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HomeMy WebLinkAbout12-08-2009 Council MinutesAPPROVED BY THE CITY COUNCIL ON JANUARY 12, 2010 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA December 8, 2009 The City Council of the City of Orange, California convened on December 8, 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 Bubba Lipscomb, First Southern Baptist Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Carolyn Cavecche 1.3 ROLL CALL PRESENT -Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT -None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation from YMCA Longhouse Chief -YMCA Indy 500 Challenge. Presentation from the Orange County Human Relations Commission. Presentation of Resolution to John Thompson upon his retirement. Presentation of Resolution to Freddie Mena upon his retirement. 2. PUBLIC COMMENTS Sue Miller -spoke on increased cost of fire inspections for family childcare service providers. Kathleen Patrick -spoke on increased cost of fire inspections for family childcare service providers. Bob Lake -spoke on medical marijuana issue. Marc Scepi, President of Healing OC -spoke on medical marijuana issue. Theresa Sears -commended the Police Department and TIP volunteer for actions during a recent accident on Santiago Canyon Road. CITY COUNCIL MINUTES 3. CONSENT CALENDAR December 8, 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 November 5 and 12, 2009 (continued from November 24, 2009); and November 19 and 25, 2009. ACTION: Approved. 3.2 Request approval of City Council Minutes, Regular Meeting November 24, 2009. C2500.D.4) ACTION: Approved. 3.3 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS ITEMS 3.4 - 3.14WERE REMOVED AND HEARD SEPARATELY)Discussion - Councilmember Bilodeau, with the concurrence of the Council, asked staff to look at an overview of the Mills Act Program and its effect on tax rolls, suggesting a possible moratorium on accepting future applications.MOTION -Bilodeau SECOND -Cavecche AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to approve the Mills Act Contracts -Items 3.4 - 3.14.3.4 Mills ActContract No. MAC-183.0-09 (Historic Property Preservation Agreements) 227 North Cleveland Street. (A2100.0Agr-5497) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner (Application No. MAC-183. 0-09),for the preservation, restoration andlor rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. CITY COUNCIL MINUTES December 8, ?009 3. CONSENT CALENDAR (Continued) 3.5 Mills Act Contract No. MAC-184.0-09 (Historic Property Preservation Agreements) 215 North Cambridge Street. (A2100. 0 Agr-5498)ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)between the City of Orange and the property owner (Application No. MAC-184.0-09),for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for areduced property tax assessment.3.6 Mills Act Contract No. MAC-185.0-09 (Historic PropertyPreservation Agreements) 156 South Waverly Street. (A2100.0 Agr-5499)ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)between the City of Orange and the property owner (Application No. MAC-185.0-09),for the preservation, restoration and/or rehabilitation of a qualified historicproperty in exchange for a reduced property tax assessment.3. 7 Mills Act Contract No. MAC-186.0- 09 (Historic Property Preservation Agreements) 503 South Prospect Street. (A2100. 0 Agr-5500)ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner (Application No. MAC-186. 0-09),for the preservation, restoration and/ orrehabilitation of a qualified historic property in exchange for a reduced property tax assessment.3.8 Mills Act Contract No. MAC-187.0-09 (Historic Property Preservation Agreements) 353 South Clark Street. (A2100.0 Agr-5501)ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)between the City of Orange and the property owner (Application No. MAC-187.0-09), for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment.3.9 Mills Act Contract No. MAC-188.0- 09 (Historic Property Preservation Agreements) 158 South Harwood Street. (A2100.0 Agr-5502) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)between the City of Orange and the property owner (Application No. MAC- CITY COUNCIL MINUTES December 8, 2UUy 3. CONSENT CALENDAR (Continued) 3.10 Mills Act Contract No. MAC-189.0-09 (Historic Property Preservation Agreements) 335 West PalmyraAvenue. (A2100. 