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Home My WebLink About11-24-2009 Council MinutesAPPROVED BY THE CITY COUNCIL ON DECEMBER 8, 2009 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA November 24, 2009 The City Council of the City of Orange, California convened on November 24, 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 Father Christopher Smith, Diocese of Orange at Marywood 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor pro tem Teresa Smith 1.3 ROLL CALL PRESENT -Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT -None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation from State Assemblyman Curt Hagman. Recognition of Employee Service. The City Council will adjourn in memory of City Employee Patrick Wilson. 2. PUBLIC COMMENTS -None. Page 1 CITY COUNCIL MINUTES 3. 3.1 3.2 3.3 3.4 3.5 CONSENT CALENDAR November 24, 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 November 5 and 12, 2009. Councilmember Dumitru cited issues with several warrants. ACTION: Continued to December 8, 2009. City Council Minutes, Regular Meeting November 10, 2009. (C2500.D.4) ACTION: Approved. Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. Receive and file the City Treasurer's Report, period ending October 31, 2009. C2500.F) ACTION: Approved. AGREEMENTS Professional Engineering Services for the design of the Santiago Creek Bike Trail North -Collins Avenue Undercrossing. (A2100.0 Agr- 5491)ACTION: Approved agreement with Merit Civil Engineers, Inc. in an amount not to exceed $99,660.00 and authorized the Mayor and City Clerk to execute the Agreement.Page CITY COUNCIL MINUTES November 24, 2009 3. CONSENT CALENDAR (Continued) AGREEMENTS (Continued) 3.6 Amendment No. 1 to Consultant Services Agreement No. 5368 with Bundy- Finkel Architects for additional engineering and construction support services for Fire Station No. 4 apparatus bay expansion and minor tenant improvements project.A2100.0 Agr- 5368.1)ACTION: Approved Amendment No. 1 to the existing Bundy-Finkel Architects Consultant Services Agreement and increased the contract amount byS 17, 960.00 and authorized the Mayor and City Clerk to execute on behalf ofthe City.3.7 Renewal of agreements with Delta Dental Plan of California Group 9482 Indemnity) and DeltaCare USA Group 05449- 0001 (Pre-Paid), effective January 1, 2010through December 31, 2010. (A2100.0Agr- 2937.B.4; 4590.B.2)ACTION: Approved Amendments to the Agreements and authorized the Mayor and City Clerk to executeon behalf of the City.3.8 Contract renewal with Vision Service Plan (VSP) for all City of Orange employees covered by group benefit programs effective January 1, 2010 through December 31, 2011. (A2100.0 Agr-4395.C)ACTION: Approved a two year contract with Vision Service Plan (VSP) for employee vision insurance coverage and authorized the Mayor and City Clerk to execute on behalf of the City.3.9 Traffic Signal Payment Agreement between the City and Chapman University related to payment by Chapman University for the cost of installation of a pedestrian/vehicular traffic signal and related improvements on the west sideof Palm Avenue railroad grade crossing. (A2100.0 Agr-5492)ACTION: I) Found and determined that the pedestrian/vehicular traffic signal is categorically exempt from the provisions of the California Environmental Quality Act because it is within that class of projects which consist of a minor alteration of existing streets, involving negligible or no expansion of use beyond that previously existing;and 2) Approved the Traffic Signal Payment Agreement and authorized the Mayor and City Clerk to CITY COUNCIL MINUTES November 24, 2009 3. CONSENT CALENDAR (Continued) 3.10 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. Jon Skarda b. Adela Martinez Tenorio c. Patricia Haneef ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.11 Final Acceptance of Metrolink Pedestrian Undercrossing CCTV System Work at Police Headquarters - JPLElectric. (No staff report required.) (A2100.0 Agr-5467) ACTION: Accepted public work improvements, authorized release of American Safety and Casualty Insurance Co., Bond No. 20-SUR-204257 in the amount of $37,086. 69 and authorized the Mayor and City Clerk to execute the Notice of Completion.3.12 Final Acceptance of Bid No. 089-13; Taft Avenue and Main Street Sidewalk Improvements - Belaire-West Landscape, Inc. (No staff report required.)A2100. 