Council Minutes 07/24/12APPROVED BY THE CITY COUNCIL ON AUGUST 14, 2012
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
July 24, 2012
The City Council of the City of Orange, California convened on July 24, 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 Pastor Rod Schorr, Covenant Community Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Jon Dumitru
1.3 ROLL CALL
PRESENT - Whitaker, Smith, Cavecche, Dumitru
ABSENT - Bilodeau
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Recognition of Employee Service
Mayor Cavecche announced the continuing Concerts in the Park at Hart Park on
Wednesday evenings at 7:00 p.m. through August 29
2. PUBLIC COMMENTS —
Laura Thomas, Orange Park Acres Association President, spoke on the ballot language
regarding the Ridgeline Equestrian Estates Referendum Measure.
Pat Buttress, Southern California Edison Representative, spoke on the summer energy
program, and the need for the public to conserve on electrical power.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
July 24, 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 July 5, July 10 and July 12, 2012.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.2 City Council Minutes, Regular Meeting of July 10, 2012. (C2500.D.4)
Discussion - Mayor Cavecche stated the July 10 minutes reflected the Council's vote
to continue Item 3.12 to July 24 with additional language added that the item would
now be heard on August 14 She stated her objection to staff changing the Council's
original direction.
MOTION
- Whitaker
SECOND
- Dumitru
AYES
- Whitaker, Dumitru
NOES -
Smith, Cavecche
ABSENT
- Bilodeau
Moved to approve the minutes of July 10, 2012 meeting.
(TIE VOTE — Minutes not approved. A request for approval of the minutes to re-
appear on the August 14 agenda.)
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 First Amendment to Agreement with Roofing & Waterproofing Forensics, Inc. for
Specialized Consulting and Investigation at the Sports Center at Grijalva Park, to
increase the not to exceed amount from $30,000.00 to $60,000.00. (A2100.0 Agr-
5844.1)
ACTION: Approved agreement and authorized the Mayor and City Clerk to execute
on behalf of the City.
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CITY COUNCIL MINUTES July 24, 2012
3. CONSENT CALENDAR (Continued)
3.5 Agreement with the PM Group, Inc. for the Design and Printing of the Our
Orange City Newsletter /Community Services Brochure Winter, Spring, Summer,
and Fall Issues, FY 2012 -2013, in an amount not to exceed $115,000.00. (A21001.0
Agr- 4692.D)
ACTION: Approved agreement and authorized the Mayor and City Clerk to execute
on behalf of the City.
3.6 First Amendment to Agreement with Merchants Landscape Services, Inc. for
Landscape Maintenance Services for City Parks, in the amount of $160,777.92 for
a four year period. (A2100.0 Agr - 5764.1)
ACTION: Approved agreement and authorized the Mayor and City Clerk to execute
on behalf of the City.
3.7 First Amendment to Agreement with Orange County Striping Service for the
Installation of Traffic Striping, Pavement Markings, and Raised Pavement
Markers at Various Locations, in an amount not to exceed $116,150.00. (A2100.0
Agr - 5785.1)
ACTION: Approved agreement and authorized the Mayor and City Clerk to execute
on behalf of the City.
3.8 First Amendment to Agreement with Republic Intelligent Transportation Services
to provide Emergency Response Services for Traffic Signals /Flashers, and Street
Lighting Maintenance, in an amount not to exceed $40,000.00. (A2100.0 Agr -
5713.1)
ACTION: Approved agreement and authorized the Mayor and City Clerk to execute
on behalf of the City.
APPROPRIATIONS
3.9 Appropriate Funds in Account No. 560.3021.56002.12406 to offset unfunded
Design Costs in the Chapman Avenue Emergency Vehicle Preemption System
Project. (C2500.H)
ACTION: Authorized an appropriation of $8,050 from the unreserved fund balance of
Fund 560 to Account No. 560.3021.56002.12406 (Signal Pre - Emption Installation).
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CITY COUNCIL MINUTES July 24, 2012
3. CONSENT CALENDAR (Continued)
BIDS
3.10 Bid No. 123 -03 — Annual Pipeline Renewal Project, FY 2012 -13; Approval of plans
and specifications, and authorization to advertise for bids. (C2500.P)
ACTION: Approved plans and specifications and authorized advertising for bids for the
construction of Pipeline Renewal Project.
