Council Minutes 09/13/2011APPROVED BY THE CITY COUNCIL ON SEPTEMBER 27, 2011
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
September 13, 2011
The City Council of the City of Orange, California convened on September 13, 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 Rob Curington, Orange Villa Bible Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Jon Dumitru
1.3 ROLL CALL
PRESENT - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Commendation presented to Evan Hardcastle.
Introduction of Miss City of Orange 2012 Contestants.
2. PUBLIC COMMENTS - None
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
September 13, 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 August 18, 25, and September 1, 2011.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of August 23, 2011 and Adjourned
Regular Meeting of September 6, 2011. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 Agreement with Arroyo Associates, Inc. to Conduct an Organizational Assessment
for Police Services, in an amount not to exceed $42,550. (A2100.0 Agr -5806)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.5 Agreement with Orange County for use of the East -End Substation Police Facility
Located at 8525 East Fort Road for the Orange County Intelligence Assessment
Center. (A2100.0 Agr -5807)
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 September 13, 2011
3. CONSENT CALENDAR (Continued)
3.6 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. Days Inn
b. Hewes in Orange HOA
C. Joshua Lee Smith
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.7 Award of Contract - Bid No. 112 -02; Community Development Block Grant
(CDBG) FY 2010 -11 Street Rehabilitation and Reconstruction Projects: Palmyra
Avenue, Alanda Avenue, Burly Avenue, Lemon Street, Norwood Street, Olive
Street, Thomas Street, and Century Avenue Improvements. (A2100.0 Agr -5805)
ACTION: 1) Awarded the contract in the amount of $633,000.00 to Hardy and Harper
and authorized the Mayor and City Clerk to execute on behalf of the City; and 2)
Approved the transfer of funds in the amount of $123,000 among various accounts.
REPORTS
3.8 Updated Local Implementation Plan (LIP) for Storm Water Compliance
Program. (C2500.M.17)
ACTION: 1) Adopted the updated LIP; and 2) Authorized and directed the Public
Works Director to do any and all things necessary to execute and deliver any and all
documents (including amendments or modifications to the LIP) deemed necessary or
advisable in order to carry out, give effect to, and comply with the terms and intent of
the DAMP and Santa Ana Regional Water Quality Control Board Permit Order No. R8-
2009 -0030.
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CITY COUNCIL MINUTES September 13, 2011
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
(REMOVED AND HEARD SEPARATELY)
3.9 RESOLUTION NO. 10575 (Continued from August 23, 2011)
A Resolution of the City Council of the City of Orange Approving and Adopting a
Statement of Investment Policy for Fiscal Year 2011 -12.
(See related Redevelopment Agency Minutes Item No. 3.3)
Discussion — Councilmember Whitaker suggested a change to the language in Section
3.3 in the investment policy to indicate that any securities rated below AAA would be
reviewed by the City.
MOTION - Whitaker
SECOND - Cavecche
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to approve Resolution No. 10575, adopting a revised investment policy with the
change to the language in Section 3.3 at various locations to say "anything below a
AAA rating would require review."
MOTION - Dumitru
SECOND - Smith
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Councilmembers Dumitru and Bilodeau registered abstentions on Item 3.5. Item 3.9
was removed and heard separately. All other items on the Consent Calendar were
approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR CAVECCHE - None
5. REPORTS FROM COUNCILMEMBERS - None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
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CITY COUNCIL MINUTES September 13, 2011
7. ADMINISTRATIVE REPORTS
7.1 Report on Options on City Council Changes in Compensation. (C2500.D)
Discussion — City Attorney David DeBerry gave the staff report on options and rules to amend
the Council's salary, health, welfare, and retirement benefits, as well as placing the issue on the
ballot.
Councilmember Whitaker stated that given the economic times and the need to ask City
employees to take reductions, that the Council take the lead on eliminating all benefits,
including putting the vote to the electorate to confirm. He added that by taking this action,
2012 candidates for Council will know what they are accepting in running for office.
Councilmember Dumitru suggested that compensation also be eliminated.
MOTION - Dumitru
SECOND - Whitaker
AYES - Smith, Whitaker,
Cavecche, Dumitru, Bilodeau
Moved to eliminate all health and retirement benefits, expense reimbursements, and all
compensation, including Redevelopment compensation, going forward.
Councilmember Bilodeau clarified with staff that it is to eliminate all compensation going
forward for anyone elected in the 2012 election.
Mayor pro tem Smith suggested that Councilmembers' participation at non - profit fundraising
events may be affected, as she has always used her compensation for those types of events;
noting that due to the City's gift ban regulations, there is no compensation to Council for
attending events that can cost hundreds of dollars. She added that there is already no
reimbursement to Council for use of cell phones, computers, car, travel, or anything of that
nature, and added that the motion should include not allowing the Council to seek
reimbursement for anything that is not now compensated for.
Mayor Cavecche recapped the motion, stating that on a going forward basis all compensation,
including Redevelopment, and health benefits would be eliminated, along with the elimination
of reimbursement for expenses, and elimination of pension compensation as well.
MOTION - Whitaker
SECOND - Cavecche
AYES - Whitaker, Smith, Cavecche, Dumitru
ABSTAIN - Bilodeau
Moved to place the elimination of Council compensation, health, and retirement benefits, and
the reimbursement of expenses on the General Municipal Election of November, 2012.
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CITY COUNCIL MINUTES September 13, 2011
7. ADMINISTRATIVE REPORTS (Continued)
NOTE: After Closed Session, the following action took place:
Discussion — Councilmember Bilodeau stated he previously voted to abstain on the motion to
place the question on the ballot because he felt the decision should be put off until next year
after the 2011 -12 budget is reviewed given the estimated cost of $10,000 to put it on the ballot.
MOTION — Cavecche
SECOND — Bilodeau
AYES — Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to reopen the discussion and reconsider the vote on placing Council compensation and
benefits on the November 2012 election ballot.
Mayor Cavecche reiterated that the decision has been made by the Council to eliminate
compensation, health and welfare benefits, retirement, and reimbursement of expenses for the
Council on a going forward basis.
Councilmember Dumitru stated he wants the issue placed on the ballot, but given that there is
time to do so, it would be prudent to first receive a breakdown of costs and consider additional
items for the ballot that will affect the cost of the election.
Councilmember Whitaker stated he was still willing to move forward with placing the issue on
the ballot.
MOTION — Cavecche
SECOND — Bilodeau
AYES — Smith, Cavecche, Dumitru, Bilodeau
NOES — Whitaker
Moved to rescind the previous motion to place the issue of Council compensation and benefits
on the November 2012 election ballot; and directed staff to provide Council with more specific
information on election costs.
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS - None
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
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September 13, 2011
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: 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, Top Management Employees,
and all Misc. Bargaining Groups.
b. Conference with Legal Counsel – Existing Litigation pursuant to Government Code
Section 54956.9.
Case: Los Angeles Engineering v. City of Orange
Orange County Superior Court Case No. 30 -2011- 00447076
Case: Milan REI IV v. Mary E. Murphy, City Clerk
Orange County Superior Court Case No. 30-201100494437
C. Conference with Legal Counsel— Anticipated Litigation pursuant to Government Code
Section 54956.9.
Two potential cases.
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 8:15 p.m. to an Adjourned
Regular Meeting on September 13 at 8:20 p.m. in the Council Chambers.
There was no 7:00 p.m. session. The next regular City Council Meeting is scheduled for
Tuesday, September 27, 2011 at 4:30 p.m.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of September 13, 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.
(� NIA URPHY
CITY CLERK
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