report on a First Amendment to Cooperation Agreement between the City and Redevelopment Agency to increase the Agency contribution to pay for costs associated with completion of the Santa Fe Depot Specific Plan Update; and approval of a Fourth Amendment to Agreement No. AGR 4863 with the Arroyo Group to expand the scope of work and budget of the Santa Fe Depot Specific Plan Update. (A2100.0 Agr-4864.1; 4863.4) See related Redevelopment Agency Minutes Item No. 7.5) NOTE: Staff requested this item be continued to no date certain. MOTION - Cavecche SECOND - Smith AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to continue to no date certain.Page 6 CITY COUNCIL MINUTES November 10, 2009 8. REPORTS FROM CITY MANAGER 8.1 Fiscal Year 09-10 Budget Update. (C2500.E. 4)City Manager John Sibley provided an update.Councilmember Bilodeau requested the City Manager bring back a report outlining potential City programs and activities that could be curtailed or cut, without affecting jobs, at the November 24th Council meeting.Mayor pro tem Smith noted her opposition to closing library branches.Mayor Cavecche requested the City continue to meet informally with City employee associations to brainstorm on ideas to reduce the city's budget.9. LEGAL AFFAIRS9.1 ORDINANCE NO. 8-09 (SECOND READING) (A2500.0 Ord-08- 09 Parties &Underage Drinking)An Ordinance of the City Council of the City ofOrange amending Chapter 9. 39 of the Orange Municipal Code Relating to Parties and Underage Drinking. MOTION -Cavecche SECOND -Smith AYES - Smith, Murphy, Cavecche, Bilodeau NOES - Dumitru Moved that Ordinance No. 8-09 be read by title only and same was approved and adopted by the preceding vote.10. RECESS TO THE MEETING OF THE ORANGE CITY COUNCIL MINUTES November 10, 2009 11. RECESS TO CLOSED SESSION NOTE: Council did not recess. The City Council will recess to a Closed Session for the following purposes: a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiators: City Manager John Sibley Human Resources Director Steven Pham Deputy City Manager Rick Otto 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 6:25 p.m. in memory of community member Betty Murrill. There was no 7:00 p.m. Session. The next Regular Council Meeting is scheduled for Tuesday, November 24, 2009 at 4:30 p.m. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of November 10, 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 meetinb; and available at the Civic Center City Clerk's Office. M URPHY CITY CLERK Page 8