Council Minutes 10/11/11APPROVED BY THE CITY COUNCIL ON OCTOBER 25, 2011
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
October 11, 2011
The City Council of the City of Orange, California convened on October 11, 2011 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 Tim Klinkenberg, St. John's Lutheran Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Fred Whitaker
1.3 ROLL CALL
PRESENT - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of Proclamation to Principal Randy Einem, St. John's Lutheran School.
Assemblyman Don Wagner introduced himself and offered his services to the residents
and the Council, indicating that the proposed redistricting by the state will result in his
representation of Orange.
2. PUBLIC COMMENTS
Jennifer Vaughn, Southern California Gas Company representative, announced her
name change from Gonzales, and reported that the Gas Company received one of the
highest rankings for customer satisfaction by JD Powers among national gas
companies.
Mary Dargatz spoke on the proposed sale by the Orange Unified School District of
surplus properties, requesting that the Council be involved in the process.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
October 11, 2011
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 22 and September 29, 2011.
ACTION: Approved.
(REMOVED AND HEARD SEPARATELY)
3.2 City Council Minutes, Regular Meeting of September 27, 2011. (C2500.D.4)
Discussion - Councilmember Bilodeau corrected page 4 of the minutes to reflect the
branch of service and ranking of Mr. Merino as that of Reserve Navy Captain.
MOTION - Bilodeau
SECOND - Cavecche
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to approve as amended.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 Review of the Securities in the Investment Portfolio that are Downgraded to a
Level Below a "AAA" rating. (OR1800.0.27.16)
ACTION: Received and filed.
AGREEMENTS
(REMOVED AND HEARD SEPARATELY)
3.5 FY 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) for the
Purchase and Installation of Emergency Response Lighting in Nine Detective
Vehicles. (A2100.0 Agr- 4654.F)
Discussion - Councilmember Bilodeau asked about audio and video recorders in police
vehicles.
Police Chief Gustafson reported that a search for a quality system is underway, and a
report will be forthcoming to Council with the results.
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CITY COUNCIL MINUTES October 11, 2011
3. CONSENT CALENDAR (Continued)
MOTION - Bilodeau
SECOND - Cavecche
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to: 1) Authorize the City Manager or his designee to execute the agreement
with the County of Orange for $19,539 in FY 2011 JAG funds, including the
allocations to both the County and PROACT; and 2) Appropriate the remaining
$15,826 to account 353.4011.55131.20098 (Federal Grants - Equipment -2011 JAG) for
the purchase and installation of emergency equipment in nine detective vehicles.
APPROPRIATIONS
(REMOVED AND HEARD SEPARATELY)
3.6 Accept into the City's Revenue Budget and Appropriate a $27,500 Donation from
the Friends of the Orange Public Library (FOPL) for a Variety of Items.
(C2500.I)
Discussion - Mayor Cavecche read a proclamation for National Friends of the Library
Week and presented it to the Friends of the Orange Public Library.
MOTION - Cavecche
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to: 1) Accept into the City's revenue budget a donation from FOPL into
Account No. 100.2001.48390.19990 (FOPL Donations); and 2) appropriate the
Friends' donation as follows:
100.2001.53301.19990 FOPL- Donations (Library Books) $20,500
100.2017.55131.19990 FOPL- Donations (Furniture, Machinery, Equipment $ 6,500
100.2016.53340.19990 FOPL- Donations (Craft Supplies) $ 500
3.7 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. National Subrogation — Manhattan Steak & Seafood
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES October 11, 2011
3. CONSENT CALENDAR (Continued)
CONTRACTS
(REMOVED AND HEARD SEPARATELY)
3.8 Award of Contract - Bid No. 112 -03 to SCS Engineers, Inc. for the Monitoring and
Reporting of Landfill Gas Activity at the former Yorba Landfill in the Amount of
$32,000.
Discussion - Councilmember Dumitru asked about the use of Yorba Park and the
monitoring of gas activity.
City Manager John Sibley responded that it is available for limited use as a practice
field only.
MOTION - Dumitru
SECOND - Cavecche
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to award the contract and authorize the Mayor and City Clerk to execute on
behalf of the City.
3.9 Contract Change Order No. 1 - Bid No. 101 -14; Tustin Street and Meats Avenue
Intersection Improvements. (A2100.0 Agr -5699)
ACTION: Approved Contract Change Order No. 1 in the amount of $135,409.23 to
Excel Paving Company.
