Council Minutes 01/11/11APPROVED BY THE CITY COUNCIL ON JANUARY 25, 2011
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
January 11, 2011
The City Council of the City of Orange, California convened on January 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 Ric Olsen, The Beacon Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tem Teresa Smith
1.3 ROLL CALL
PRESENT - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation by Fire Chief Bart Lewis to Library Director Yolanda Moreno of Historic
Fire Department Log Books for preservation in the History Center collection.
Recognition to the City of Orange Finance Department, recipient of the Certificate of
Achievement Award for Excellence in Financial Reporting for fiscal year ending June
30, 2009.
Recognition of Employee Service.
2. PUBLIC COMMENTS — Marvin Sobel spoke on street sweeping rates.
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3. CONSENT CALENDAR
January 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 December 9, 16, and 23, 2010.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of December 14, 2010. (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, period ending November 30, 2010. (C2500.F)
ACTION: Received and filed.
AGREEMENTS
3.5 Agreement with Orange County Transportation Authority (OCTA) for Design
and Construction of the Chapman Avenue Turn Lane between the Northbound
State Route 55 Off -ramp and Yorba Street. The proposed agreement will secure
the reimbursement of $145,934.00 to the City for the design and construction costs
of the project. (A2100.0 Agr -5697)
ACTION: Approved the Agreement and authorized the Mayor and City Clerk to
execute the Agreement on behalf of the City.
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3. CONSENT CALENDAR (Continued)
BIDS
3.6 Bid No. 101 -19; Annual Concrete Replacement at Various Locations, FY 2010 -11.
Approval of plans and specifications and authorization to advertise for bids.
(S4000.S.3.2)
ACTION: Approved plans and specifications and authorized advertising for bids for
the Annual Concrete Replacement at Various Locations, FY 2010 -11 Project.
3.7 Bid No. 101 -20; Approval of plans and specifications, and request authorization to
advertise for bids for Installation of" Efficient Heating, Ventilation, and Air
Conditioning (HVAC) System at the Corporation Yard and El Modena Library
Branch Buildings Project funded by Energy Efficiency and Conservation Block
Grant (EECBG). (C2500.M.5)
ACTION: Approved plans and specifications and authorized advertising for bids for
Installation of Efficient HVAC System at the Corporation Yard and El Modena Library
Branch Buildings Project.
3.8 Final Acceptance of Bid No. 067 -43; Citywide Traffic Striping, Pavement Marking
and Raised Pavement Markers Project performed by Orange County Striping,
Inc., and authorization to file the Notice of Completion with the County Recorder.
( No staff report required) (A2100.0 Agr -5087)
ACTION: Accepted public work improvements, authorized release of Developers
Surety and Indemnity Co. of California Bond No. 838877 in the amount of $97,925.00
to the contractor on said job, and authorized the Mayor and City Clerk to execute the
Notice of Completion.
3.9 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. Dan Sample
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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3. CONSENT CALENDAR (Continued)
COMMITTEES
3.10 Consideration of appointment of City Council Members to City and Regional
Boards. (C2500.D)
Note: Mayor Cavecche noted the amended list included in the hot file.
ACTION: Approved the following appointments:
MAYOR CAROLYN CAVECCHE
• Joint Powers Fire Training Authority
• Foothill - Eastern Transportation Corridor Agency
• Cities - Schools Coordinating Committee
• City Audit Committee (Ex- officio Member)
MAYOR PRO TEM TERESA SMITH
• Cities - Schools Coordinating Committee
• Orange Housing Development Corporation (Ex- Officio Member)
COUNCILMEMBER FRED WHITAKER
• Foothill- Eastern Transportation Corridor Agency (alternate)
• Orange Housing Development Corporation (Ex- officio Member)
• City Audit Committee (Ex- officio Member)
COUNCILMEMBER JON DUMITRU
• Growth Management Area Committee (alternate)
• Orange County Sanitation District
• Trauma Intervention Prevention (TIP) Advisory Board
COUNCILMEMBER DENIS BILODEAU
• Growth Management Area Committee
• Orange County Vector Control District Board
• Orange County Sanitation District (alternate)
• Santa Ana Flood Protection Agency
CONTRACTS
3.11 Award of Contract for Bid No. 101 -13; Main Street Widening and Water Main
Line Improvement Project. (A2100.0 Agr -5698)
ACTION: Awarded the contract in the amount of $2,905,938.65 to GMC Engineering,
Incorporated and authorized the Mayor and City Clerk to execute the documents on
behalf of the City.
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3. CONSENT CALENDAR (Continued)
3.12 Award of Contract for Bid No. 101 -14; Tustin Street and Meats Avenue
Intersection Improvements. (A2100.0 Agr -5699)
ACTION: Awarded the contract in the amount of $1,275,961.70 to Excel Paving
Company and authorized the Mayor and City Clerk to execute the documents on behalf
of the City.
