Council Minutes 11/13/12APPROVED BY THE CITY COUNCIL ON NOVEMBER 27, 2012
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
November 13, 2012
The City Council of the City of Orange, California convened on November 13, 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 Senior Pastor Tom Copple, Spirit & Truth Worship Center
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Fred Whitaker
1.3 ROLL CALL
PRESENT - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation by Assemblyman Curt Hagman
Presentation of Retirement Resolution to Carol Ellwood
2. PUBLIC COMMENTS - None
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
November 13, 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.
3A. CITY CONSENT CALENDAR
3.1 Confirmation of warrant registers dated October 18, and October 25, 2012.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of October 23, 2012. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 City Treasurer's Report for the Months of July, August, and September, 2012.
(C2500.F)
ACTION: Received and filed.
AGREEMENTS
3.5 Agreement with Orange County Transportation Authority for the Jamboree
Rehabilitation Project. (A2100.0 Agr -5928)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
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CITY COUNCIL MINUTES November 13, 2012
3. CONSENT CALENDAR (Continued)
APPROPRIATIONS
3.6 Appropriation of Donation from the Friends of the Orange Public Library
(FOPL). (C2500.I)
ACTION: 1) Accepted a $31,250.00 donation from FOPL into the City's Revenue
Account No. 100.2001.48390.19990; and 2) Appropriated and distribute donation to the
following accounts:
100.2001.53301.19990 [FOPL- Donations (Library Books)] $25,050
100.2017.53340.19990 [FOPL- Donations (Craft Supplies - Children's & Teens)] 4,500
100.2016.53340.19990 [FOPL- Donations (Craft Supplies -Adult & Branches)] 500
100.2001.53011.19990 [FOPL- Donations (General Office Supplies)] 1,200
$31,250
BIDS
3.7 Bid No. 123 -15; Upper Serrano Pump Station Paving and Fencing Project.
Approval of plans and specifications and authorization to advertise for bids.
(C2500.M)
ACTION: Approved plans and specifications and authorized advertising for bids for
the Upper Serrano Pump Station Paving and Fencing Project.
3.8 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 claim(s) be
denied.
a. Julian Pena
b. Dan Baker
C. Christina Silvester
d. Richard Quezada
e. Katie and Doug Cicotte
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.9 Award of Contract — Bid No. 123 -03; Annual Pipeline Renewal Project to John T.
Malloy, Inc., in the amount of $1,257,836.00. (A2100.0 Agr -5929)
ACTION: 1) Accepted Williams Pipeline Contractors, Inc.'s request to withdraw its
bid; and 2) Awarded the contract to the second low bidder and authorize the Mayor and
the City Clerk to execute on behalf of the City.
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CITY COUNCIL MINUTES November 13, 2012
3. CONSENT CALENDAR (Continued)
3.10 Award of Contract — Bid No. 123 -11; Mechanical Services and Preventive
Maintenance for Heating, Ventilation, and Air Conditioning Equipment (HVAC)
at Various City Buildings to Integrity Automated Solutions, in the amount of
$63,252.00. (A2100.0 Agr -5930)
ACTION: Awarded the contract and authorized the Mayor and City Clerk to execute
on behalf of the City.
3.11 Final Acceptance of Bid No. 112 -19; Sewer Line Replacement at Various
Locations, FY 2011 -12 performed by SND Construction, Inc.; and Authorization
to file the Notice of Completion with County Recorder. (No staff report required
(A2100.0 Agr -5884)
ACTION: Accepted public work improvements, authorized release of Hartford Fire
Insurance Company of Connecticut, Bond No. 72BCSFZ2754, in the amount of
$452,200 to the contractor on said job, and authorized the Mayor and City Clerk to
execute the Notice of Completion.
3.12 Final Acceptance of Bid No. 112 -20; Alley and Street Improvements: Compton
Avenue Neighborhood, Tularosa Avenue Neighborhood, Highland Street
Neighborhood and Hewes Street Alley, FY 2011 -12 performed by Hardy &
Harper, Inc.; and Authorization to file the Notice of Completion with the County
Recorder. (No staff report required (A2100.0 Agr -5891)
ACTION: Accepted public work improvements, authorize release of International
Fidelity Insurance Company, Bond No. 0572716, in the amount of $755,000.00 to the
contractor on said job, and authorized the Mayor and City Clerk to execute the Notice
of Completion.
RESOLUTIONS
3.13 RESOLUTION NO. 10682 (C2500.J.4.1)
A Resolution of the City Council of the City of Orange approving the Memorandum of
Understanding between the City of Orange and the Orange Management Association
(OMA) concerning wages, hours, and other conditions of employment effective July 1,
2012 through and including June 30, 2013, and repealing Resolution No. 10643 and
amendments thereto for said employees.
ACTION: Approved and authorized staff to make the necessary budget adjustments
and /or appropriations to the departments' salary and benefit accounts to fund the
increased costs of the contract.
