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Council Minutes 10/11/11APPROVED BY THE CITY COUNCIL ON OCTOBER 25, 2011 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA October 11, 2011 The City Council of the City of Orange, California convened on October 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 Tim Klinkenberg, St. John's Lutheran Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Fred Whitaker 1.3 ROLL CALL PRESENT - Whitaker, Smith, Cavecche, Dumitru, Bilodeau ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of Proclamation to Principal Randy Einem, St. John's Lutheran School. Assemblyman Don Wagner introduced himself and offered his services to the residents and the Council, indicating that the proposed redistricting by the state will result in his representation of Orange. 2. PUBLIC COMMENTS Jennifer Vaughn, Southern California Gas Company representative, announced her name change from Gonzales, and reported that the Gas Company received one of the highest rankings for customer satisfaction by JD Powers among national gas companies. Mary Dargatz spoke on the proposed sale by the Orange Unified School District of surplus properties, requesting that the Council be involved in the process. Paae 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR October 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 September 22 and September 29, 2011. ACTION: Approved. (REMOVED AND HEARD SEPARATELY) 3.2 City Council Minutes, Regular Meeting of September 27, 2011. (C2500.D.4) Discussion - Councilmember Bilodeau corrected page 4 of the minutes to reflect the branch of service and ranking of Mr. Merino as that of Reserve Navy Captain. MOTION - Bilodeau SECOND - Cavecche AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to approve as amended. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.4 Review of the Securities in the Investment Portfolio that are Downgraded to a Level Below a "AAA" rating. (OR1800.0.27.16) ACTION: Received and filed. AGREEMENTS (REMOVED AND HEARD SEPARATELY) 3.5 FY 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) for the Purchase and Installation of Emergency Response Lighting in Nine Detective Vehicles. (A2100.0 Agr- 4654.F) Discussion - Councilmember Bilodeau asked about audio and video recorders in police vehicles. Police Chief Gustafson reported that a search for a quality system is underway, and a report will be forthcoming to Council with the results. Page 2 CITY COUNCIL MINUTES October 11, 2011 3. CONSENT CALENDAR (Continued) MOTION - Bilodeau SECOND - Cavecche AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to: 1) Authorize the City Manager or his designee to execute the agreement with the County of Orange for $19,539 in FY 2011 JAG funds, including the allocations to both the County and PROACT; and 2) Appropriate the remaining $15,826 to account 353.4011.55131.20098 (Federal Grants - Equipment -2011 JAG) for the purchase and installation of emergency equipment in nine detective vehicles. APPROPRIATIONS (REMOVED AND HEARD SEPARATELY) 3.6 Accept into the City's Revenue Budget and Appropriate a $27,500 Donation from the Friends of the Orange Public Library (FOPL) for a Variety of Items. (C2500.I) Discussion - Mayor Cavecche read a proclamation for National Friends of the Library Week and presented it to the Friends of the Orange Public Library. MOTION - Cavecche SECOND - Whitaker AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to: 1) Accept into the City's revenue budget a donation from FOPL into Account No. 100.2001.48390.19990 (FOPL Donations); and 2) appropriate the Friends' donation as follows: 100.2001.53301.19990 FOPL- Donations (Library Books) $20,500 100.2017.55131.19990 FOPL- Donations (Furniture, Machinery, Equipment $ 6,500 100.2016.53340.19990 FOPL- Donations (Craft Supplies) $ 500 3.7 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. National Subrogation — Manhattan Steak & Seafood ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. Page 3 CITY COUNCIL MINUTES October 11, 2011 3. CONSENT CALENDAR (Continued) CONTRACTS (REMOVED AND HEARD SEPARATELY) 3.8 Award of Contract - Bid No. 112 -03 to SCS Engineers, Inc. for the Monitoring and Reporting of Landfill Gas Activity at the former Yorba Landfill in the Amount of $32,000. Discussion - Councilmember Dumitru asked about the use of Yorba Park and the monitoring of gas activity. City Manager John Sibley responded that it is available for limited use as a practice field only. MOTION - Dumitru SECOND - Cavecche AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to award the contract and authorize the Mayor and City Clerk to execute on behalf of the City. 3.9 Contract Change Order No. 1 - Bid No. 101 -14; Tustin Street and Meats Avenue Intersection Improvements. (A2100.0 Agr -5699) ACTION: Approved Contract Change Order No. 1 in the amount of $135,409.23 to Excel Paving Company. 