HomeMy WebLinkAbout12-09-2008 Council MinutesAPPROVED BY THE COUNCIL ON JANUARY 13, 2009
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
December 9,2008
The
City Council of the City of Orange, California convened on December 9, 2008 at 4:30 p.
m. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange,California.
w
4:
30 P.M. SESSION 1.
OPENING 1.
1 INVOCATION Given
by Pastor Tim Klinkenberg, St. John's Lutheran 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 Presentation from the
National Junior Basketball League to the Community Foundation of Orange for
the Grijalva Park Gymnasium.2. PUBLIC COMMENTS -
None.
w Pa2:e 1
CITY COUNCIL MINUTES December 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 November 20 and 26, 2008.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting November 25, 2008 and Adjourned
Regular Meeting December 2, 2008. (C2500.D.4)
ACTION: Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 Submittal of Annual Financial Reports for Development Impact Fees.
C2500.J.1.0.2)
ACTION: Received and Filed.
AGREEMENTS
3.5 Professional Engineering Services for the Tustin Street and Meats Avenue Critical
Intersection Revisions (SP-3291). (A2100.0
Agr-5356)ACTION: Approved Agreement with Joseph C. Truxaw and Associates, Inc.
in an amount not to exceed $69,865 and authorized the Mayor and City Clerk to
execute
the Agreement.3.6 Mills Act Contract No. MAC-174.0-
08 (Historic Property Preservation Agreements) 144 South Waverly
Street. (A2100.0 Agr-5357)ACTION: Approved a Mills Act
Contract (Historic Property Preservation Agreement)between the City of Orange and the property
owner (Application No. MAC-174.0-08),for the preservation, restoration and/or
rehabilitation of a qualified historic property in exchange
for a
CITY COUNCIL MINUTES December 9,2008
3.
3.7
CONSENT CALENDAR (Continued)
Mills Act Contract No. MAC-181.0-08 (Historic
Property Preservation Agreements) 456 North Shaffer Street. (A2100.
0 Agr-5358)ACTION: Approved a Mills Act Contract (Historic
Property Preservation Agreement)between the City of Orange and the property owner (Application
No. MAC-181.0-08),for the preservation, restoration and/or rehabilitation of
a qualified historic property in exchange fora
reduced property tax assessment.w 3.8 Mills Act Contract No.
MAC-182.0-08 (Historic Property Preservation Agreements)
259 North Shaffer Street. (A2100.0 Agr-5359)ACTION: Approved
a Mills Act Contract (Historic Property Preservation Agreement)between the City of Orange
and the property owner (Application No. MAC-182.0-08),for the preservation,
restoration and/or rehabilitation of a qualified
historic property in exchange for a reduced property tax assessment.3.9 Renewal of
Agreement with Delta Dental Plan of California, Group 9482, effective January
1, 2009 through December 31,2009. (A21001O Agr-2937.B.3)ACTION:
Approved Amendment to the Agreement and authorized the
Mayor and City Clerk to execute on behalf of the City.3.10 Agreement for
purchase of easement for the Santiago Creek Bike Trail, Tustin to Collins segment, located at
1801 E. La Veta
Avenue from Robert S. and Jean A.Schrimmer. (A2100.0 Agr-5362)ACTION: Approved
the Agreement for the Purchase and Sale of Real Property for an easement
for the Santiago Creek Bike Trail, Tustin to Collins segment, located adjacent to l801 E. La Veta
Avenue in the amount of $38,
160;
and authorized the Mayor and City
Clerk to execute the agreement.APPROPRIATIONS REMOVED AND HEARD SEP ARATEL Y)3.11
Funding Request for
Fiscal Years 09 and 10 from Orange Public Library Foundation. (C2500.
I)Discussion - Councilmember Bilodeau questioned the timing of funding the
Library Foundation Executive Director position given the difficult financial times. Council discussed the
benefits of supporting this position in its efforts to heighten community involvement in the Library
and raise funds. It was decided to fund the position through this current
fiscal year and revisit next year's funding in six months.Mayor pro
tern Dumitru expressed concern that if the City assisted the Library Foundation
with funding,
CITY COUNCIL MINUTES December 9,2008
3. CONSENT CALENDAR (Continued)
MOTION - Bilodeau SECOND -
Murphy AYES - Smith,
Murphy, Cavecche, Bilodeau NOES - Dumitru ACTION:
Authorized the transfer
of $9,000 from 100-2001-410000 (Salaries &Benefits, Library
Administration) to 100-0000-426700 (Other Professional &
Consulting Services - Non Departmental) for the current year (FY 09) only;and
directed staffto return in six months to review the funding request for FY 09-10.