0 Agr-5503)ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)between the City of Orange and the property owner (Application No. MAC-189.0-09),for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for areduced property tax assessment.3.11 Mills Act Contract No. MAC-190.0-09 (Historic Property Preservation Agreements) 436 South Orange Street. (A2100.0 Agr-5504)ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)between the City of Orange and the property owner (Application No. MAC-190.0-09),for the preservation, restoration and/or rehabilitation of a qualified historicproperty in exchange for a reduced property tax assessment.3. 12 Mills Act Contract No. MAC-191.0- 09 (Historic Property Preservation Agreements) 528 North Lemon Street. (A2100. 0 Agr-5505)ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner (Application No. MAC-191. 0-09),for the preservation, restoration and/ orrehabilitation of a qualified historic property in exchange for a reduced property tax assessment.3.13 Mills Act Contract No. MAC-192.0-09 (Historic Property Preservation Agreements) 227 East Maple Avenue. (A2100.0 Agr-5506)ACTION: Approved a MillsAct Contract (Historic Property Preservation Agreement)between the City of Orange and the property owner (Application No. MAC-192.0-09), for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment.3.14 Mills Act Contract No. MAC-193.0- 09 (Historic Property Preservation Agreements) 145 North Cleveland Street. (A2100.0 Agr-5507) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)between the City of Orange and the property owner (Application No. MAC- CITY COUNCIL MINUTES December 8, 2009 3. CONSENT CALENDAR (Continued) 3.15 Consultant Services Agreement with Bonterra Consulting for the Santiago Creek Bike Trail North Project (Capital Improvement Project No. 6103). A2100.0 Agr- 5513)ACTION: Approved the Consultant Services Agreement with Bonterra Consulting for biological services for the Santiago Creek Bike Trail North Project in an amount not to exceed $61,000; and authorized the Mayor and City Clerk to execute the agreement on behalf of the City.3.16 Amendment No. 1 to Consultant Services Agreement No. 3785 with Parkcenter Realty Advisors for real estate appraisal services. (A2100.0 Agr-3785. H.1)ACTION: Approved Amendment No. 1 to the existing Parkcenter Realty Advisors Consultant Services Agreement and increase the contract amount by $20,000. 00 and authorized the Mayor and City Clerk to execute the Amendment on behalf of the City.3.17 License Agreement between the City of Orange and Chapman University for use of EI Camino RealPark. (A2100. 0 Agr-5508)ACTION: Approved Agreement with Chapman University and authorized the Mayor and City Clerk to execute the agreement on behalf of the City; and accepted University's contribution for the Premier Field and appropriate the funds to:Account 550.7021.56015.10607 El Camino Real ParkRenovation $ 347,492.98 3.18 Amended and Restated License Agreement between City of Orange and Chapman University and Lutheran High School of Orange County for the use of Baseball Diamond No. 1 at Hart Park. (A2100. 0 Agr-3892.2)ACTION: Approved the amended and restated license agreement with Chapman University and Lutheran High School of Orange County and authorized the Mayor and City Clerk to execute the agreement on behalfof the City.3.19 Ball Field Maintenance and Adult Softball Program Services Agreement between the City of Orange and MajorLeague Softball Inc. ( A2100.0 Agr-3473.C)ACTION: Approved the Ball Field Maintenance and Program Services Agreement and authorized the Mayor and City Clerk to execute the agreement on behalf CITY COUNCIL MINUTES December 8, 2009 3. CONSENT CALENDAR (Continued) 3.20 Agreement between the City of Orange and Active Network for the Hosted Software License and Services of on-line class registration. (A2100.0 Agr-5509)Note: Councilmember Murphy abstained from voting on this item due to a potential conflict of interest related to employment.ACTION: Approved the Hosted Software License and Services Agreement with Active Network and authorized the Mayor and City Clerk to execute the agreement on behalf of theCity.3.21 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. Orange Redevelopment Agency ACTION: Denied Claim(s) for damages and referred to City Attorney andAdjuster.3.22 Award of Contract, Bid No. 090-14, 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, and