0 Agr-5398)ACTION: Accepted public work improvements, authorized release of Arch Insurance Company of Missouri, Bond No. SU1101304 in the amountof $582, 341.00 and authorized the Mayor and City Clerk to execute the Notice of Completion.3.13 Final Acceptance of Bid No. 090-01; Pixley Sewer Improvements CDBG Project -Ramona, Inc. (No staff report required.) ( A2100.0 Agr-5451 ACTION: Accepted public work improvements, authorized release of International Fidelity Insurance Company of New Jersey, Bond No. 0493773 intheamount of 90,500.00 and authorized the Mayor and City Clerk to execute the Notice CITY COUNCIL MINUTES November 24, 2009 3. CONSENT CALENDAR (Continued) RESOLUTIONS 3.14 RESOLUTION NO. 10414 (C2500.J.4) A Resolution of the City Council of the City of Orange Regarding the 2009 Christmas Holiday Closure. ACTION: Approved. 3.15 RESOLUTION NO. 10415 (A2100.0 Agr- 5493)A Resolution of the City Council of the City of Orange approving and authorizing the execution of a Cooperation and Reimbursement Agreement with the Orange Redevelopment Agency relating to reconfiguration of a portion of a public parking lot and an adjacent parking lot owned by Chapman University to accommodate Quiet Zone Improvements at the Palm Avenue Railroad Grade Crossing.See related Redevelopment Agency Minutes Item No. 3. 3.)ACTION: Approved.MOTION - Cavecche SECOND - Dumitru AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Item 3.1 was continued to December 8, 2009. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR Page 5 CITY COUNCIL MINUTES November 24, 2009 4. REPORTS FROM MAYOR CAVECCHE -None. 5. REPORTS FROM COUNCILMEMBERS -None. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Consideration of reappointment of Councilmember Bilodeau to the Orange County Vector Control District. (OR1800.0.3.20) MOTION -Dumitru SECOND -Cavecche AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to reappoint Councilmember Bilodeau to the Orange County Vector Control District for a four year term. 7. ADMINISTRATIVE REPORTS -None. 8. REPORTS FROM CITY MANAGER -None. 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 20-09 (FIRST READING) (A2500.0 Ord- 20-09 Sewer Connection Fees)City Attorney David DeBerry reported this will allow the City to defer collection of the city's sewer connection fees to final inspection or issuance of a certificate of occupancy.Councilmember Bilodeau thanked Councilmember Dumitru for bringing this forward, which will help the development community. ORDINANCE NO. 20-09 An Ordinance of the City Council of the City of OrangeAmending Section 13. 56.090 of the Orange Municipal Code Regulating Sewer Main Connection Fees. MOTION -Dumitru SECOND -Bilodeau AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 20-09 be read by title only and same was set for second reading by CITY COUNCIL MINUTES November 24, 2009 10. PUBLIC HEARINGS 10.1 ORDINANCE AMENDMENT -LAND USE ENTITLEMENTS EXTENSIONS A2500.0 Ord-19-09 Land Use Entitlements)Time set for public hearing to consider an ordinance amendment relating to extensions to land use entitlement expiration dates.Mayor pro tem Smith clarified with staff that notices were sent out to applicants with current projects; and that a deposit is paid to process an application for extension, with any money not spent returned to the applicant.MAYOR CAVECCHE OPENED THE PUBLIC HEARING.THERE BEING NO SPEAKERS, MAYOR CAVECCHE CLOSED THE PUBLIC HEARING. Council Action ORDINANCE NO. 19- 09 (FIRST READING)An Ordinance of the City Council of the City of OrangeamendingSection 17.08. Oo0 of the Orange Municipal Code relating to extensions to Land Use Entitlements expiration date ;.MOTION -Murphy SECOND - Dumitru AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 19-09 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 AGENCY 12. RECESS TO CLOSED SESSION NOTE: The City Council did not recess The City Council will recess to a Closed Session for the following purposes:a. 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 CITY COUNCIL MINUTES November 24, 2009 13. ADJOURNMENT -The City Council adjourned at 5:05 p.m. in memory of City employee Patrick Wilson. There was no 7:00 p.m. Session. The next Regular Council Meeting is scheduled for Tuesday, December 8, 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 24, 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/ cy c L M ~'P7R~'HY CITY CLERK c J a~rt~t-~i ~ CAR .CAVECCH A R Page 8