3.13 Contract Change Order No. 1 and Final — Bid No. 101 -08; 185 South Main Street
Building Alteration. (A2100.0 Agr -5659)
ACTION: Approved Contract Change Order No. 1 and Final in the amount of
$4,947.50 to Alley Cat Development.
PARCEL MAPS
3.14 Parcel Map No. 2010 -114 — Request for approval. (C2500.M.16.2)
ACTION: Approved the Parcel Map No. 2010 -114 and accepted the dedication of
Santiago Boulevard street right of way.
PURCHASES
3.15 Approve the purchase and installation of a Storage Area Network for the Police
Department. (A2100.0 Agr -5701)
ACTION: 1) Approved Agreement with Sidepath, Inc. for the purchase and installation
of a Storage Area Network for the Orange Police Department in the amount of
$162,542.16; and 2) Appropriated $81,271.08 from available fund balance from the
Asset Seizure Fund (Fund 355) to account 355.4011.56033.19640 (Asset Seizure Fund
— Technology Upgrades).
RESOLUTIONS
3.16 RESOLUTION NO. 10531 (T2200.0)
A Resolution of the City Council of the City of Orange approving the submittal of
transportation improvement projects to the Orange County Transportation Authority
(OCTA) for funding under the Renewed Measure M (M2) of the Comprehensive
Transportation Funding Program.
ACTION: 1) Approved Resolution No. 10531; and authorized the Mayor and City
Clerk to execute on behalf of the City; and 2) Approved the submittal of the three
proposed transportation improvement projects to the Comprehensive Transportation
Funding Program for Fiscal Years 2011/12 through 2013/14 as administered by OCTA.
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3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.17 RESOLUTION NO. 10532 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
No. LL 2010 -05 merging three lots of certain real properties situated at 122, 130 and
140 South Hewes Street, in the City of Orange, County of Orange, State of California.
Discussion Mayor Cavecche stated that she had received complaints on the condition
of this property, and asked that staff address the graffiti problem.
MOTION: Cavecche
SECOND: Dumitru
AYES: Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to approve Resolution No. 10532.
3.18 RESOLUTION NO. 10515 (C2500.J.1.0.1)
A Resolution of the City Council of the City of Orange amending the Master Schedule
of Fees and Charges for Alarm Permit Fees and False Alarm Fees.
(Continued from December 14, 2010.)
ACTION: Approved.
MOTION - Smith
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Item 3.17 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 —
Councilmember Bilodeau raised the issue of amending the Orange Municipal Code to
require a Council vote on reorganization of the City Council after each municipal
election.
No direction was given on this item.
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6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS
7.1 Report on excluding elected City officials from the California Public Employee
Retirement System (PERS). (I1200.0.3.4)
Discussion — City Attorney David DeBerry reported that the amendment to the PERS contract
would exclude the City Council, as well as the elected City Treasurer and City Clerk. In lieu
of being enrolled in PERS, the elected officials would be enrolled in the deferred compensation
plan established for part-time employees. He further explained that the amendment would not
apply to the current elected officials, as the exclusion would only affect those enrolling after
the effective date of the amendment.
Council discussed that future Councils could decide to change the PERS contract back by
simply amending the contract, and that a better option would be to allow the voters to more
permanently change the benefit through a ballot initiative. It was noted that amending the
contract would be an important symbolic move, given that City employee associations have
begun negotiating PERS costs.
In response to a question from Councilmember Dumitru, City Attorney David DeBerry agreed
to bring back to Council the provisions on whether a former Councilmember would be able to
buy into the system, if re- elected at a future date.
MOTION - Cavecche
SECOND -Smith
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved that the contract with PERS be amended to exclude elected officials. Directed that the
City Clerk provide a cost estimate for Council to consider placing this issue on a future ballot.
7.2 Direction by City Council concerning issues to be addressed at the January 25,
2011 Water Rates Public Hearing.
Direction was given to the Public Works Director to provide more information at the January
25`" public hearing on whether other cities subsidize water rates from their General Fund;
whether other cities profit on their Enterprise Water Fund; whether increases have come from
overhead or product; requested an updated profit and loss statement; requested amount of
revenue on volume of water sold in FY 09 -10 and (projected) in FY 10 -11, as well as the per
acre foot breakdown on total fee revenue; requested FY 10/11 expenditures based upon year -
to -date data rather than the budgeted amounts; requested the amount that water assets have
been selling for; and the relationship of water rates to other services (street sweeping, tree
trimming, etc.), providing two others scenarios, in addition to the current one.
No discussion ensued.