3.12 Appropriation of funds to departmental salary accounts to fund salary inequity
adjustments as contractually agreed upon for the City's four non-
safety bargaining units. (C2500.J.
4)ACTION: 1) Authorized the transfer of $180,772 from 100-
0000-410000 (Non-Departmental, Salaries & Benefits) to the various departments' salary
accounts to cover the General Fund portion of the inequity increases; and 2) Authorized
a total of 113,595 in appropriations from the unreserved fund balances
of the appropriate restricted funds to the
departments' salary accounts.3.13
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. Lance Bawkey
b. Marianne Bertoni c. Freedom Cycles,
Inc. (2 incidents)ACTION: Denied Claim(s) for damages and referred to City
Attorney
and Adjuster.CONTRACTS REMOVED AND HEARD
SEP ARATEL Y)3.14 Contract Change Order No.2 - Bid No. 078-38 Project
No. SP-3233; Cannon Street & Santiago Canyon Road Street
Improvements. (A2100.0 Agr-5270) __Discussion - City Engineer Frank Sun responded to questions
from Mayor pro tern Dumitru, detailing three options being considered with the School
District to address ....J concerns for the traffic problems at the Linda Vista Elementary
school - including a Stop Sign for Linda Vista, temporarily bagging the No Left Turn sign
to monitor traffic flow, and looking at bus parking
during certain
CITY COUNCIL MINUTES December 9,2008
3.CONSENT CALENDAR (Continued)
MOTION - Dumitru SECOND -
Cavecche AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau W ACTION: Approved
Contract
Change Order No.2 in the amount of $160,370.49 to HillcrestContracting for
the extra work.3.15 Final
Acceptance of Bid No. 089-02; Jewell Place and Maple Avenue Sewer Replacement Project (
CDBG) - L&S Construction, Inc. (No staff report required). (A2100.0
Agr-5323)ACTION: Accepted
public work improvements, authorize release of Great American Insurance Company
of Ohio, Bond No. 3602030 in the amount of $164,700.00 and authorized the
Mayor and City Clerk to execute the Notice of Completion.DONATIONS REMOVED
AND
HEARD SEP ARATEL Y)3.16
Donation of two surplus fire engines and associated equipment to Orange's Sister City, Queretaro,
Mexico. (C2500.H)Discussion - Mayor
pro ternDumitru suggested the possibility of selling these fire engines locally to
capture some revenue.Fire Chief Lewis
reported that the trucks being donated were no longer serviceable, and that the manufacturing
company was no longer in operation. He indicated a recent sale of a similar
vehicle netted approximately $5,000.MOTION - Dumitru SECOND -
Cavecche AYES - Smith,
Murphy, Cavecche, Dumitru,
Bilodeau ACTION: Directed staff to review options
in determining if there is a market value for the surplus fire engines, to capture
any potential revenue, and report back in February.3.17 RESOLUTIONS RESOLUTION NO. 10340 (
C2500.M.
16.
1)w A Resolution of the City
Council of the City of Orange approving Lot Line Adjustment No. LL 2008-05 adjusting lot
lines of certain real properties situated at 1042 and 1064 N. Cambridge Street in the
City of Orange, County of Orange, State of California.Owners: The Malmgren-Manzano Trust.
ACTION: Approved.Page 5
IT 1
r;.tl;;;:.-,;;:.",.:;-..,..,,-,,-.-
c----~-
CITY COUNCIL MINUTES December 9,2008
3. CONSENT CALENDAR (Continued)
MOTION - Murphy SECOND -
Smith AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Items 3.11,
3.14 and 3.l6 were removed and heard separately. All other items on the Consent Calendar were
approved as recommended.w END OF CONSENT
CALENDAR 4. REPORTS FROM
MAYOR CA VECCHE 4.1 Discussion
on Business License Ordinance.Discussion - Mayor Cavecche
asked for review of certain provisions of the business license ordinance. She cited a
recent event in which hired vendors for a one day event, were being required to obtain a
business license.City Attorney David DeBerry
explained that persons who fall into an incidental or occasional category and make less
than $600 at an event, could apply for an exemption to the requirement for a business license.
