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Council Minutes 09/13/2011APPROVED BY THE CITY COUNCIL ON SEPTEMBER 27, 2011 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA September 13, 2011 The City Council of the City of Orange, California convened on September 13, 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 Rob Curington, Orange Villa Bible Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Jon Dumitru 1.3 ROLL CALL PRESENT - Whitaker, Smith, Cavecche, Dumitru, Bilodeau ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Commendation presented to Evan Hardcastle. Introduction of Miss City of Orange 2012 Contestants. 2. PUBLIC COMMENTS - None Paize 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR September 13, 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 August 18, 25, and September 1, 2011. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of August 23, 2011 and Adjourned Regular Meeting of September 6, 2011. (C2500.D.4) ACTION: Approved. 3.3 Waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.4 Agreement with Arroyo Associates, Inc. to Conduct an Organizational Assessment for Police Services, in an amount not to exceed $42,550. (A2100.0 Agr -5806) ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. 3.5 Agreement with Orange County for use of the East -End Substation Police Facility Located at 8525 East Fort Road for the Orange County Intelligence Assessment Center. (A2100.0 Agr -5807) ACTION: Approved the agreement and authorized the Mayor and City Clerk to execute on behalf of the City. Page 2 CITY COUNCIL MINUTES September 13, 2011 3. CONSENT CALENDAR (Continued) 3.6 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. Days Inn b. Hewes in Orange HOA C. Joshua Lee Smith ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.7 Award of Contract - Bid No. 112 -02; Community Development Block Grant (CDBG) FY 2010 -11 Street Rehabilitation and Reconstruction Projects: Palmyra Avenue, Alanda Avenue, Burly Avenue, Lemon Street, Norwood Street, Olive Street, Thomas Street, and Century Avenue Improvements. (A2100.0 Agr -5805) ACTION: 1) Awarded the contract in the amount of $633,000.00 to Hardy and Harper and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Approved the transfer of funds in the amount of $123,000 among various accounts. REPORTS 3.8 Updated Local Implementation Plan (LIP) for Storm Water Compliance Program. (C2500.M.17) ACTION: 1) Adopted the updated LIP; and 2) Authorized and directed the Public Works Director to do any and all things necessary to execute and deliver any and all documents (including amendments or modifications to the LIP) deemed necessary or advisable in order to carry out, give effect to, and comply with the terms and intent of the DAMP and Santa Ana Regional Water Quality Control Board Permit Order No. R8- 2009 -0030. Page 3 CITY COUNCIL MINUTES September 13, 2011 3. CONSENT CALENDAR (Continued) RESOLUTIONS (REMOVED AND HEARD SEPARATELY) 3.9 RESOLUTION NO. 10575 (Continued from August 23, 2011) A Resolution of the City Council of the City of Orange Approving and Adopting a Statement of Investment Policy for Fiscal Year 2011 -12. (See related Redevelopment Agency Minutes Item No. 3.3) Discussion — Councilmember Whitaker suggested a change to the language in Section 3.3 in the investment policy to indicate that any securities rated below AAA would be reviewed by the City. MOTION - Whitaker SECOND - Cavecche AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to approve Resolution No. 10575, adopting a revised investment policy with the change to the language in Section 3.3 at various locations to say "anything below a AAA rating would require review." MOTION - Dumitru SECOND - Smith AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Councilmembers Dumitru and Bilodeau registered abstentions on Item 3.5. Item 3.9 was 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 - None 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None Page 4 CITY COUNCIL MINUTES September 13, 2011 7. ADMINISTRATIVE REPORTS 7.1 Report on Options on City Council Changes in Compensation. (C2500.D) Discussion — City Attorney David DeBerry gave the staff report on options and rules to amend the Council's salary, health, welfare, and retirement benefits, as well as placing the issue on the ballot. Councilmember Whitaker stated that given the economic times and the need to ask City employees to take reductions, that the Council take the lead on eliminating all benefits, including putting the vote to the electorate to confirm. He added that by taking this action, 2012 candidates for Council will know what they are accepting in running for office. Councilmember Dumitru suggested that compensation also be eliminated. MOTION - Dumitru SECOND - Whitaker AYES - Smith, Whitaker, Cavecche, Dumitru, Bilodeau Moved to eliminate all health and retirement benefits, expense reimbursements, and all compensation, including Redevelopment compensation, going forward. Councilmember Bilodeau clarified with staff that it is to eliminate all compensation going forward for anyone elected in the 2012 election. Mayor pro tem Smith suggested that Councilmembers' participation at non - profit fundraising events may be affected, as she has always used her compensation for those types of events; noting that due to the City's gift ban regulations, there is no compensation to Council for attending events that can cost hundreds of dollars. She added that there is already no reimbursement to Council for use of cell phones, computers, car, travel, or anything of that nature, and added that the motion should include not allowing the Council to seek reimbursement for anything that is not now compensated for. Mayor Cavecche recapped the motion, stating that on a going forward basis all compensation, including Redevelopment, and health benefits would be eliminated, along with the elimination of reimbursement for expenses, and elimination of pension compensation as well. MOTION - Whitaker SECOND - Cavecche AYES - Whitaker, Smith, Cavecche, Dumitru ABSTAIN - Bilodeau Moved to place the elimination of Council compensation, health, and retirement benefits, and the reimbursement of expenses on the General Municipal Election of November, 2012. Page 5 CITY COUNCIL MINUTES September 13, 2011 7. ADMINISTRATIVE REPORTS (Continued) NOTE: After Closed Session, the following action took place: Discussion — Councilmember Bilodeau stated he previously voted to abstain on the motion to place the question on the ballot because he felt the decision should be put off until next year after the 2011 -12 budget is reviewed given the estimated cost of $10,000 to put it on the ballot. MOTION — Cavecche SECOND — Bilodeau AYES — Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to reopen the discussion and reconsider the vote on placing Council compensation and benefits on the November 2012 election ballot. Mayor Cavecche reiterated that the decision has been made by the Council to eliminate compensation, health and welfare benefits, retirement, and reimbursement of expenses for the Council on a going forward basis. Councilmember Dumitru stated he wants the issue placed on the ballot, but given that there is time to do so, it would be prudent to first receive a breakdown of costs and consider additional items for the ballot that will affect the cost of the election. Councilmember Whitaker stated he was still willing to move forward with placing the issue on the ballot. MOTION — Cavecche SECOND — Bilodeau AYES — Smith, Cavecche, Dumitru, Bilodeau NOES — Whitaker Moved to rescind the previous motion to place the issue of Council compensation and benefits on the November 2012 election ballot; and directed staff to provide Council with more specific information on election costs. 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 September 13, 2011 11. RECESS TO CLOSED SESSION - The City Council recessed at 5:00 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, Top Management Employees, and all Misc. Bargaining Groups. b. Conference with Legal Counsel – Existing Litigation pursuant to Government Code Section 54956.9. Case: Los Angeles Engineering v. City of Orange Orange County Superior Court Case No. 30 -2011- 00447076 Case: Milan REI IV v. Mary E. Murphy, City Clerk Orange County Superior Court Case No. 30-201100494437 C. Conference with Legal Counsel— Anticipated Litigation pursuant to Government Code Section 54956.9. Two potential cases. 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 8:15 p.m. to an Adjourned Regular Meeting on September 13 at 8:20 p.m. in the Council Chambers. There was no 7:00 p.m. session. The next regular City Council Meeting is scheduled for Tuesday, September 27, 2011 at 4:30 p.m. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of September 13, 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. (� NIA URPHY CITY CLERK Page 7