HomeMy WebLinkAbout09-09-2008 Council MinutesAPPROVED BY THE CITY COUNCIL ON SEPTEMBER 23, 2008
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING September 9, 2008
The City Council of the City of Orange, California convened on September 9, 2008 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 Bob Burris, Taft Avenue Community Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Carolyn V. Cavecche
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Announcement - lih
Annual Inner-Coastal Watershed Clean-up Day.2.
PUBLIC COMMENTS - None.Palle 1
CITY COUNCIL MINUTES September 9,2008
3. CONSENT CALENDAR
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 August 7 and 14, 2008.
ACTION: Approved.
3.2 Request approval of City Council Minutes, Regular Meeting dated August 26,
2008. (C2500.D.4)
ACTION: Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 Second Amendment to Agreement with Rengel + Co. Architects to approve
change orders that update the 3-D building renderings and incorporate
ceiling design modifications at the Grijalva Park at Santiago Creek Gymnasium
Sports Center. (A2100.0 Agr-
4904.2)ACTION: Approved the Second Amendment to Agreement No. 4904;
and Authorized the Mayor and City Clerk to execute the amendment on behalf of
the City.
CITY COUNCIL MINUTES September 9,2008
3. CONSENT CALENDAR (Continued)
BIDS
3.5 Approval of Plans and Specifications and Authorization to Advertise for Bids:
Bid No. 089-09; Data Center Emergency Power Project. (C2500.
M)ACTION: Approved plans and specifications and authorized advertising for the
Data Center Emergency Power
Project.3.6 Rejection of Bids - Bid No. 078-56; Mid-Size SUV for the
Fire Department.
C2500.H)ACTION: Rejected all Bids for Bid No. 078-056 for Mid-size
SUV
for the Fire Department.3.
7 CLAIMS (C3200.0)The following c1aim(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
c1aim(s) be denied.
a. Joshua G.
Booty b. Robert Swanson ACTION: Denied Claim(s) for damages and referred to
City
Attorney and Adjuster.CONTRACTS 3.8 Award of Contract; Bid No. 089-02; Jewell
Street and Maple Avenue Sewer
Improvements Project. (A2100.0 Agr-5323)RECOMMENDED ACTION: I) Appropriated $
73,000 from the CDBG Contingency account 310-9645-
491300-1070 to 310-9645-483300-5506 for the construction costs of the Jewell
and Maple Sewer Improvements; and 2) Awarded the contract to L & S Construction in the
amount of $164,700 and authorized
the Mayor
CITY COUNCIL MINUTES September 9,2008
3. CONSENT CALENDAR (Continued)
3.9 Award of Contract; Bid No. 078-54; Purchase of two Caterpillar Backhoe
Loaders and one Caterpillar Skip Loader. (C2500.
M)ACTION: 1) Awarded contract to Quinn Company in the amount of $280,904.25
and authorize the Mayor and City Clerk to execute on behalf of the City; and 2)
Authorized the City Manager to surplus the replaced backhoes and skip
loader.3.10 Final Acceptance of Bid No. 078-59; Annual Slurry Seal at Various
Locations, FY 2007-08 - Pavement Coatings Company (No staff
report required).A2100.
0 Agr-5291)ACTION: Accepted public work improvements, authorized release
of First National Insurance Company of America of Washington Bond No. 6481032 in
the amount of 509,932.00 and authorized the Mayor and City Clerk to execute
the
Notice of Completion.3.11 Final Acceptance of Bid No. 078-23; Main
Library & History Center Site Improvements (No staff report
required). (A2100.0 Agr-5184)ACTION: Accepted public work
improvements, authorized release of Developers Surety and Indemnity Company Bond No. 733636P in the amount
of $47,125.00 and authorized the Mayor and City Clerk to
execute the Notice of Completion.3.12 Contract Change Order No.1 and Final; Bid
No. 078-59; Fiscal Year 2007-08 Phase II Annual Street Maintenance
Program - Slurry Seal
at Various Locations.A2100.0 Agr-5291)ACTION: Approved Contract Change Order No.
I and Final III the amount of
70,
267.50 to Pavement Coatings Company.RESOLUTIONS 3.13 RESOLUTION NO. 10284 (
Continued from August 26, 2008) (A2500.0)A Resolution of the City Council of the
City of Orange updating fees for the Transportation Systems Improvement
Program and amending and revising the Master Schedule of Fees and Charges asauthorized
by Orange Municipal Code
Chapter 3.10 pertaining to said fees.NOTE: Councilmember Bilodeau
recorded an
abstention vote
CITY COUNCIL MINUTES September 9,2008
3. CONSENT CALENDAR (Continued)
VOTING DELEGATE
REMOVED AND HEARD SEP ARATEL Y)
3.14 League of California Cities Annual Conference Resolutions. (ORI800.0.12)
Discussion - Mayor pro tern Dumitru confirmed with staff that no travel expenses would
be incurred with Councilmember Bilodeau's attendance at this Conference; and if
necessary, staff could bring back additional information, at the September 23rd Council
meeting, on the Resolutions to be considered.MOTION -
Dumitru SECOND - Cavecche
AYES - Smith, Murphy,
Cavecche, Dumitru, Bilodeau ACTION: Authorized Councilmember Denis
Bilodeau to vote on each Policy Resolution that goes to
the League of California Cities General Assembly at the 2008 Annual Conference.MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy,
Cavecche, Dumitru, Bilodeau
Councilmember Bilodeau recorded an abstention vote on
Item 3.13. Item 3.14 was removed and heard separately. All other items
on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 4.