Alley Sunningdale Circle. (A2100.0 Agr-5510)ACTION: Awarded acontract in the amount of $ 274,724 to All American Asphalt,Inc., Corona, California 92878 and authorized the Mayor and City Clerk to execute onbehalf of the City.RESOLUTIONS3.23 RESOLUTION NO. 10411 (54000.5.4)A Resolution of the City Council of the City of Orange Summarily Vacating a portion of Locust Avenue as excess Street Right of Way that is no longer needed for CITY COUNCIL MINUTES December 8, 2009 3. CONSENT CALENDAR (Continued) 3.24 RESOLUTION NO. 10413 (A2500.0) A Resolution of the City Council of the City of Orange amending City of Orange Landscape Standards and Specifications. ACTION: Approved. REMOVED AND HEARD SEPARATELI~ 3.25 RESOLUTION NO. 10417 (C2500.P) A Resolution of the City Council of the City of Orange expressing appreciation to John Thompson of the Water Division and commending him for more than thirty-one years of loyal and dedicated service.MOTION - Cavecche SECOND - Murphy AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Approved.REMOVED AND HEARD SEPARATELI~3.26 RESOLUTION NO. 10418 (C2500. P)A Resolution of the City Council of the City of Orange expressing appreciation to Freddie Mena of the Water Division and commending him for more than thirty-six years of loyal and dedicated service. MOTION -Cavecche SECOND -Murphy AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Approved.3.27 RESOLUTION NO. 10419 (54000. 5.4)A Resolution of the City Council of the City of Orange Summarily Vacating a portion of Chapman Avenue as excess Street Right of Way that is no longer needed for street purposes. ACTION: Approved. CITY COUNCIL MINUTES December 8, 2009 3. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELY) 3.28 RESOLUTION NO. 10420 A Resolution of the City Council of the City of Orange Approving an Acquisition Agreement for the City of Orange Community Facilities District No. 06-1 (Del Rio Public Improvements).NOTE: Staff requested this item be continued to January 12, 2010.MOTION - Cavecche SECOND - Murphy AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Continued to January 12, 2010.MOTION - Smith SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Items 3.4 - 3.14 wereremoved and heard separately. Items 3.25 and 3.26 wereremoved and heard separately. Councilmember Murphy abstained from voting on Item 3.20. Item3.28 wasremoved and heard separately and was continued to January 12,2010. All other items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR Page 8 CITY COUNCIL MINUTES December 8, 2009 4. REPORTS FROM MAYOR CAVECCHE -None 5. REPORTS FROM COUNCILMEMBERS -5. 1Councilmember Mark A. Murphy -Request to adopt Resolution No. 10421 requesting Governor Schwarzenegger immediately cancel the proposed sale of the Orange County Fairgrounds.Councilmember Murphy stated the County of Orange has requested support from cities on this issue. He noted the Fairgrounds is a resource that the county cannot afford to lose and should remain in the function and form it was intended.Speakin ig n Support of Resolution:Brian Lochrie, Faubel Public Affairs, representing the Orange County Fairgrounds Preservation Society Heidi Larkin-Reed, Executive Director, Chamber of Commerce Theresa Sears Laura Thomas RESOLUTION NO. 10421 A Resolution of the City Council of the City of Orange, California, requesting that Governor Schwarzenegger immediately cancel the sale of the Orange County Fairgrounds. MOTION - Murphy SECOND - Smith AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to approve Resolution No. 10421.Off Agenda Item -Councilmember Dumitru -asked the City Attorney to bring back a report on possibly providing tighter and more specific language on term limits.6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS -None Page 9 CITY COUNCIL MINUTES December 8, 2009 7. ADMINISTRATIVE REPORTS 7.1 Report from the Economic Development Director regarding the Annual Report of the Orange Redevelopment Agency for FY 08-09, and authorizing and directing its transmittal to the Controller of the State of California. (R3500. 0)See related Redevelopment Agency Minutes Item No. 7. 1.)RESOLUTION NO. 10416 A Resolution of the City Council of the City of Orange approving the Annual Report of the Orange Redevelopment Agency for Fiscal Year 2008-2009 and authorizing and directing its transmittal to the Controller of the State of California.MOTION - Cavecche SECOND - Smith AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to approve Resolution No. 10416. 