Council Minutes 10/09/12APPROVED BY THE CITY COUNCIL ON OCTOBER 23, 2012
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
October 9, 2012
The City Council of the City of Orange, California convened on October 9, 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 the Very Reverend Christopher Smith, Diocese of Orange at Marywood
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Denis Bilodeau
1.3 ROLL CALL
PRESENT - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of Donation by Orange Public Library Foundation to the City of Orange
Mayor Cavecche announced the Treats in the Streets event on October 25 in the
Orange Plaza at 4:30; and the Veterans Day Tribute event at Depot Park on November
11 at 2:00 p.m.
2. PUBLIC COMMENTS — Vicki Jobe, American Cancer Society, announced a 2013
Relay for Life planning meeting to be held on October 18 at 6:30 p.m. at the Orange
County Mining Company, and invited interested persons to attend.
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3. CONSENT CALENDAR
October 9, 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 September 20 and September 27, 2012.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of September 25, 2012. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 Amended and Restated Joint Powers Agreement with the Cities of Anaheim and
Garden Grove to Lease and Operate the North Net Training Center. (A2100.0
Agr- 0160.1.E)
ACTION: Approved the agreement and authorized the Mayor and the City Clerk to
execute on behalf of the City.
3.5 Amendment No. 14 to Cooperative Agreement with Orange County
Transportation Authority for Combined Transportation Funding Programs
Project. (A2100.0 Agr - 2397.14)
ACTION: Approved the amendment and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.6 First Amendment to Agreement with Tetra Tech, Inc. for additional Engineering
and Construction Services for the Design of Well 27, in the amount of $72,809.00.
(A2100.0 Agr - 5315.1)
ACTION: Approved the amendment and authorized the Mayor and City Clerk to
execute on behalf of the City.
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CITY COUNCIL MINUTES October 9, 2012
3. CONSENT CALENDAR (Continued)
APPROPRIATIONS
3.7 Appropriation of Funds received from Santa Ana College for Fire Department
Training. (C2500.11)
ACTION: Appropriated $31,848.90 from Account No. 100.3023.48210.20160 to
Account No. 100.3023.53060.20160.
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. Nancy M. Ley
b. David Laguna
C. Harold Thomas
d. Debra P. Evans
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.9 Award of Bid No. 123 -09; SAVI Line Improvements Project to Paulus
Engineering, Inc. in the amount of $117,600.00. (A2100.0 Agr -5920)
ACITON: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.10 Award of Bid No. 123 -05 to GovPlace for the purchase of an HP TippingPoint
Next Generation Intrusion Prevention System, in the amount of $51,455.20.
(C2500.E)
ACTION: Approved Purchase of an HP TippingPoint Next Generation Intrusion
Prevention System from GovPlace.
3.11 Contract Change Order No. 1: Bid No. 112 -24; Asbestos and Lead Abatement,
and Demolition of Buildings at 180 S. Water Street. (A2100.0 Agr -5897)
ACTION: 1) Appropriated $69,000.00 from Account No. 550.0000.48210.20158
(Expense Reimbursement) to Account No. 550.5011.56012.20158 (CIP - Property
Acquisition); and 2) Approved Contract Change Order No. 1 in the amount of
$59,000.00 to Midwest Environmental Control, Inc. for the additional work.
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CITY COUNCIL MINUTES October 9, 2012
3. CONSENT CALENDAR (Continued)
3.12 Final Acceptance of Bid No. 112 -12; Annual Concrete Replacement at Various
Locations FY 2011 -2012 performed by Kormx, Inc.; and authorization to file
Notice of Completion with the County Recorder. (No staff report required
(A2100.0 Agr -5865)
ACTION: Accepted public work improvements, authorized release of American Safety
Casualty Insurance Company, Bond No. SBA850048 in the amount of $472,700.00 to
the contractor on said job, and authorized the Mayor and City Clerk to execute the
Notice of Completion.
PURCHASES
3.13 Purchase of Cohn Electronics Video Encoders to integrate existing Cohu Closed
Circuit Television (CCTV) Analog Cameras as part of the Traffic Management
Center Software Upgrade. (S4000.S.3)
ACTION: 1) Authorized sole source procurement of Cohu Electronics video encorders
to maintain system standardization of citywide traffic signal equipment; and 2)
Authorized transfer of $50,000.00 from Account No. 262.5032.56100.16469 (Traffic
Signal Equipment Painting) to Account No. 262.5032.56100.16302 (Minor Traffic
Control Devices).
RESOLUTIONS
3.14 RESOLUTION NO. 10680 (A2500.0)
A Resolution of the City Council of the City of Orange Revising the Conflict of Interest
Code for the City of Orange.
NOTE: Councilmember Dumitru registered an abstention on this item.