REPORTS FROM
MAYOR CA VECCHE - None.
Page 5
CITY COUNCIL MINUTES September 9,2008
5. REPORTS FROM COUNCILMEMBERS
Off- Agenda Items -Councilmember
Bilodeau asked staff to bring back a report on the possibility of allowing one-time
adjustments on water bills for extreme circumstances.Mayor
pro tern Dumitru asked staff to provide a memo to Council on the status of the implementation
of the EMS system.6.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.7. ADMINISTRATIVE
REPORTS 7.1
Report on Request for Proposals (RFP) for Integrated Solid Waste Management Services. (Continued
from August 26, 2008) (C2500.M.l)Discussion - Council
discussed variousaspects of the RFP:Requiring replacement of
old equipment, e.g. roll-off bins, carts, etc.Requiring vehicles
to be compliant with clean air standards Modification of
RFP requiring an increase of fees to consultant Incentives to
encourage higher diversion rates RFP process
being open and competitive HF&H
Consultants indicated that the consultant's contract contingency would cover the changes being
proposed to the draft RFP.Councilmember Smith
stated she was not in favor of separating the residential and commercial hauling contract.
She indicated that only four cities in Orange County have separate services and that
it led to a more complex contract administration process. She added that separating the contract
would delay the bidding process and be more expensive.Mayor pro
tern Dumitru requested information on both a combined and separate residential and commercial contracts
and stated his support for a competitive process, indicating his support for Option
2 as presented in the report, which allows for a possible bifurcated Residential and Commercial Franchise.
Mayor Cavecche
stated her support for open competitive bidding, noting that the contract would require
an Enterprise Account and that the business community and the Chamber of Commerce must
be able to provide feedback to the City. She added her support for a possible bifurcated Residential
and Commercial franchise.Page 6
CITY COUNCIL MINUTES September 9,2008
7. ADMINISTRATIVE REPORTS (Continued)
Councilmember Murphy supported the establishment of the Enterprise Account. He stated that
30 cities in Orange County have one combined residential and commercial waste hauling
contract. He stated support for option 1 as presented in the report, which allows for a
combined Residential and Commercial Franchise.
Councilmember Bilodeau stated that feedback from the business community and the Chamber
be considered for an open competitive bidding process. He indicated support for the bifurcated
proposal.
HF &H Consultants stated that it would take 60 days to amend the RFP for consideration by
Council.
Mayor Cavecche stated the need to define residential and multi-family terms and
her preference not to require clean air quality vehicles, but to allow the bidding companies
to propose their vehicle types to allow for innovation in addressing clean air
standards.Mayor Cavecche commended the Public Works staff on their
work.MOTION - Bilodeau
SECOND - Cavecche AYES -
Cavecche, Dumitru, Bilodeau NOES - Smith,
Murphy Moved to modify
the RFP to direct proposers to submit a proposal for residential collection,commercial collection or
both, allowing for a possible bifurcated Residential and Commercial Franchise; to return
the RFP to Council within 60 days for further review.8. REPORTS FROM
CITY MANAGER - None.9. LEGAL AFFAIRS 9.