7.2 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. (continued from November 10, 2009) (A2100.0 Agr-4864.1; 4863. 4)See related Redevelopment Agency Minutes Item No. 7. 3)Discussion -Community Development Director Alice Angus gave the staff report.Mayor pro tem Smith stated that she previously went on record as not in favor of increasing the funding of this contract, but will support the increase because she is in support of the parking structure and the Santa Fe Depot Specific Plan being completed.MOTION -Cavecche SECOND -Murphy AYES Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to: 1) Approve the First Amendment to the Cooperation Agreement between the City and Redevelopment Agency; 2) Approve the Fourth Amendment to the Consultant Services Agreement with the Arroyo Group in the amount of $168,450; and 3) Authorize the Mayor and City Clerk to execute all necessary documents on behalf of the City.Page 10 CITY COUNCIL MINUTES December 8, 2009 8. REPORTS FROM CITY MANAGER 8.1 Fiscal Year 09-10 Budget Update.Discussion -City Manager John Sibley gave a brief staff report.Council discussed the merits and impacts of expenditure reductions being proposed, including scaling back the rotation of street banners; possible use of redevelopment funds for the Miss Orange Pageant program; pursuit of funding for the Library's Summer Reading program with the Library Foundation, Friends of the Library, or private donors; review of redevelopment fund expenditures; use of in-house staff to perform fingerprinting and background checks and mandated harassment training; use of other funds in the event of a Municipal Code compliance safety issue; scaling back various events sponsored by the City; and withdrawing from the County division of the League of California Cities.Speaker: Heidi Larkin-Reed, Executive Director, Chamber of Commerce encouraged Council not to cut marketing dollars, and to continue to promote the City and draw businesses and tourists to visit Orange.Council asked for additional information on the following:reduction of Redevelopment Agency funds total budget for the Miss Orange Pageant Library Summer Reading Program and opportunities to find other funding State mandated training Withdrawing from the Orange County Division of the California League of Cities.Off Agenda Item -The City Manager clarified a recent article about discussions with the City of Villa Park regarding fire protection services. He noted the City of Orange is not pursuing negotiations at this time.9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 19- 09 (SECOND READING)A2500.0 Ord- 19-09 Land Use Entitlements)An Ordinance of the City Council of the City ofOrange Amending Section 17.08.060 of the Orange Municipal Code relating to extensions to Land Use Entitlements expiration dates. MOTION - Dumitru SECOND -Murphy AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 19-09 be read by title only an same was approved and adopted by CITY COUNCIL MINUTES December 8, ?009 9. LEGAL AFFAIRS (Continued) 9.2 ORDINANCE NO. 20-09 (SECOND READING) (A2500.0 Ord- 20-09 Sewer Connection Fees)An Ordinance of the City Council of the City of Orange AmendingSection 13.56. 090 of the Orange Municipal Code regulating Sewer Main Connection Fees. MOTION - Dumitru SECOND -Cavecche AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 20-09 be read by title only an same was approved and adopted by the preceding vote.10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO THE MEETING OF THE INDUSTRIAL DEVELOPMENT AUTHORITY 12. RECESS TO CLOSED SESSION The City Councilrecessed at 6:40 p.m. to a Closed Session for the following purposes:a. Conference with Legal Counsel -Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of California GovernmentCode Section 54956.9: One potential case 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 CITY COUNCIL MINUTES December 8, 2009 13. ADJOURNMENT -City Council adjourned at 7:15 p.m. There was no 7:00 p.m. Session. The December 22°d meeting is cancelled due to the holidays. The next Regular Council Meeting is scheduled for Tuesday, January 12, 2010 at 4:30 p.m. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of December 8, 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. l~ CITY CLERK Page 13