3.11 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. Carol Johnson
b. John P. Martin
C. Patricia Gaston
d. Denise I. Peruzzi
e. K.S., a minor
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.12 Award of Contract to Robertson Industries, Inc. for a Five -year Maintenance
Program for the Tot Lot Rubberized Protective Safety Surface for City Parks, in
the amount of $39,158.12, for the five year contract. (A2100.0 Agr -5902)
ACTION: Approved the contract and authorized the Mayor and City Clerk to execute
on behalf of the City.
MOTION - Whitaker
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Dumitru
ABSENT - Bilodeau
Item 3.2 was removed and heard separately. All other items on the Consent Calendar
were approved as recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES July 24, 2012
4. REPORTS FROM MAYOR CAVECCHE - None
5. REPORTS FROM COUNCILMEMBERS —
Councilmember Dumitru - Stated he had a document for the Council to consider signing as
individual citizens to oppose Proposition 30, a proposed state sales and income tax increase.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS
7.1 Council Policy Recommendation on whether or not to allow Non - Profit
Organizations to Conduct Fundraising Activities in the Parks, in particular through the
sale of Food, Merchandise, Opportunity Drawing Tickets, or other Event Related
Activities. (C2500.N)
NOTE: Councilmember Whitaker recused himself due to a possible conflict of interest due to
his wife being the Executive Director of Kids Musical Theater (KMT), and left the dais.
Discussion — Community Services Director Marie Knight provided the staff report. She
responded to a question from Mayor Cavecche, stating that the previous requests by non-
profits have not been logged, so she could not say what other types of fundraising requests had
been made. She also stated that previous requests have been universally denied, citing the lack
of staff to monitor as one reason for denial.
Speakers — Matt Candela, cast member, spoke in support of KMT's request.
Mrs. Mignon Whitaker, KMT Executive Director, spoke on the specifics of the request.
Councilmember Smith stated her support for the unique performance at the Hart Park band
shell and for this one time fundraising event. She added that the snack shack at Hart Park had
previously served to support city programs, and proposed consideration of reinstituting its use
during swimming lessons, concerts in the park, and possibly other events.
Councilmember Dumitru offered his support for the request, stating that the non - profits and
youth organizations needed a way to raise money. He added that he would like to look at an
ongoing policy to allow fundraising efforts in the City parks.
Mayor Cavecche stated her support for KMT's request, suggesting this event be used as a test
case to look at a policy for requests in the future; and acknowledged that the staffing to
monitor adherence to the rules will be a challenge.
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CITY COUNCIL MINUTES
7. ADMINISTRATIVE REPORTS (Continued)
MOTION
- Cavecche
SECOND
- Dumitru
AYES
- Smith, Cavecche, Dumitru
ABSENT (RECUSED) - Whitaker
ABSENT
- Bilodeau
July 24, 2012
Moved to approve request of KMT to allow the sale of food and opportunity drawing tickets at
their event at Hart Park on July 28 and 29.
Council asked Ms. Knight to work with this non - profit to get an idea of what works and what
doesn't work, as well as reach out to organizations that use the band shell for additional ideas
and brief Council to craft a workable policy for the future.
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS
9.1 Consideration of Resolution to Rescind and Repeal Resolution No. 10580, and
10581 related to the Ridgeline Equestrian Estates Project Referendum (Continued from
July 10, 2012). (E1100.0)
NOTE: On July 12, 2012, the Appellate Court issued a Stay and the item will be removed
from this agenda.
(The item was not considered.)
10. ITEMS RELATING TO THE SUCCESSOR AGENCY TO THE ORANGE
REDEVELOPMENT AGENCY
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CITY COUNCIL MINUTES July 24, 2012
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:30 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: All Bargaining Units
b. Public employee appointment /employment pursuant to Government Code Section 54957:
Title: City Attorney
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.
NOTE: The City Council reported out the decision reached in Closed Session to appoint
Wayne Winthers, Interim City Attorney, to the position of City Attorney.
12. ADJOURNMENT — The City Council adjourned at 8:00 p.m.
There was no 7:00 p.m. session.
The next Regular City Council meeting will be held on Tuesday, August 14, 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 July 24, 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.
M MURPHY CArAYA V. CAVE CHE
CITY CLERK MAYOR
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