3.10 Final Acceptance of Bid No. 101 -09; Upgrade of the Energy Management System
at Various City Facilities project performed by Setpoint Systems, Inc., a Colorado
Corporation; and Authorization to File the Notice of Completion with the County
Recorder. (No staff report required (A2100.0 Agr -5654)
ACTION: Accepted public work improvements, authorize release of U.S. Specialty
Insurance Company from the State of Texas, Bond No. 1000877594 in the amount of
$152,408.00 to the contractor on said job, and authorized the Mayor and City Clerk to
execute the Notice of Completion.
3.11 Final Acceptance of Bid No. 101 -13; Main Street Widening and Water
Improvements project performed by G.M.C. Engineering, Inc., a California
Corporation; and Authorization to File the Notice of Completion with the County
Recorder. (No staff report required (A2100.0 Agr -5698)
ACTION: Accepted public work improvements, authorized release of Western Surety
Company from the State of South Dakota, Bond No. 58675524 in the amount of
$2,905,938.65 to the contractor on said job, and authorized the Mayor and City Clerk to
execute the Notice of Completion.
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CITY COUNCIL MINUTES October 11, 2011
3. CONSENT CALENDAR (Continued)
3.12 Final Acceptance of Bid No. 101 -25; ADA Wheelchair Access Ramps at Various
Locations, FY 2010 -11, CDBG project performed by Superior Paving Company,
Inc., a California Corporation, dba United Paving Company; and authorization to
file the Notice of Completion with the County Recorder. (No staff report
required (A2100.0 Agr -5748)
ACTION: Accepted public work improvements, authorized release of Merchants
Bonding Company (Mutual) from the State of Iowa, Bond No. CAC 89608 in the
amount of $102,698.00 to the contractor on said job, and authorized the Mayor and
City Clerk to execute the Notice of Completion.
3.13 Final Acceptance of Bid No. 101 -33; Tustin Street and Chapman Avenue Sewer
Line Replacement Project performed by Mike Prlich and Sons, Inc., a California
Corporation; and authorization to file the Notice of Completion with the County
Recorder. (No staff report required (A2100.0 Agr -5763)
ACTION: Accepted public work improvements, authorized release of Hartford Fire
Insurance Company from the State of Connecticut, Bond No. 72BCSFZ9233 in the
amount of $381,523.25 to the contractor on said job, and authorized the Mayor and
City Clerk to execute the Notice of Completion.
RESOLUTIONS
3.14 RESOLUTION NO. 10597 (C2500.11)
A Resolution of the City Council of the City of Orange Expressing Appreciation to Fire
Captain Robert "Bob" Timboe of the Orange City Fire Department for Twenty -Seven
Years of Loyal and Dedicated Service.
ACTION: Approved.
3.15 RESOLUTION NO. 10598 (C2500.11)
A Resolution of the City Council of the City of Orange Expressing Appreciation to Fire
Engineer Kevin Kelso of the Orange City Fire Department for Thirty -One Years of
Loyal and Dedicated Service.
ACTION: Approved.
MOTION - Smith
SECOND - Dumitru
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Items 3.2, 3.5, 3.6, and 3.8 were removed and heard separately. All other items were
approved as recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES
4. REPORTS FROM MAYOR CAVECCHE - None
5. REPORTS FROM COUNCILMEMBERS - None
October 11, 2011
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS - None
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS - None
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
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CITY COUNCIL MINUTES
October 11, 2011
11. RECESS TO CLOSED SESSION - The City Council recessed at 5:05 p.m. to a
Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Chief Negotiator Jeffrey Freedman, Assistant City Manager Rick
Otto, Human Resources Director Steven Pham, and Assistant Human Resources
Director Mike Harary;
Employee Organizations: Orange City Fire Fighters, and all Misc. Bargaining
Groups.
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6
Proposed 2011 City Hall Holiday Closure:
City Negotiators: Human Resources /Employee Relations Director Steven Pham
and Assistant Human Resources Director Mike Harary.
Employee Organizations: All Bargaining Units
C. Conference with Legal Counsel— Existing Litigation pursuant to Government Code
Section 54956.9.
One potential case.
d. 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 5:25 p.m.
There was no 7:00 p.m. session. The next regular City Council Meeting is scheduled for
Tuesday, October 25, 2011 at 4:30 p.m.
Declaration of Deputy City Clerk, Angelina Andrelus, declaring posting of City Council agenda
of a regular meeting of October 11, 2011 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.
GELINA AN RELUS
DEPUTY CITY CLERK
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