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HomeMy WebLinkAbout10-26-2010 Council MinutesAPPROVED BY THE CITY COUNCIL ON NOVEMBER 9, 2010 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING October 26, 2010 The City Council of the City of Orange, California convened on October 26, 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 Warren Johnson, Senior Chaplain, Orange County Fire Authority 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Jon Dumitru 1.3 ROLL CALL PRESENT -Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT -None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of $150,000 donation for the Grijalva Sports Center, in celebration of Chapman University's 150`h Anniversary, by President Jim Doti, and Alumni Association President, Robert Diaz. Employee Service Recognition. ANNOUNCEMENTS Treats in the Streets Autumn Festival, October 28, 2010, from 4:00 to 7:00 p.m. in the Plaza area. Veterans Day tribute at Depot Park on Thursday November 11, 2010. Mayor Cavecche and Mayor pro tem Smith commented on the Council and Planning Commission tenure of Councilmember Mark Murphy who will be leaving office on December 7, 2010. 2. PUBLIC COMMENTS Linda Lewis, Second Harvest Food Bank, announced the door-to-door collection of non-perishable food by scout troops on November 6. In addition, they are collecting at participating Albertson's Stores on the same CITY COUNCIL MINUTES 3. CONSENT CALENDAR October 26, 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 October 7 and 14, 2010. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of October 12, 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 September 30, 2010. (C2500.F) ACTION: Received and filed. AGREEMENTS 3.5 Agreement with GMF Sound Inc., for the Installation of an Audio/Visual System at the Grijalva Sports Center. (A2100.0 Agr- 5642)ACTION: 1) Found that only GMF Sound, Inc. is able to supply the materials,equipment and labor needed for the completion of the Audio/Visual system at the Grijalva Sports Center within the time frame necessary to meet the opening of the Sports Center to the general public and on the basis of the facts set forth herein, thereby dispensing with competitive bidding requirements; 2) Approved the agreement and authorized the Mayor to execute and the City Clerk to attest the Agreement on behalf of the City.Page CITY COUNCIL MINUTES October 26, 2010 3. CONSENT CALENDAR (Continued) 3.6 Agreement between Bureau Veritas North America, Inc. and the City of Orange for Plan Checking services. (A2100.0 Agr-3100. G)A(;'TION: Approved agreement; and authorized the Mayor and City Clerk to execute on behalf of the City in the amount of $50,000, FY 2010-11.3.7 Agreement with General Pump Company for rehabilitation of Well 24. ( A2100. 0 Agr-5648)ACTION: Authorized the rehabilitation of Well 24 by General Pump Company in the amountof $76,029.86; and approved the agreement, and authorized the Mayor and City Clerk to execute the agreement on behalf of theCity.APPROPRIATION 3.8 Police Department Dispatch Center console replacement and headsets for VIPER 9-1-1 System; GIS software and equipment upgrades; training console, and CAD computer monitor upgrades. (C2500.K)NOTE: Councilmember Murphy recorded an abstention on this item due to a possible employment conflict.ACTION:1} Appropriated $65,824.85 from the General Fund intotheDispatch Program:100.4012.55131. 20056 $65,824.85Equipment 2) Appropriated $19,246.54 from Federal Asset Forfeiture, intotheDispatch Program:355.4012.55131. 20056 $19,246.54 Equipment 3) Amended the FY 10-11 Revenue Account No. 100.4012.45330.20056 fortheanticipated state reimbursementof $73,390.34.BIDS 3.9 Final Acceptance of Bid No. 089- 31 New Cannon Booster Pump Station W-645,and authorization to file Notice of Completion withthe County Recorder No staff report required). (A2100.0 Agr-5442)ACTION: Accepted public work improvements; authorized release of Western Surety Company, Bond No. 58659702, in the amount of $1,793,000.00 and authorized the Mayor and City CITY COUNCIL MINUTES October 26, 2010 3. CONSENT CALENDAR (Continued) 3.10 C:f~,AIMS (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. Los Angeles Engineering Company - 10/2008 - 04/2010b. Albert & Suzanne Sanchez ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.MOTION - Dumitru SECOND -Cavecche AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Councilmember Murphy abstained on Item 3.8 due toa potential conflict of interest related to employment. All 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 7. ADMINISTRATIVE REPORTS - Off-Agenda Item -7. 1 Temporary Suspension of Permit Parking in the El Modena High School Area for Special Event to be held October 29 through 31, 2010. (54000.5.3.1.2)MOTION -Cavecche SECOND -Smith AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to find that the matter of suspension of Permit Parking in the El Modena High School Area arose after the posting of the agenda and there is a need to take immediate action.Page 4 CITY COUNCIL MINUTES October 26, 2010 7. ADMINISTRATIVE REPORTS (Continued) Discussion -Deputy City Manager Irma Hernandez gave the staff report, stating that in considering this event the focus was safety, logistics, and that a clear parking and traffic plan be provided by organizers. Mayor pro tem Smith clarified with staff various aspects of the event including the experience of the carnival company, carnival employee housing logistics, fees, searching for weapons at the entry gate, and the existence of an emergency plan. Mr. Larry Cohn, Festival Co-Chair, responded that the carnival company has provided rides and games for various events including the Del Mar fair; that temporary living quarters are provided for employees; there is no entry fee, but fees will be charged for rides and food; that security is being provided by parent volunteers and the school security force; that the proceeds are to be used for El Modena grad night activities; and that a team of parents with security backgrounds is involved.Deputy City Manager Irma Hernandez, responding to questions by Mayor pro tem Smith,stated that the Police Department is aware of the sleeping arrangements for carnival workers and has agreed to it. She added that guests will be searched at the entrance gate; and that a condition for holding the festival is that details on a security plan be provided and approved by the Police Department in a timely manner. She stated that the Grad Night Committee has provided a bond to fund two reserve police officers to be on the grounds throughout the event.MOTION - Dumitru SECOND -Bilodeau AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to approve temporary suspension of permit parking in Permit Area D and G and temporarily authorize on-street parking on the west side of McPherson Road between Spring Street and Pearl Street (adjacent to Grijalva Park at Santiago Creek) on October 29, 30, and 31, 2010.8. REPORTS FROM CITY MANAGER - None 9. LEGAL AFFAIRS - None 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY Page CITY COUNCIL MINUTES October 26, 2010 11. RECESS TO CLOSED SESSION The City Council recessed at 5:15 p.m. to a Closed Session for the following purposes: a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiators: Human Resources /Employee Relations Director Steven Pham and Assistant Human Resources Director Mike Harary. Employee Organizations: All Bargaining Units b. Conference with Legal Counsel--Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of California Government Code Section 54956.9: One potential case.c. Conference with Legal Counsel -Existing Litigation pursuant to Government Code Section 54956.9( a):Rita Camargo v. City of OrangeU.S. District Court Case No. SACV10-442 DOC (RNBx)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 adjournedat 6:15 p.m.There wasno 7:00 p.m. session. The next Regular Council Meeting is scheduled for Tuesday,November 9, 2010at 4:30 p.m.Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of October 26, 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. A, 4~MU CITY CLERK