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3. CONSENT CALENDAR (Continued)
3.14 RESOLUTION NO. 10683 (C2500.K)
A Resolution of the City Council of the City of Orange expressing appreciation to
Sergeant Jeff Gray, Orange Police Department, commending him for more than 28
Years of loyal and dedicated service to the City of Orange.
ACTION: Approved.
3.15 RESOLUTION NO. 10684 (C2500.J.4)
A Resolution of the City Council of the City of Orange regarding the 2012 Christmas
Holiday Closure.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.16 RESOLUTION NO. 10685 (C2500.K)
A Resolution of the City Council of the City of Orange expressing appreciation to
Executive Assistant, Carol Ellwood, of the Orange Police Department and commending
her for more than 27 Years of loyal and dedicated service.
MOTION - Cavecche
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to approve.
3.17 RESOLUTION NO. 10686 (C2500.M)
A Resolution of the City Council of the City of Orange expressing appreciation to
Maria D. Cervantes of the Public Works Department and commending her for more
than 21 Years of loyal and dedicated service.
ACTION: Approved.
REPORTS
3.18 Sewer Master Plan Update. (C2500.M.3)
ACTION: Received and filed.
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3. CONSENT CALENDAR (Continued)
3B. SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY
3.19 Award of Contract — Bid No. 123 -14; Slurry Seal at Various Successor Agency
Owned Parking Lots to Pavement Coatings Company, in the amount of
$140,637.00. (A2100.0 Agr -5931)
ACTION: 1) Transferred $4,701.00 from CIP Account No. 940.9810.56015.20052
(174 South Orange Street) to CIP Account No. 940.9810.56020.30011 (Agency -Owned
Parking Lot Maintenance); and 2) Awarded the contract and authorized the
Chairperson and Clerk of the Successor Agency to execute on behalf of the Successor
Agency.
MOTION - Smith
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Item 3.16 was voted on separately. All Items on the Consent Calendar were approved
as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR CAVECCHE
4.1 Update on Street Sweeping RFP — Assistant City Manager Rick Otto provided an
update, stating that seven proposals had been received; and that staff recommendations would
be brought back to Council in January, 2013. He responded to Councilmember Smith's
concern that should the Council select an outside vendor, the displaced employees would be
absorbed into vacant positions in the department.
4.2 Parties — Notice of Disturbance — Police Chief Gustafson provided statistics on the
issue since the last Council meeting.
Mayor Cavecche confirmed with City Manager John Sibley that he has held meetings with
Chapman Administrators.
Speakers — Chapman University Executive Vice President and Chief Operating Officer Harold
Hewitt stated that during these past two weekends there were no party problem calls to the
Campus Safety office; and, additionally, the campus police are being more interactive and
writing more citations. Also, internally, the Code of Conduct has been reviewed and sanctions
can be imposed on repeat party house offenders, adding that if they are sorority or fraternity
members, athletes, or school government officers, participation in these groups can be
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CITY COUNCIL MINUTES November 13, 2012
4. REPORTS FROM MAYOR CAVECCHE (Continued)
suspended. He also spoke on the University's personnel and programs for initiating contact
with the offenders and /or landlords to explain the enforcement efforts. He responded to an
inquiry by Councilmember Whitaker regarding sanctions on an off - campus sorority or
fraternity house and confirmed for Mayor Cavecche that the school has offered to help fund
City police officers to focus on campus as University personnel are not sworn and have no
right to enter private property.
Mayor Cavecche stated the next Council should pursue this Police funding offer and that the
ordinance needs to be stronger, suggesting that instead of the 72 hour rule, it be ten days.
Councilmembers Whitaker and Smith agreed. Mayor pro tem Bilodeau stated he wanted more
study to determine impacts of the Ordinance on other events in the city such as birthday parties
or weddings, not just Chapman University issues, because a City Ordinance is applied
everywhere.
Mayor Cavecche directed the City Attorney to place the ordinance on the next meeting's
agenda for discussion.
Councilmember Smith noted this problem is not limited to Old Towne and provided several
locations where problems existed. She further stated that some of these student- occupied
homes are falling into disrepair, which needs to be addressed.
Councilmember Whitaker suggested the boarding house ordinance be analyzed as it relates to
this issue.
5. REPORTS FROM COUNCILMEMBERS - None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS - None
8. REPORTS FROM CITY MANAGER — None
9. LEGAL AFFAIRS - None
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CITY COUNCIL MINUTES November 13, 2012
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:00 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, Orange Fire Management Association,
Orange Maintenance & Crafts Employees Association, Executive
Directors and Top Management Employees, City of Orange Police
Association, and City of Orange Police Management Association.
b. Conference with Legal Counsel — Potential Litigation — Significant exposure to litigation
pursuant to Government Code Section 54956.9(b).
1) One potential case.
c. 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.
12. ADJOURNMENT — The City Council adjourned at 6:30 p.m.
There was no 7:00 p.m. Session. The next Regular City Council meeting will be held on
Tuesday, November 27, 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 13, 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.
CM G '
M MURPHY
CITY CLERK
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