1 ORDINANCE NO.
11-08 (SECOND READING) (A2500.0 Family, Definition)An Ordinance of
the City Council of the City of Orange amending Section 17.04.025 of Orange Municipal Code
Relating to the Definition of Family.MOTION - Dumitru SECOND -
Murphy AYES - Smith,
Murphy, Cavecche, Dumitru,
Bilodeau Moved that Ordinance No. 11-08
be read by title only and same was approved and adopted by the preceding vote.Page 7
CITY COUNCIL MINUTES September 9,2008
9. LEGAL AFFAIRS (Continued)
9.2 ORDINANCE NO. 14-08 (SECOND READING) (C2300.E
GPA-2007-0004)An Ordinance of the City Council of the City of Orange approving
the reclassification of approximately 2.1 acres of property from M-l (Light
Manufacturing) to R-3 (Multiple-Family Residential)
located at 1120
North Lemon Street.Zone Change 1247-07 Applicant: Orange Housing
Development Corporation and
C&C Development
Corporation MOTION - Murphy SECOND - Smith AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 14-08 be read by title only and same
was approved and
adopted by the preceding vote.9.3 ORDINANCE NO. 15-08 (
SECOND READING) (C2300.E GP A-2006-0001)An Ordinance of the City Council of
the City of Orange approving the reclassification of approximately 45.7 acres of
property from Rl-40 (Single-Family Residential) to
PI (Public Institution)
located at 7845 East Santiago Canyon
Road.Zone Change
1244-06 Applicant:
Roman Catholic Diocese of Orange MOTION -
Dumitru SECOND - Murphy
AYES - Murphy, Cavecche, Dumitru, Bilodeau ABSTAIN - Smith NOTE: Councilmember Smith abstained
due to a conflict with her employment.Moved that Ordinance No. 15-08 be read by title
only and same
was approved
CITY COUNCIL MINUTES September 9, 2008
9. LEGAL AFFAIRS (Continued)
9.4 ORDINANCE NO. 16-08 (SECOND READING) (A2500.0 Ord-
16-08
Registered Sex Offenders)An Ordinance of the City Council of the City of Orange amending Title 9
of the Orange Municipal Code by adding Chapter 9.10 regulating
Registered Sex Offenders.
MOTION - Dumitru SECOND -
Cavecche AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 16-08 be read by title only and same was approved and adopted
by the preceding
vote.10. PLANNING AND
ENVIRONMENT 10.1 Administrative Report on Current Regulations and the Use of Artificial Turf
in the City of Orange. (C2500.G.2.
0)Discussion - Community Development Department Assistant Director, Ed Knight gave the
staff report, reviewing various options available to the Council.
Councilmember Bilodeau warned that, as a boardmember on the Orange County Water
District, if the drought continues, water rationing will be required and for that reason he
favored artificial turf.
Councilmember Smith did not support its use in the Old Towne Historic District, and stated her
preference for drought tolerant landscaping in front yards.
A question arose as to how landscaping and artificial turf would affect historic structures.
MOTION - Cavecche SECOND -
Murphy AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved to direct
staff to prepare necessary amendments to the Zoning Code to allow for artificial turf; to
be brought back through the hearing process.Page 9
CITY COUNCIL MINUTES September 9,2008
11. PUBLIC HEARINGS
11.1 ORDINANCE AMENDMENT - OFF-STREET PARKING AND LOADING
REQUIREMENTS. (A2500.0 Ord-17-
08 Parking)Time set for public hearing to consider an ordinance amending Chapter 17.34 of
the Orange Municipal Code modifying the City's Off-Street Parking
and Loading requirements.Discussion - Community Development Department Principal Planner, Anna
Pehoushek gave the
staff report.Councilmember Bilodeau stated that the City's parking standards are inadequate
and compared them to
other cities.Council discussed options of increasing required parking spaces based on rooms
or square footage, and that the City's current policy is that tandem parking does not count
towards the parking requirement; as well as the need to address parking for day care and
other temporary events at churches. It was further clarified that the City requires extra parking when
homes are remodeled to add
extra bedrooms.Mayor Cavecche asked for information on why additional parking would be required
for a remodeled home, as this may be impossible on
some houses.MAYOR CA VECCHE OPENED THE
PUBLIC HEARING.THERE BEING NO SPEAKERS, MAYOR CA VECCHE CLOSED THE
PUBLIC HEARING.MOTION -
Bilodeau SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved
to find the ordinance categorically exempt from the prOVISIOns of the California Environmental
Quality Act (CEQA) per State CEQA Guidelines Section 15305.ORDINANCE
NO. 17-08 (~IRST READING)
An Ordinance of the City Council of the City of Orange amending Chapter 17.34 of the
Orange Municipal Code to modify the City's Off-Street Parking and Loading
requirements.MOTION - Bilodeau
SECOND - Murphy AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that
Ordinance No. 17-08 be read by title only and same was set for second reading by the preceding
vote; with changes to the Apartments, Condominiums and PUD Section to reflect 2.4spaces
per unit for 3 or more bedrooms, and a minimum of .4 spaces per unit for guest parking.Page
10
CITY COUNCIL MINUTES September 9,2008
12. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
13. RECESS TO CLOSED SESSION
The City Council recessed at 6: 10 p.m. to a Closed Session for the following purposes:
a. Conference with labor Negotiator pursuant to government Code Section 54957.6:
City Negotiators: Personnel Director Steven Pham / Personnel Manager Mike Harary
Employee Organizations: Police Management
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.
14. ADJOURNMENT - The City Council adjourned at 6:50 p.m.There
was no 7:00 p.m. Session. The next Regular City Council meeting is scheduled for September
23,2008.Declaration
of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular
meeting of September 9, 2008 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.MURPHY
CITY
CLERK Page
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