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8. REPORTS FROM CITY MANAGER
8.1 Review of Information Technology Outsourcing Proposals. (A2100.0 Agr -5700)
Discussion — Acting Assistant City Manager Rick Otto provided a staff report on the process
followed that led to the recommendations before Council. In response to a question from
Mayor Cavecche, he explained that changes had been made after an IT assessment came to
Council in 2009; and that a change of leadership in the ACS office effected positive changes to
their operations. He reported that Nexlevel IT had been hired as a consultant to aid in the
evaluation process. He then introduced the IT RFP Steering Committee consisting of Fire
Chief Bart Lewis, Library Director Yolanda Moreno, Finance Director Rich Jacobs, and Police
Captain Dan Cahill. The team members provided Council with their evaluation of the two
proposals.
Mr. Otto responded to questions by Council, reporting the level of risk with each company;
that there would be an evaluation in six months; duration of the contract; GIS functions to be
added to IT contract (now being performed in- house); the two companies' experience with
disaster recovery; and the steps taken to keep the process as unbiased and secure as possible.
Speakers —
Steve Sheldon, representing Synoptek, Inc. — requested a continuance to review and respond to
the evaluations and recommendations.
Tim Britt, CEO, Synoptek, Inc. — commended committee members, spoke on new model of
shared services being proposed, and requested a continuance.
Paul Dorin, Vice President of Government solutions, ACS — thanked the City and commended
the evaluation process.
Councilmember Bilodeau suggested a continuance for further review; Council agreed to the
continuation.
MOTION
- Bilodeau
SECOND
- Cavecche
AYES
- Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to continue to January 25` meeting at 4:30 p.m. for final action.
8.2 Report on the Evaluation of the Proposed Changes to Fire and Emergency
Medical Service. (C2500.H)
Discussion — Fire Chief Bart Lewis provided the staff report, comparing the current operation
to the proposed operation. He reviewed the discussions since 2008 to update the operation
with best fire service practices, and at the same time, implement a budget reduction plan,
adding that a consultant has reviewed and supports the proposed changes to go to four - person
engine companies, to include two paramedics per company; and the contracting out of
ambulance services, establishing a public - private partnership. He added that response times
would be improved by these changes, annual salary savings would be realized, and possible
revenue generated from private medical billing company collection methodology.
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CITY COUNCIL MINUTES January 11, 2011
8. REPORTS FROM CITY MANAGER (Continued)
In response to questions from Council, Chief Lewis stated salary savings occurs by reducing
overtime, the Paramedic Subscription program would still cover paramedic service; and he
further detailed the insurance levels.
Mayor Cavecche stated her support for going to four - person engines resulting in improved
service levels; and that although the ambulance services will be privatized, City personnel is
still on site to ensure quality care.
Councilmember Dumitru provided a list of changes to be included in the final RFP:
• Increases to insurance coverage;
• Inclusion of State mandated worker's compensation insurance;
• Minimum bidding qualifications;
• Bidder able to obtain a license to operate in Orange County;
• Bidder should have no history of breach of contract, early termination, or substandard
emergency ambulance services;
• Bidder must have demonstrated experience in medical billing for transport of responder.
Councilmember Dumitru further stated the need for City management to meet with the
firefighters association to memorialize the staffing levels and create an MOU or LOU with
language to protect the City and the firefighters.
Council stated their support of the plan and requested an educational outreach to the
community to understand changes in ambulance services, and changes to the paramedic
subscription program; that the City will have a right of refusal over private ambulance
employees; clarified that the ambulances will be housed at the fire stations; that the phrase
Serving the City of Orange will be on the side of the ambulance vehicles; and that the two
stations not being upgraded are the least busiest.
MOTION - Dumitru
SECOND - Bilodeau
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to: 1) Receive and file the Report on the Evaluation of the Proposed Changes to Fire
and Emergency Medical Service; 2) Direct staff to issue a Request for Proposals for
Emergency Ambulance Services to include additional issues raised by Councilmember
Dumitru; and 3) Direct staff to prepare an implementation plan for the change in staffing on
six of the engine companies.
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9. LEGAL AFFAIRS
January 11, 2011
9.1 ORDINANCE NO. 15 -10 (SECOND READING) (A2500.0 Roads & Streets)
An Ordinance of the City Council of the City of Orange Amending Chapter 12.52 of Title 12 of
the Orange Municipal Code relating to the Acceptance of Roads and Streets into the City's
Street System.
MOTION - Cavecche
SECOND -Smith
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 15 -10 be read by title only and the same was approved and adopted
by the preceding vote.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 7:25 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel — Anticipated Litigation - Significant exposure to litigation
pursuant to California Government Code Section 54956.9(b).
1) One potential case.
b. 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.
There was no 7:00 p.m. session scheduled. The next Regular Council Meeting is scheduled for
Tuesday, January 25, 2011 at 4:30 p.m.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of January 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.
_ 4�: _ w e
MARY E: MURPH C O V. CAV CCHE
CITY CLERK W�YOR
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