Finance Director Rich Jacobs
responded to questions from Council and explained that business licenses are paid based
on gross receipts; a business working with the City is not required to obtain a business license
until they make $2,000-the threshold requiring a contract with the City; and that
an event organizer pays the subcontractor a set fee for services, acknowledging that this is
a business expense; therefore, tax deductible. He also eXplained the work performed by staff
for business licensing services.Council discussed the
merits of the licensing requirements. Councilmember Bilodeau stated his opposition to
business licenses. Mayor Cavecche stated she had received complaints on the letter from the
City mandating the purchase of a license. She stated her opposition to restrictive provisions placed
on businesses, citing the one-time events and asked for additional information on
this issue. Councilmember Smith expressed her concern for a possible inequity in which
businesseslindividuals were receiving the letter. It was also requested that home-based and
direct-sales businesses possibly being exempted. .,..City
Manager John Sibley stated that a report would be brought back to the Council providing information
on all aspects of licensing requirements, and added that the revenue assists in the funding
of the police and fire services which attracts businesses to Orange. ..""Page
6
CITY COUNCIL MINUTES December 9,2008
4. REPORTS FROM MAYOR CA VECCHE (Continued)
MOTION - Cavecche SECOND -
Smith AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved to direct
staff
to review the Business License Ordinance for possible amendments,including those areas that
are restrictive, relate to home-based businesses and home-based sales, thresholds
for requiring a business license; and include information on letters sent out regarding l099
forms.5. REPORTS
FROM COUNCILMEMBERS - None.6. REPORTS FROM
BOARDS, COMMITTEES, AND COMMISSIONS Mayor Cavecche reported
a vacancy has occurred on the City Traffic Commission due to a Commissioner moving out
of the city.7. ADMINISTRATIVE REPORTS
7.1 Master
Agreement with Orange County Animal Care for Renewal of Animal Care Services. (A2100.0
Agr-5360)Discussion - Sr.
Assistant to City Manager Irma Hernandez gave the staff report.Council requested information
on costs; alternative shelters; the County's efforts to ensure cost effectiveness; issues of
public health and safety and the need for pick up of dead crows that carry West Nile
Virus, as well as wild animals. Councilmember Murphy stated his support for the County charging
either the person, or the City of origin, for services provided to animals that come in
from cities who do not contract with the County shelter.Council asked staff
to follow up with the County to ensure that the County charges non-member cities who
use the county facilities.MOTION - Cavecche SECOND -
Bilodeau
AYES - Smith, Murphy,
Cavecche, Dumitru, Bilodeau
Moved to approve agreement for animal control
services between the City of Orange and the County of Orange Animal Care and authorize
the Mayor and City Clerk to execute the agreement on behalf of the City.Page
7 J .~~po;l>>".~:t"""'"'''''''''O'
C'''''''''''''''''''''
CITY COUNCIL MINUTES December 9,2008
7. ADMINISTRATIVE REPORTS (Continued)
7.2 Report by David DeBerry, City Attorney - acquisition of real property by Eminent Domain. (
C2500.M.14) -..A request
was submitted to continue this item to January 13, 2009.RESOLUTION NO.
10344 A Resolution
of the City Council of the City of Orange Consenting to Children's Hospital of Orange County
Acquisition of Property by Eminent Domain of Certain Leasehold Interests in Real Property
Located at 1201 West La Veta Avenue in the City of Orange.MOTION - Cavecche
SECOND - Smith AYES -
Smith, Murphy, Cavecche,
Dumitru ABSTAIN - Bilodeau Moved to continue
to January 13,
2009.7.3 Report by David DeBerry,
City Attorney - status of Steve Ambriz Sports Park.C2500.M.4.23)NOTE: Councilmember Bilodeau
recused himselffrom discussion
on this item due to a potential conflict of interest; and left the
dais.Discussion - City Attorney David DeBerry gave a
report on the status of the park and the possibility of selling bonds to fund the park'
s construction.Mayor Cavecche asked for an additional report, including
information on when this property was filled, how it was monitored, what kind
of soil was used, a timeline, and when it was turned over to the City from the County.
