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Council Minutes 11/27/12APPROVED BY THE CITY COUNCIL ON DECEMBER 11, 2012 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA November 27, 2012 The City Council of the City of Orange, California convened on November 27, 2012 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 Reverend Jeannie Martz, Trinity Episcopal Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Jon Dumitru 1.3 ROLL CALL PRESENT - Whitaker, Smith, Cavecche, Bilodeau, Dumitru ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Recognition of Assemblyman Chris Norby Recognition of Orange County Supervisor Bill Campbell Presentation of Donation by Friends of the Orange Public Library to the City of Orange Presentation of Retirement Resolution to Sergeant Jeff Gray Recognition of Employee Service The City Council will adjourn in memory of Jean Hart Fairbairn, a Hart family member and lifelong Orange resident. Mayor Cavecche announced the Tree Lighting Ceremony and Candlelight Choir performance to be held on Sunday, December 2 nd at 3:30 p.m. in the Plaza. 2. PUBLIC COMMENTS - None Paize 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR November 27, 2012 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 Confirmation of warrant registers dated November 1, and November 8, 2012. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of November 13, 2012, and Adjourned Regular Meeting of October 23, 2012. (C2500.D) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.4 Investment Oversight Committee Report for period ending October 31, 2012. (OR1800.0.27.16) ACTION: Received and filed. 3.5 Submittal of Annual Financial Reports for Development Impact Fees. (C2500.J.1.0.2) ACTION: Received and filed. AGREEMENTS 3.6 Cooperative Agreement with the County of Orange for Funding and Construction of Lincoln Avenue. The City's share of the project cost is $280,000.00. (A2100.0 Agr -5933) ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. 3.7 Appropriation of Funds and Award of Agreement with Magnetic Electric, Inc. (A2100.0 Agr -5934) ACTION: 1) Appropriated $72,567.00 from unreserved Fund 511 to Account No. 511.7021.56015.20163 (Grijalva Park Area Light Pole Replacement); and 2) Approved agreement with Magnetic Electric, Inc. and authorized the Mayor and City Clerk to execute on behalf of the City. Page 2 CITY COUNCIL MINUTES November 27, 2012 3. CONSENT CALENDAR (Continued) 3.8 Amendment No. 1 to Cooperative Agreement with Orange County Transportation Authority, the Cities of Anaheim, Cypress, Garden Grove, Los Alamitos, Stanton, and Villa Park, the County of Orange, and Caltrans to extend the term of the agreement for the Katella Avenue Traffic Light Synchronization Program Project. (A2100.0 Agr- 5786.1) ACTION: Approved Amendment No. I and authorized the Mayor and City Clerk to execute on behalf of the City. BIDS 3.9 Bid No. 123 -10; Approval of plans and specifications, and request authorization to advertise for bids the Federal Highway Safety Improvement Program Project Tustin Street at Palm Avenue Left Turn Traffic Signal Modification. (S4000.0) ACTION: Approved plans and specifications, and authorized advertising for bids for the Intersection of Tustin Street and Palm Avenue Left Turn Traffic Signal Modification Project. 3.10 CLAIMS (C3200.0) 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 Application to Present a Late Claim and the following claim(s) be denied. Note: There was a clarification made to the Staff Report provided at the meeting. 1. Deny the following Application to Present a Late Claim: a. Young Hee Ahn 2. Deny the following Claims for Damages: b. Sam Adam C. Eric Hardy d. Kevin Cory Russell ACTION: Deny Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.11 Contract Change Order No. 1 and Final — Bid No. 112 -13; Community Development Block Grant (CDBG) Project — Americans with Disabilities Act (ADA) Wheelchair Access Ramps at Various Locations, Fiscal Year 2011 -12. (A2100.0 Agr -5883) Page 3 CITY COUNCIL MINUTES November 27, 2012 3. CONSENT CALENDAR (Continued) ACTION: 1) Approved Contract Change Order No. 1 and Final in the amount of $13,184.00 to Kalban, Inc. for the additional work; and 2) Approved the transfer of $10,000.00 from Account No. 310.9645.57130.11070 (CDBG Contingency Fund) to Account No. 310.9645.56330.11328 (ADA Improvements). RESOLUTIONS 3.12 RESOLUTION NO. 10688 (S4000.S.3.6) A Resolution of the City Council of the City of Orange to Confirm the Correct Use of the Street Name of South Manchester Avenue. ACTION: Approved 3.13 RESOLUTION NO. 10689 (C2500.D) A Resolution of the City Council of the City of Orange Expressing Appreciation to Mayor Carolyn V. Cavecche Commending her for her Twelve Years of Loyal and Dedicated Service to the Residents of Orange. ACTION: Approved 3.14 RESOLUTION NO. 10690 (C2500.D) A Resolution of the City Council of the City of Orange Expressing Appreciation to Councilmember Jon Dumitru Commending him for his Eight Years of Loyal and Dedicated Service to the Residents of Orange. ACTION: Approved 3.15 RESOLUTION NO. 10692 (C2500.H) A Resolution of the City Council of the City of Orange Expressing Appreciation to Fire Captain Charles A. Tuggle of the Orange City Fire Department for Twenty -Seven Years of Loyal and Dedicated Service. ACTION: Approved MOTION - Whitaker SECOND - Smith AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru All items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR Page 4 CITY COUNCIL MINUTES 4. REPORTS FROM MAYOR CAVECCHE - None 5. REPORTS FROM COUNCILMEMBERS - None November 27, 2012 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7. ADMINISTRATIVE REPORTS - None 8. REPORTS FROM CITY MANAGER 8.1 Quarterly Budget Report. Discussion — City Manager John Sibley provided Council with a report on the City's budget status, noting revenues are slightly above expenditures for first time since 2007 -08. He thanked the Council for their efforts over the past five years in getting to this point, recognizing the leadership provided by outgoing Mayor Cavecche, and support from outgoing Councilmember Dumitru in setting the foundation for a good plan for future Councils. ACTION: Received and filed. 