Council Minutes 04/24/12APPROVED BY THE CITY COUNCIL ON MAY 8, 2012
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
April 24, 2012
The City Council of the City of Orange, California convened on April 24, 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 Bob Burris, Taft Avenue Community Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Carolyn Cavecche
1.3 ROLL CALL
PRESENT - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of Resolution to City Attorney David DeBerry
Recognition of Employee Service
Proclamation honoring Arbor Day in Orange
Mayor Cavecche announced the dedication of the Steve Ambriz Park at the Riverbend
Community on April 28
2. PUBLIC COMMENTS —
David A. Flanagan suggested improvements to the landscaping at the city's water plant
on Water Street.
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CITY COUNCIL MINUTES
April 24, 2012
Camille Coronel spoke on the Project PATH alcohol, tobacco and other drug
prevention program, and recognized five businesses in Orange that have been TIPS
(intervention procedures) certified.
3. CONSENT CALENDAR
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 April 5 and April 12, 2012.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of April 10, 2012 and Special Meeting of
April 18, 2012. (C2500.D.4)
ACTION: Approved.
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
BIDS
3.4 Bid No. 112 -13; Community Development Block Grant (CDBG) Project —
Americans with Disabilities Act (ADA) Wheelchair Access Ramps at Various
Locations, FY 2011 -12. Approval of plans and specifications, and request for
authorization to advertise for bids. (S4000.S.3.2)
ACTION: 1) Approved plans and specifications and authorized advertising for bids for
the CDBG ADA Wheelchair Access Ramps at Various Locations, FY 2011 -12; and 2)
Approved the transfer of $16,000.00 between the following accounts: Account No.
310.9645.57130.11070 (CDBG Contingency Fund) to Account No.
310.9645.56330.11328 (ADA Improvements).
3.5 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. Mohammad Tamary
b. Marilyn K. Goodwin
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES April 24, 2012
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.6 Final Acceptance of Bid No. 101 -17; East Chapman Avenue Traffic Signal
Coordination Project — project performed by Pro Tech Engineering Corp. No
staff report required.) ( A2100.0 Agr -5720)
ACTION: Accepted public work improvements; authorized release of Aegis Security
Insurance Co. of Pennsylvania, Bond No. CTR- 3000646 in the amount of $296,250.00
to the contractor of said job, and authorized the Mayor and City Clerk to execute the
Notice of Completion.
3.7 Final Acceptance of Bid No. 101 -38; Old Towne Street Lighting Improvements —
project performed by California Professional Engineering, Inc. (No staff report
required.) (A2100.0 Agr -5803)
ACTION: Accepted public work improvements; authorized release of The Hanover
Insurance Co. of New Hampshire, Bond No. 1941211 in the amount of $340,635.00 to
the contractor of said job, and authorized the Mayor and City Clerk to execute the
Notice of Completion.
3.8 Award of Contract — Bid No. 112 -12; to Kormx, Inc., for Annual Concrete
Replacement at Various Locations for FY 2011 -12 in the amount of $472,700.00.
(A2100.0 Agr -5865)
ACTION: Awarded the contract and authorize the Mayor and City Clerk to execute on
behalf of the City.
PARKING
3.9 Approval of NO FEE Parking Permits in Municipal Parking Lot No. 2 on S.
Orange St. for the Assistance League of Orange (10 permits), and the First United
Methodist Church (2 permits). (S4000.S.3.1.2)
ACTION: Approved the requests and issued the parking permits to be valid from July
1, 2012 through December 31, 2012; and also from January 1, 2013 through June 30,
2013.
MOTION - Whitaker
SECOND - Bilodeau
AYES - Whitaker, Smith, Cavecche, Bilodeau, Dumitru
All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES April 24, 2012
4. REPORTS FROM MAYOR CAVECCHE - None
5. REPORTS FROM COUNCILMEMBERS
Councilmember Dumitru — Commented on the possibility of establishing an amnesty
program for businesses that have fallen behind in paying for their business license. He
requested a list of businesses that have fallen into that category be provided to Council.
Councilmember Whitaker suggested a review of the business license regulations in the
Municipal Code, and asked how many businesses have fallen behind.
Mayor Cavecche asked Councilmember Dumitru to work with the City Manager and the
Finance Director to explore options for Council consideration.
Mayor pro tem Bilodeau — Commented on Orange's street sweeping fines being high, and
requested staff survey amounts of other cities' fines for comparison and possible adjustment.
Mayor Cavecche requested, in addition to the survey, a memo on the breakdown of where the
dollars go, stating that the County and State get a significant portion of the fine.
Councilmember Whitaker stated that the information may be available through the Association
of California Cities, Orange County website.
Councilmember Smith stated she had received complaints on the lack of enforcement, resulting
in streets not being swept.
Mayor pro tem Bilodeau — Commented on the need for digital recording devices in Police
vehicles to protect against liability. City Manager John Sibley stated the need to pursue this
through the RFP process.
Councilmember Smith — Commented on both sides of the streets west of the train depot being
posted for street sweeping on Tuesdays which then results in the Metrolink parking lot
becoming impacted. She suggested possibly alternating the sides of the streets being swept
each week to address the problem.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS - None
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS - None
10. ITEMS RELATING TO THE SUCCESSOR AGENCY TO THE ORANGE
REDEVELOPMENT AGENCY — None.
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CITY COUNCIL MINUTES April 24, 2012
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:20 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. Conference with Legal Counsel — Existing Litigation pursuant to California Government
Code Section 54956.9(b).
1) Vasquez v. Rackaukas, U.S. Court of Appeal, Ninth Circuit. Case No. 11- 55795.
2) All Towing Services, Inc. v. City Council of the City of Orange, et al.,
OCSC Case No.: 30- 2011 - 00456419.
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. Conference with Real Property Negotiator - Real property negotiations pursuant to
Government Code Section 54956.8:
Property: 521 West Maple Avenue.
Successor Agency's Negotiator: Lisa Kim, Acting Economic Development Manager, Mary
Ellen Laster, Senior Housing Manager, and Aaron Schulze, Project Coordinator.
Negotiating Parties: Successor Agency to the Orange Redevelopment Agency and William L.
Kesserman and Jacquelyn N. Kesserman.
Under Negotiation: Price and terms of payment.
e. 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 7:30 p.m.
There was no 7:00 p.m. session. The next Regular City Council meeting will be held on
Tuesday, May 8, 2012 at 4:30 p.m. in the Council Chambers.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of April 24, 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 mee ting; and available at the Civic Center City Clerk's Office.
ELINA ANDRELUS
bEPT 1TY CITY CLERK
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