Council Minutes 07/10/12APPROVED BY THE CITY COUNCIL ON AUGUST 14, 2012
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
July 10, 2012
The City Council of the City of Orange, California convened on July 10, 2012 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 Paul Wood, Calvary Chapel East Hills
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Carolyn Cavecche
1.3 ROLL CALL
PRESENT - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
AB SENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Mayor Cavecche announced the series of Concerts in the Park to begin on July l 1 1h at
Hart Park.
2. PUBLIC COMMENTS — Thomas Eckert spoke against outsourcing the operation of
the library.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
July 10, 2012
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 June 21 and June 28, 2012.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of June 26, 2012, and Special Meeting of
July 5, 2012. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 Second Amendment to Agreement with All American Asphalt for Asphalt
Replacement at Various Locations for FY 2012 -13, in the amount of $508,000.00.
(A2100.0 Agr- 5597.2)
NOTE: Councilmember Whitaker recused himself due to a potential conflict with his
employment.
ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute
on behalf of the City.
3.5 Agreement with Judicial Data Systems Corporation for Parking Citation
Processing, in an amount not to exceed $40,200.00. (A2100.0 Agr- 3553.L)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.6 Agreement with California Forensic Phlebotomy, Inc. for Evidence Collection in
Incidents that Involve DUI and Drugs, in an amount not to exceed $123,000.00.
(A2100.0 Agr - 1626.0)
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 July 10, 2012
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.7 Agreement with VisionAIR, Inc., for Software Upgrades and Maintenance for the
Police Department's Computer -aided Dispatch and Records Management System,
in the amount of $99,361.24. (A2100.0 Agr- 3217.K)
Discussion — Councilmember Whitaker asked about the time frame for completion of
the assessment on the Records Management and Computer Aided Dispatch systems.
Councilmember Dumitru asked if the CAD system had AVL capabilities to cut down
on response times.
Mayor Cavecche asked that Council be provided with a memo on system capabilities,
completion timetables, and whether grants may be available to assist with the funding
as Council has stated support for equipment needs.
MOTION - Whitaker
SECOND - Dumitru
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to approve the agreement and authorize the Mayor and City Clerk to execute on
behalf of the City.
3.8 Agreement with MSW Consultants to Conduct a Performance Audit of the City's
Integrated Solid Waste Services Agreement with CR &R, Inc., in the amount of
$35,000.00 to be reimbursed by CR &R, Inc. (A2100.0 Agr -5894)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.9 First Amendment to Agreement with Nieves Landscape Inc. for Landscape
Maintenance Services for City Facilities and Public Rights -of -Way, in the amount
of $11,800.07, over the next four years. (A2100.0 Agr - 5778.1)
ACTION: Approved the agreement and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.10 Agreement with General Pump Company for Repair and Rehabilitation of Well
23, in the amount of $63,627.97. (A2100.0 Agr -5895)
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 July 10, 2012
3. CONSENT CALENDAR (Continued)
3.11 Agreement with Davey Resource Group for the Street Tree Master Plan Update
project, in the amount of $69,475.00. (A2100.0 Agr -5896)
ACTION: Appropriated $69,475.00 from 220 Unreserved Fund Balance to Account
No. 220.5022.56330.20121; and Approved the agreement and authorized the Mayor
and City Clerk to execute on behalf of the City of Orange.
BIDS
(REMOVED AND HEARD SEPARATELY)
3.12 Rejection of Bids — Bid No. 112 -21; Street Lighting Improvements FY 2011 -12, on
Cypress Street and Almond Avenue; and authorization to re- advertise for bids.
(S4000.S.3.10)
NOTE: Councilmember Whitaker recused himself due to a potential conflict with his
employment.
Discussion — Mayor pro tem Bilodeau questioned the rejection of the bids. He further
stated he opposed the use of the Edison money for this project, preferring its use on
underground utilities, and sidewalk repair.
Mayor Cavecche requested staff to provide Council with information clarifying the
intent of the rejection and Council's options.
Councilmember Smith stated that the street lights were not only decorative, but. energy
efficient, reduced glare for neighbors, and provided additional lighting for the area.
She requested the energy efficiency details be provided as well.
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Cavecche, Bilodeau, Dumitru
ABSENT (RECUSED) - Whitaker
Moved to continue to the July 24 Council meeting.
NOTE: The item will be heard at the August 14, 2012 City Council meeting.
3.13 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. Scott McMaster
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES July 10, 2012
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.14 Award of Contract — Bid No. 112 -24; to Midwest Environmental Control, Inc., for
Asbestos and Lead Abatement, and Demolition of Buildings at 180 S. Water
Street, in the amount of $71,520.79. (A2100.0 Agr -5897)
ACTION: 1) Appropriated $78,673.00 from Account No. 550.0000.48210.20158
(Expense Reimbursement) to Account No. 550.5011.56012.20158 (CIP — Property
Acquisition); and 2) Awarded the contract and authorized the Mayor and City Clerk to
execute on behalf of the City.
