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HomeMy WebLinkAbout10-12-2010 Council MinutesAPPROVED BY THE CITY COUNCIL ON OCTOBER 26, 2010 CITY CC'iJNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING October 12, 2010 The City Council of the City of Orange, California convened on October 12, 2010 at 4:30 p.m. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 4:3~ P.M. SESSION 1. OPENING 1.1 INVOCATION Given by John Adams, Chaplain, Town & Country Manor 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Denis Bilodeau 1.3 ROLL CALL PRESENT -Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT -None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS -Recognition of Orange South Sunrise Little League 2010 Majors All-Star Team, District 30 and Section 5 Champions. A Proclamation for World Polio Day was presented to the Rotary Clubs of Orange, Orange Sunrise Rotary, and Orange North Rotary. Announcement of rail safety celebrated at the Palm Street rail crossing as first of many upgrades resulting in quiet zones in Orange. Mayor pro tem Smith thanked all those who have helped make this a reality, including residents Jim Owens, Jim Ott, and Mike Vogelvang. 2. PUBLIC COMMENTS -Debbra DeMarco, Orange, spoke on concerns with the proposed foot bridge on Walnut Avenue. Kurt Yusuf, Orange, spoke on possible waiver of prohibition to display a sign.Greg Lewin, Orange City Firefighter Captain, spoke on the Fire Department'sparticipation in a pink t-shirt fundraiser for breast cancer awareness. Page 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR October 12, 2010 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 23 and 30, 2010. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of September 28, 2010. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.4 Five-year agreement with Videocam, Inc. to provide audio, lighting, staging, and electrical services at the annual Tree Lighting Ceremony and Candlelight Choir Procession and the 3rd of July Celebration. (A2100.0 Agr- 5074.A)ACTION: Approved the agreement with Videocam, Inc.; and authorized the Mayor and City Clerk to execute the agreement on behalf of theCity.3.5 Agreement between Pestmaster Services Inc. and the City of Orange for Weed Abatement services in the amountof $67,500. (A2100.0 Agr-5320.B)A~;TION: Approved the agreement; and authorized the Mayor and City Clerk to execute the agreement on behalf of the City.REMOVED ANDHEARD SEPARATELI~3.6 Fifteenth Amendment to the Information Technology Services Agreement with ACS, Inc. for extending the agreement for an additional five months. (A2100.0 Agr-0978.C.15)NOTE: Councilmember Murphy recorded an abstention on this item due to a possible employment conflict and left CITY COUNCIL MINUTES October 12, 2010 3. CONSENT CALENDAR (Continued) Discussion -Councilmember Dumitru expressed his concerns in extending this contract, noting that the last time the contract was extended, Council was told that no further extensions would be requested. Deputy City Manager Rick Otto explained the reason for the extension stating that staff was performing due diligence in evaluating the two proposals, negotiating terms, checking references, talking to other cities about transition pitfalls, and then provided Council with a timeline for award and transition. Mayor pro tem Smith stated that she supported the extension, noting that there was no additional cost involved; and that she recognized the need for staff to perform due diligence in selecting the new vendor for this multi-million dollar contract.Mayor Cavecche supported the request with the understanding that the 30-day cancellation clause on the current contract would be utilized as soon as the new IT services contractor is chosen. She added that she expected to spend a significant amount of time studying the contract for services prior to making a decision on awarding the contract.Councilmember Bilodeau expressed his support for the extension to allow for staff to perform the necessary evaluation.Councilmember Dumitru stated he would agree to the extension under the condition that no further extensions be granted. He added that once the new vendor is chosen,the 30-day cancellation clause be pursued on the current contract.MOTION - Smith SECOND -Cavecche AYES -Smith, Cavecche, Dumitru, Bilodeau ABSTAIN (RECUSED) -Murphy Moved to approve the Fifteenth Amendment to the Information Technology Services Agreement between the City of Orange and ACS Enterprise Solutions, Inc., and authorize the Mayor and City Clerk to execute the agreement on behalf of theCity.BIDS 3.7 Bid No. 101-11; approval of plans and specifications, and request authorization to advertise for bids for construction of Safe Routes to School (SRTS) Fletcher Avenue Sidewalk Improvements: Batavia Street toGlassellStreet. ( 54000.5.3.2)ACTION: Approved plans and specifications and authorized advertising for bids for the SRTS Fletcher Avenue CITY COUNCIL MINUTES October 12, 2010 3. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELY) 3.8 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. Herbert Chambers Trust b. Robert Hitchcock c. Southern California Edison -Incident Date: 04- 07-10 Discussion -Mayor pro tem Smith noted that two of the claims involved sewer damage and requested a continuance for a full staff report to be provided to Council. She also requested information on the third claim.Councilmember Dumitru requested the street locations of the claims. MOTION -Smith SECOND -Murphy AYES -Smith, Murphy, Cavecche, Bilodeau ABSTAIN - Dumitru Moved to continue to November 9, 2010, with full staff report provided on the details of these claims.Councilmember Dumitru abstained because the locations of the claims were not available.Public Works Director Joe DeFrancesco later reported the street locations for the first two claims listed as a. and b.; and the location of the Edison vault as Marywood Drive.MOTION - Cavecche SECOND - Smith AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to reconsider Item3. 8.MOTION - Smith SECOND - Cavecche AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to continue to November 9, 2010, with full staff report provided on the details of these claims.Page CITY COUNCIL MINUTES October 12, 2010 3. CONSENT CALENDAR (Continued) CONTRACTS 3.9 Award of contract for Bid No. 101-02; City of Orange Weatherization Project for various City buildings funded by Energy Efficiency and Conservation Block Grant. (A2100.0 Agr-5643)ACTION: Awarded the contract in the amount of $118,364to C. A. Granger Construction Inc., and authorized the Mayor and City Clerk to execute on behalf of the City.GRANT OFEXCEPTION 3.10 Grant of exception to maximum loan amount under the City' s Home Improvement Program for Bradley and Windy Horton at 372 N. California Street.Continued from September 28, 2010). (A2100. 0 Agr-1205X)ACTION: 1) Granted an exception to the Home Improvement Program maximum loan amount, and approved an increase of $9,875 in the loan amount; 2) authorized staff ar~d the City Attorney to amend the loan documents to increase the loan amount to notmore than $44,361; and 3) authorized City Manager to execute loan documents.PURCHASE 3.11 Purchase and installation of a Tank Shark tank mixer/ water quality management system from Process Solutions, Inc. to address water stratification and quality in City water reservoirs. (C2500.P)ACTION: Authorized purchase and installation of a Tank Shark tank mixer/water quality management system from Process Solutions, Inc. in the amount nottoexceed 35, 000.00 RESOLUTIONS 3.12 RESOLUTION NO. 10511 ( A2100.0 Agr-5644)A Resolution of the City Council of the City of Orange approving and authorizing the execution of a Cooperation Agreement with the Orange Redevelopment Agency relating to reimbursement by the Orange Redevelopment Agency for a portion of the cost of street widening and improvements affecting Main Street from Culver Avenue to Chapman Avenue within the Orange Merged and Amended Redevelopment Project Area.See related Orange Redevelopment Agency Minutes Item No. 3.3.) CITY COUNCIL MINUTES October 12, 2010 3. CONSENT CALENDAR (Continued) 3.13 RESOLUTION NO. 10513 (T1100.0) A Resolution of the City Council of the City of Orange electing to receive the City's statutory share of tax increment from the Orange Merged and Amended Redevelopment project area. ACTION: Approved. MOTION -Murphy SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Items 3.6 and 3.8were removed and heard separately. Councilmember Murphy recused himself on Item 3.6 due to a possible conflict of employment. All other items were approved as recommended.END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR CAVECCHE -None 5. REPORTS FROM COUNCILMEMBERS -5.1 Councilmember Bilodeau suggested the need for an amendment to the OMC to ban the use of red light cameras in Orange, noting that many cities in Southern California are using the cameras as revenue generators and he did not want to do that in Orange. The City Manager's office was directed to provide information on these devices to Council.Mayor Cavecche stated her agreement with this idea adding that it would in effect be giving a private company the responsibility of performing law enforcement.MOTION -Bilodeau SECOND -Cavecche AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to direct the City Attorney's office to prepare an ordinance for first reading of an amendment to the Orange Municipal Code to ban red light cameras.Page 6 CITY COT_TNCIL MINUTES October 12, 2010 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Appointment of Aaron Schulze to the Orange County Housing Authority Cities Advisory Committee. (OR1800.0.3.2) MOTION - Dumitru SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to appoint Aaron Schulze to the Orange County Housing Authority Cities Advisory Committee. 7. 1~DMfNISTRATIVE•REPORTS -None 8. REPORTS FROM CITY MANAGER -None 9. LEGAL AFFAIRS -None 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 5:25p.m. to a Closed Session for the following purposes:a. Conference with Legal Counsel -Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of California Government Code Section 54956. 9: 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.Page 7 CITY COUNCIL MINUTES October 12, 2010 12. ADJOURNMENT -The City Council adjourned at 6:00 p.m. There was no 7:00 p.m. Session scheduled. The next Regular Meeting is scheduled for October 26, 2010 at 4:30 p.m. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of October 12, 2010 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. V M .MU CITY CLERK L~ V. CAV MAYOR Page 8