3.10 Final Acceptance of Bid No. 101 -09; Upgrade of the Energy Management System at Various City Facilities project performed by Setpoint Systems, Inc., a Colorado Corporation; and Authorization to File the Notice of Completion with the County Recorder. (No staff report required (A2100.0 Agr -5654) ACTION: Accepted public work improvements, authorize release of U.S. Specialty Insurance Company from the State of Texas, Bond No. 1000877594 in the amount of $152,408.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.11 Final Acceptance of Bid No. 101 -13; Main Street Widening and Water Improvements project performed by G.M.C. Engineering, Inc., a California Corporation; and Authorization to File the Notice of Completion with the County Recorder. (No staff report required (A2100.0 Agr -5698) ACTION: Accepted public work improvements, authorized release of Western Surety Company from the State of South Dakota, Bond No. 58675524 in the amount of $2,905,938.65 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. Page 4 CITY COUNCIL MINUTES October 11, 2011 3. CONSENT CALENDAR (Continued) 3.12 Final Acceptance of Bid No. 101 -25; ADA Wheelchair Access Ramps at Various Locations, FY 2010 -11, CDBG project performed by Superior Paving Company, Inc., a California Corporation, dba United Paving Company; and authorization to file the Notice of Completion with the County Recorder. (No staff report required (A2100.0 Agr -5748) ACTION: Accepted public work improvements, authorized release of Merchants Bonding Company (Mutual) from the State of Iowa, Bond No. CAC 89608 in the amount of $102,698.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.13 Final Acceptance of Bid No. 101 -33; Tustin Street and Chapman Avenue Sewer Line Replacement Project performed by Mike Prlich and Sons, Inc., a California Corporation; and authorization to file the Notice of Completion with the County Recorder. (No staff report required (A2100.0 Agr -5763) ACTION: Accepted public work improvements, authorized release of Hartford Fire Insurance Company from the State of Connecticut, Bond No. 72BCSFZ9233 in the amount of $381,523.25 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. RESOLUTIONS 3.14 RESOLUTION NO. 10597 (C2500.11) A Resolution of the City Council of the City of Orange Expressing Appreciation to Fire Captain Robert "Bob" Timboe of the Orange City Fire Department for Twenty -Seven Years of Loyal and Dedicated Service. ACTION: Approved. 3.15 RESOLUTION NO. 10598 (C2500.11) A Resolution of the City Council of the City of Orange Expressing Appreciation to Fire Engineer Kevin Kelso of the Orange City Fire Department for Thirty -One Years of Loyal and Dedicated Service. ACTION: Approved. MOTION - Smith SECOND - Dumitru AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Items 3.2, 3.5, 3.6, and 3.8 were removed and heard separately. All other items were approved as recommended. END OF CONSENT CALENDAR Page 5 CITY COUNCIL MINUTES 4. REPORTS FROM MAYOR CAVECCHE - None 5. REPORTS FROM COUNCILMEMBERS - None October 11, 2011 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7. ADMINISTRATIVE REPORTS - None 8. REPORTS FROM CITY MANAGER - None 9. LEGAL AFFAIRS - None 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY Page 6 CITY COUNCIL MINUTES October 11, 2011 11. RECESS TO CLOSED SESSION - The City Council recessed at 5:05 p.m. to a Closed Session for the following purposes: a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiators: Chief Negotiator Jeffrey Freedman, Assistant City Manager Rick Otto, Human Resources Director Steven Pham, and Assistant Human Resources Director Mike Harary; Employee Organizations: Orange City Fire Fighters, and all Misc. Bargaining Groups. b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 Proposed 2011 City Hall Holiday Closure: City Negotiators: Human Resources /Employee Relations Director Steven Pham and Assistant Human Resources Director Mike Harary. Employee Organizations: All Bargaining Units C. Conference with Legal Counsel— Existing Litigation pursuant to Government Code Section 54956.9. 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 5:25 p.m. There was no 7:00 p.m. session. The next regular City Council Meeting is scheduled for Tuesday, October 25, 2011 at 4:30 p.m. Declaration of Deputy City Clerk, Angelina Andrelus, declaring posting of City Council agenda of a regular meeting of October 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. GELINA AN RELUS DEPUTY CITY CLERK Page 7