PURCHASES
3.15 Purchase of Police Department Uniforms and Accessories from Galls, Inc. through
a Cooperative Purchasing Agreement for FY 2012 -13, in the amount of $50,000.
(C2500.K)
ACTION: Authorized purchase.
3.16 Purchase of Police Department Uniforms and Accessories from Quartermaster
through a Cooperative Purchasing Agreement for FY 2012 -13, in the amount of
$40,000. (C2500.K)
ACTION: Authorized purchase.
3.17 Purchase of Police Department Winchester Law Enforcement Ammunition from
Dooley Enterprises, Inc. as a sole source vendor for FY 2012 -13, in the amount of
$70,000.00. (C2500.K)
ACTION: Authorized purchase.
3.18 Purchase of Print Materials for Orange Public Library Facilities from Baker &
Taylor, Inc., in the amount of $50,000. (C2500.I)
ACTION: Authorized purchase.
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CITY COUNCIL MINUTES July 10, 2012
3. CONSENT CALENDAR (Continued)
GRANTS
3.19 Gang Reduction, Intervention and Prevention (GRIP) grant through the
California Emergency Management Agency (CaIEMA) to fund overtime costs for
curfew and truancy sweeps, and directed suppression enforcement activities.
Grant funds will also be provided to fund three agencies for at -risk youth
mentoring, tutoring, and counseling services. All expenditures are reimbursed by
CaIEMA. (A2100.0 Agr -5898; 5899; 5900; 5901)
ACTION:
1) Authorized the City Manager or his designee to execute the agreements between the
City and the County of Orange for $14,104, Friendly Center, Inc. for $20,000, Big
Brothers /Big Sisters of Orange County, Inc. for $50,000, and Pepperdine University for
$10,000;
2) Appropriated $250,000 from Account No. 100.4032.45495.30014, to the following
Accounts:
100.4032.50221.30014.0038 (Safety - Overtime —GRIP Curfew Sweeps) $ 52,320
100.4032.50221.30014.0039 (Safety- Overtime —GRIP Truancy Sweeps) $ 28,248
100.4032.50221.30014.0040 (Safety - Overtime —GRIP Probation Sweeps) $ 60,396
100.4032.50222.30014.0038 (Non Safety Overtime —GRIP Curfew Sweeps) $ 7,104
100.4032.50222.30014.0039 (Non Safety Overtime —GRIP Truancy Sweeps) $ 3,552
100.4032.55131.30014 (Equipment -GRIP) $ 4,276
100.4032.51670.30014 (Other Professional and Consulting -GRIP) $ 94,104
TOTAL $ 250,000
3) Transferred $57,684 of FY 13 overtime funds from the approved Gang budget for grant
match, as follows:
Account No. 100.4032.50221 to Account No. 100.4032.50221.20055.0039
(Safety- Overtime —GRIP Match - Truancy Sweeps), in the amount of $28,248;
Account No. 100.4032.50222 to Account No. 100.4032.50222.20055.0039
(Non Safety- Overtime —GRIP Match Truancy Sweeps), in the amount of $3,552; and
Account No. 100.4032.50221 to Account No. 100.4032.50221.20055.0040
(Safety- Overtime —GRIP Match Probation Sweeps), in the amount of $25,884.
REPORTS
3.20 Report on Library Services and Programs. (C2500.I)
ACTION: Received and filed.
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CITY COUNCIL MINUTES July 10, 2012
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
(REMOVED AND HEARD SEPARATELY)
3.21 RESOLUTION NO. 10674 (C2500.J.4.6)
A Resolution of the City Council of the City of Orange Amending Resolution No.
10589 for Top Management Employees.
Discussion — Mayor pro tem Bilodeau stated his support for the Fire Chief's base salary
increase and reminded that Exhibit A to the Resolution was missing the footnote
regarding the Police Chief's base salary.
MOTION - Bilodeau
SECOND - Dumitru
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Moved to approve Resolution No. 10674 with adding to Exhibit A the footnote relating
to the Police Chief's salary.
MOTION - Cavecche
SECOND - Dumitru
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Councilmember Whitaker recused himself from Items 3.4 and 3.12 due to potential
employment conflicts. Items 3.7, 3.12, and 3.21 were 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
5.1 Mayor pro tern Bilodeau — Request to consider Placement of Ballot Measure on the
November 2012 Election to Tighten Term Limits. (C2500.D)
NOTE: Mayor pro tem Bilodeau requested this item be removed from the Agenda and was not
discussed.
(NO ACTION TAKEN)
Mayor pro tern Bilodeau - reported that the presence of Fire Ants near City Hall has been
confirmed and treatment is scheduled.