ACTION: Approved.
MOTION - Bilodeau
SECOND - Cavecche
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Councilmember Dumitru registered an abstention on Item 3.14. All items were
approved as recommended.
END OF CONSENT CALENDAR
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4. REPORTS FROM MAYOR CAVECCHE
4.1 Update on Street Sweeping REP —
Deputy City Manager Rick Otto reported on the RFP timelines, the value of the contract, and
levels of service.
Mayor Cavecche wanted to ensure this process proceeded as quickly as possible; and directed
that the item be agendized on the November 13 meeting.
4.2 Parties — Notice of Disturbance —
Police Chief Robert Gustafson reported on statistics in the new school year involving Chapman
University students and party- related problems.
Ken Ryan, KTGY, representing Chapman University, stated that the administration is aware of
the problems and that the school is doing a comprehensive evaluation of campus programs,
looking at what other college cities are doing to address problems, have established a party
patrol and neighbor relations program, implemented off - campus staff enhancements, is
reviewing the student code of conduct, and is looking to work with the City toward solutions.
City Manager John Sibley stated several proposals to address problems have been developed
with school officials.
Mayor Cavecche directed that this item be agendized at each Council meeting through
November to receive a report from police on the amount of calls being handled, and to discuss
possible strengthening of the party ordinance.
5. REPORTS FROM COUNCILMEMBERS
Councilmember Bilodeau — Expressed birthday wishes to his father. He also reported on
being misquoted in a recent article in the Foothill Sentry newspaper. He stated that in the six
years he has been on the Council, he appreciates, and is very impressed with the work of the
City firefighters.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS - None
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CITY COUNCIL MINUTES October 9, 2012
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 12 -12 (SECOND READING) (Z1500.0)
An Ordinance of the City Council of the City of Orange approving Zone Change No. 1265 -12
Rezoning Properties in the Portion of the Uptown Orange 2010 General Plan Land Use Focus
Area east of the City Drive, south and west of Interstate 5, and north of the Intersection of the
City Drive and Metropolitan Drive to Public Institution to Establish Consistency between the
Public Facilities and Institutions General Plan Land Use Designation and Zoning
Classification, in Accordance with State Law.
Zone Change 1265 -12
Applicant: City of Orange
MOTION - Whitaker
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved that Ordinance No. 12 -12 be read by title only and same was approved and adopted by
the preceding vote.
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY
11. PUBLIC HEARINGS
11.1 ZONE CHANGE 1266 -12 KATELLA CORRIDOR LAND USE FOCUS AREA
(From September 25, 2012). (Z1500.0)
Time set for a public hearing to consider Ordinance No. 13 -12 approving Zone Change 1266-
12 to rezone properties in the Katella Corridor 2010 General Plan Land Use Focus Area to
General Business (C -2).
Note: Councilmember Whitaker recused himself due to a potential conflict of interest with his
employment and left the dais.
THE MAYOR OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
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11. PUBLIC HEARINGS (Continued)
MOTION - Cavecche
SECOND - Bilodeau
AYES - Smith, Cavecche, Bilodeau, Dumitru
ABSENT (RECUSED) — Whitaker
Moved that the proposed zoning changes are within the scope of the previously- approved 2010
General Plan, which was evaluated in certified Program EIR No. 1815 -09; and find that the
Program EIR adequately describes the zoning changes for purposes of CEQA and no new
environmental documents are required.
ORDINANCE NO. 13 -12 (FIRST READING)
An Ordinance of the City Council of the City of Orange approving Zone Change No. 1266 -12
Rezoning Properties in the Katella Corridor 2010 General Plan Land Use Focus Area between
Glassell Street and Batavia Street General Business (C -2) to Establish Consistency Between
the General Commercial General Plan Land Use Designation and Zoning Classification in
Accordance with State Law.
Zone Change 1266 -12
Applicant: City of Orange
MOTION - Cavecche
SECOND - Bilodeau
AYES - Smith, Cavecche, Bilodeau, Dumitru
ABSENT (RECUSED) — Whitaker
Moved that Ordinance No. 13 -12 be read by title only and same was approved for second
reading by the preceding vote.
12. RECESS TO CLOSED SESSION
Public Comments — Greg Lewin, City Firefighters Association President, spoke on contract
negotiation issues.
The City Council recessed at 5:15 p.m. to a Closed Session for the following purposes:
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CITY COUNCIL MINUTES October 9, 2012
12. RECESS TO CLOSED SESSION (Continued)
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: All Bargaining Units
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.
13. ADJOURNMENT — The City Council adjourned at 6:00 p.m.
There was no 7:00 p.m. Session. The next Regular City Council meeting will be held on
Tuesday, October 23, 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 October 9, 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.
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