Councilmember Murphy asked that a decision be made
as soon as possible on the viability of a bond sale for this park.7.4 Sale
and transfer of a City-
ownedsurplus property on State College Blvd. to the Orange Redevelopment Agency for redevelopment purposes. (A2100.
0 Agr-5361) ..,j See related Redevelopment Agency Minutes Item
No. 7.1)Discussion - Sr. Project Manager Lisa Kim
gave thestaff report, detailing the history and value of the parcel.Page 8
CITY COUNCIL MINUTES December 9,2008
7. ADMINISTRATIVE REPORTS (Continued)
RESOLUTION NO. 10342
A Resolution of the City Council of the City of Orange finding that certain city-owned
vacant parcel of real property consisting of approximately 29,380 square feet and generally located
at the northwest corner of State College Blvd. and Anaheim Way in the City of Orange is
surplus w to the City's needs and authorizing the sale thereof to the Orange Redevelopment Agency
for redevelopment
purposes.MOTION - Dumitru
SECOND - Bilodeau AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to
approve Resolution No. 10342.7.5
Report from the Economic Development Director regarding the Annual Report of the Orange
Redevelopment Agency for FY 07-08, and authorizing and directing its transmittal
to the Controller of the State of California. (R3500.0)See
related Redevelopment Agency Minutes Item No. 7.2)RESOLUTION
NO. 10341 A
Resolution of the City Council of the City of Orange approving the Annual Report of the Orange
Redevelopment Agency for Fiscal Year 2007-2008 and authorizing and directing its
transmittal to the Controller of the State of California
MOTION - Cavecche SECOND -
Smith AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau ACTION: Approved Resolution
No. 10341 8. REPORTS FROM
CITY MANAGER 8.1 Report
on status of City Auditor vacancy.City Manager John
Sibley reported he has authorized the Personnel Department to begin recruitment for a
part-time Auditor.W'8.
2
Report on City Council meeting schedule.Council directed
staff to proceed with the regular Council meeting schedule; as well as schedule any
Study Sessions at 7:00 p.m. following a 4:30 Council meeting.Page 9
1 If
CITY COUNCIL MINUTES December 9,2008
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 17-08 (SECOND READING) (A2500.0 Ord-
17-08 Parking)An Ordinance of the City Council of the City of Orangeamending Chapter 17.
34 of the Orange Municipal Code to modify the City's Off-Street
Parking and Loading
Requirements.MOTION - Murphy
SECOND - Bilodeau AYES - Smith, Murphy,
Bilodeau NOES - Cavecche, Dumitru
Moved that Ordinance No. 17-08 be read by title only and same was approved and adopted
by the preceding
vote.Mayor Cavecche stated that her reason for voting No was due to the off-
street parking requirements for a residence being remodeled to add a fifth bedroom being
too restrictive.10.
PUBLIC HEARINGS 10.1 ORDINANCE AMENDMENT - MEDICAL MARIJUANA
DISPENSARIES A2500.0 Ord-19-
08 Medical Marijuana)Time set for public hearing to consider an urgency measure extending the
prohibition of the operation and/or establishment of
medical marijuana dispensaries.Discussion - City Attorney David DeBerry gave a
brief report.THE MAYOR OPENED THE
PUBLIC HEARING.THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE
PUBLIC HEARING.ORDINANCE NO. 19-
08 (URGENCY ORDINANCE)An Urgency Measure of the City Council of the City of Orange extending
the prohibition on the operation and/or establishment of Medical
Marijuana Dispensaries.MOTION -
Bilodeau SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau ""'"Moved
Urgency Ordinance No. 18-08 be read by title only and same was approved and
adopted by the preceding vote.
Page 10
CITY COUNCIL MINUTES December 9,2008
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY.
12.
RECESS TO THE MEETING OF THE ORANGE INDUSTRIAL DEVELOPMENT
AUTHORITY.w
13.
RECESS TO CLOSED SESSION NOTE:
The Council did not recess.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 Session.14.
ADJOURNMENT The
Council adjourned at 6:30 p.m. There was no 7:00 p.m. Session.The
December 23, 2008 Council Meeting will be cancelled.The
next Regular Council Meeting is scheduled for Tuesday, January 13, 2009.Declaration
of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular
meeting of December 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.w
Page
11 J