9. LEGAL AFFAIRS 9.1 Parties — Notice of Disturbance. (A2500.0) Discussion — City Attorney Wayne Winthers explained the change to Sections 9.39.060 and 090 amending the time between the first and second responses from 72 hours to 10 days. He further described a third change, the requirement for a notice to the host of the party, is removed from Section 9.39.120. He added that the police will have the discretion to write either a notice or a citation. Mayor Cavecche noted that the second reading will be considered by a new Council, but that the changes to the Municipal Code were necessary to address loud and unruly parties occurring in the City. Page 5 CITY COUNCIL MINUTES November 27, 2012 9. LEGAL AFFAIRS (Continued) Councilmembers Smith and Whitaker agreed with the changes, noting that Chapman University administration also agrees. Mayor pro tem Bilodeau stated his concern was that the police will be able to issue a citation the first time out. He cautioned about over - reacting and stated his preference that the wording requiring the notice be left in Section 9.39.120. Councilmember Dumitru stated he opposed this change, citing the possibility of a neighbor using this to get revenge. ORDINANCE NO. 14 -12 (FIRST READING) An Ordinance of the City Council of the City of Orange Amending Chapter 9.39 of the Orange Municipal Code Relating to Parties and Underage Drinking. MOTION - Smith SECOND - Whitaker AYES - Whitaker, Smith, Cavecche NOES - Bilodeau, Dumitru Moved that Ordinance No. 14 -12 be read by title only, and same was set for second reading by the preceding vote. 10. PLANNING AND ENVIRONMENT 10.1 Follow up to the installation of the Neighborhood Parking Permit Program for Area `R', which was approved by the City Council on June 26, 2012. (S4000.S.3.1.2) Discussion — City Traffic Engineer Amir Farahani provided the staff report on the observations and follow -up study points related to implementing the program six months ago. He added that the County Parks Department has added 50 parking spaces in nearby Peters Canyon Park, with a plan to add an additional 200 parking spaces within the next two years. Councilmember Smith noted that 14 residents on Salinas Court had originally been in favor of the program, but have now signed a petition against it on their street. Speakers The following speakers spoke in favor of retaining the Neighborhood Parking Permit Program for Area "R ", but are opposed to allowing parking on Skylark Drive: William Burnett S. Narang Stephen Amendt Laura Buttice Diane Burch Joseph Carella Page 6 CITY COUNCIL MINUTES 10. PLANNING AND ENVIRONMENT (Continued) Arman Karakesis Sajeda Simjee Richard Blakeman John Ohanian J. Meyer Jennie Le Pat Delligatta Dilip Patel Cathy Delligatta Becky Burnett Kiem Dinh Mr. Frost Brooke Delligatta Brian Delligatta Ed Griganavicius Seunghee Woo November 27, 2012 The following speakers were in favor of the program, with the exception of Santa Maria Street: Shelly Aronson Ducker Brian Ducker The following speakers opposed the Neighborhood Parking Permit Program for Area "R ": Paul Reza Tara Groover Steve Stahovich Sandra Lewandowski Council discussed removing Skylark Place from further consideration for parking; the possibility of waiving the fees for the residents that want to be removed from Permit Area R; the fact that over time residents learn to manage living in a parking permit area; and the need for residents on Salinas Court and Santa Maria Street to obtain a consensus on whether to remain in the permit area. In addition, the Traffic Engineer is to meet with the residents to answer their questions, and the City Attorney is to look at the process for streets to be removed from a permit parking area. MOTION - Dumitru SECOND - Bilodeau AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru Moved to receive and file the report. 11. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE REDEVELOPMENT AGENCY Page 7 CITY COUNCIL MINUTES November 27, 2012 12. RECESS TO CLOSED SESSION The City Council recessed at 7:00 p.m. to a Closed Session for the following purposes: a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiators: Jeffrey Freedman, Special Counsel, Rick Otto, Assistant City Manager, Steven Pham, Human Resources /Employee Relations Director, and Mike Harary, Assistant Human Resources Director. Employee Organizations: Orange Fire Union, City of Orange Police Association, and City of Orange Police Management Association. 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. 13. ADJOURNMENT The City Council adjourned in memory of Jean Hart Fairbairn, a Hart family member and lifelong Orange resident. There was no 7:00 p.m. Session. The City Council adjourned at 7:40 p.m. to an Adjourned Regular Meeting on Tuesday, December 4, 2012 at 6:00 p.m. in the Council Chambers for the Oath of Office ceremony for newly elected officials. The next Regular City Council Meeting will be held on Tuesday, December 11, 2012, at 4:30 p.m. in the Council Chambers. Declaration of Chief Clerk, Robert Zornado, declaring posting of City Council agenda of a regular meeting of November 27, 2012 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. MA E. MURPHY ITY CLERK Page 8