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CITY COUNCIL MINUTES July 10, 2012
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS — None
7. ADMINISTRATIVE REPORTS — None
8. REPORTS FROM CITY MANAGER — None
9. LEGAL AFFAIRS
9.1 Consideration of Resolutions to Conduct the November 6, 2012, General
Municipal Election related to the Ridgeline Equestrian Estates Project Referendum,
Resolution No. 10566 approving General Plan Amendment No. 2007 -0001. (E1100.0)
Discussion — Interim City Attorney Wayne Winthers provided Council their options based on
election timelines, and the Appellate Court ruling that is expected soon. He also explained
Election Law 9287 which provides for a process followed by the city election official to
determine which argument, if multiple arguments are received, is selected.
Speaker — Donald Bradley, Orange Park Acres (OPA) board member, spoke in favor of
Resolution No. 10671, and opposition to Resolution No. 10673.
Council discussed merits of approving Resolution No. 10671 to identify the authors of the
arguments, along with whether or not to allow rebuttal arguments, and how the Appellate
Court's ruling will affect the ballot measure.
Councilmember Whitaker discussed the OPA community writing the "for" argument, and
whether the Council should write the "against" argument.
Mayor Cavecche stated her preference to allow the developer of the project and the opposing
community to write the arguments, and the City Attorney to write the impartial analysis.
Councilmember Smith supported allowing rebuttal arguments to allow for the public opinion to
be known. She further stated she did not agree with the Council writing an argument, and
reminded that she had voted against the project.
Councilmember Dumitru stated the referendum was in response to the Council's action on the
project, so the Council should be allowed to write the opposing argument.
Mayor pro tem Bilodeau stated he was willing to be accountable for the Council's approval of
the project, and the argument could state the Council's reasoning for the decision.
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CITY COUNCIL MINUTES July 10, 2012
9. LEGAL AFFAIRS (Continued)
RESOLUTION NO. 10671
A Resolution of the City Council of the City of Orange Setting Priorities for Filing Written
Arguments and Permitting Rebuttal Arguments Regarding City Measure Resolution No. 10580
(and Directing the City Attorney to Prepare an Impartial Analysis).
MOTION - Cavecche
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche
NOES - Bilodeau, Dumitru
Moved to approve Resolution No. 10671, to include the section that allows written arguments
from individuals or organizations of the community, but not the Council, and striking
"permitting of rebuttal arguments" from the title of the resolution.
RESOLUTION NO. 10672
A Resolution of the City Council of the City of Orange Providing for the Filing of Rebuttal
Arguments Regarding City Measure Resolution No. 10580.
MOTION - Whitaker
SECOND - Cavecche
AYES - Whitaker, Cavecche, Bilodeau, Dumitru
NOES - Smith
Moved to deny Resolution No. 10672, thereby disallowing rebuttal arguments.
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CITY COUNCIL MINUTES
9. LEGAL AFFAIRS (Continued)
July 10, 2012
9.2 Consideration of Resolution to Rescind and Repeal Resolution No. 10580, and
10581 related to the Ridgeline Equestrian Estates Project Referendum. (E1100.0)
Discussion — Council discussed continuing this item to the next meeting to allow time for the
appellate court to rule, and still be within the 30 days provided by the trial court.
RESOLUTION NO. 10673
A Resolution of the City Council of the City of Orange, Rescinding and Repealing Resolutions
Nos. 10580 and 10581 Calling for the Holding of a General Municipal Election on the
Submission to the Voters of a Referendum Related to a General Plan Amendment Adopted as
Part of the Approvals for the Ridgeline Equestrian Estates Project and Requesting Consolidation
of Such Election with the Statewide Election to be held on Tuesday, November 6, 2012.
MOTION - Whitaker
SECOND - Smith
AYES - Whitaker, Smith, Cavecche
NOES - Bilodeau, Dumitru
Moved to continue to the July 24 Council meeting.
10. ITEMS RELATING TO THE SUCCESSOR AGENCY TO THE ORANGE
REDEVELOPMENT AGENCY
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CITY COUNCIL MINUTES
11. RECESS TO CLOSED SESSION
July 10, 2012
The City Council recessed at 5:36 p.m. to a Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: Jeffrey Freedman, Special Counsel, Rick Otto, Assistant City Manager,
Steven Pham, Human Resources /Employee Relations Director, and Mike Harary, Assistant
Human Resources Director
Employee Organizations: All Bargaining Units
b. Public employee appointment /employment pursuant to Government Code Section 54957:
Title: City Attorney
c. Conference with Legal Counsel — Anticipated Litigation - Significant exposure to litigation
pursuant to California Government Code Section 54956.9(b).
1) 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 6:55 p.m.
There was no 7:00 p.m. session.
The next Regular City Council meeting will be held on Tuesday, July 24, 2012 at 4:30 p.m. in
the Council Chambers.
Declaration of Chief Clerk, Robert Zornado, declaring posting of City Council agenda of a
regular meeting of July 10, 2012 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.
_ I
URPHY C OL V. CAVEC
CITY CLERK MAYOR
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