Council Minutes 02/22/11APPROVED BY THE CITY COUNCIL ON MARCH 8, 2011
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
February 22, 2011
The City Council of the City of Orange, California convened on February 22, 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 Stan Smith, First Christian 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 Resolution to Jan McGovney upon her retirement.
Recognition of Employee Service.
2. PUBLIC COMMENTS — Marty Adair spoke on property near the Fletcher
Elementary School site. The Mayor stated the City Attorney's office would look into
the matter.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR
February 22, 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 February 3 and February 10, 2011.
ACTION: Approved.
3.2 City Council Minutes, Regular Meeting of February 8, 2011. (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 January 31, 2011. (C2500.F)
ACTION: Received and filed.
3.5 Investment Oversight Committee Report, period ending January 31, 2011.
(OR1800.0.27.16)
ACTION: Received and filed.
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3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.6 Cooperation and Reimbursement Agreement with the Orange Redevelopment
Agency relating to reimbursement by the Orange Redevelopment Agency for costs
associated with rehabilitation of the Royer Building parking lot within the Orange
Merged and Amended Redevelopment Project Area; and, award of Bid No. 101-
19; Annual Concrete Replacement at Various Locations, Fiscal Year 2010 -11.
(A2100.0 Agr -5717; 5718)
(See related Redevelopment Agency Minutes Item No. 3.3)
ACTION: 1) Approved Cooperation and Reimbursement Agreement; 2) Awarded
contract for $468,300 to the low bidder, C.J. Concrete Construction, Inc.; and, 3)
Authorized the Mayor and City Clerk to execute the necessary documents on behalf of
the City.
3.7 Agreement with General Pump Company for repair and rehabilitation of Well 20.
(A2100.0 Agr -5719)
ACTION: Approved agreement with General Pump Company in the amount of
$87,681.50; and authorized the Mayor and City Clerk to execute on behalf of the City.
(REMOVED AND HEARD SEPARATELY)
3.8 Second Amendment to Attorney Services Agreement with the law firm of Gibbs,
Giden, Locher, Turner & Senet, LLP for legal services in connection with
construction - related issues on the Grijalva Gymnasium and El Camino Park
renovation projects. (A2100.0 Agr - 5483.2)
Discussion — Councilmember Whitaker clarified with staff that there would be no more
than $30,000 expended with this action; and whether the funds come out of the General
Fund or a dedicated fund.
MOTION
- Whitaker
SECOND
- Cavecche
AYES
- Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to approve a Second Amendment to Attorney Services Agreement with Gibbs,
Giden, Locher, Turner & Senet LLP to increase the not -to- exceed amount from
$60,000 to $90,000; and authorize Mayor and City Clerk to execute on behalf of the
City.
(REMOVED AND HEARD SEPARATELY)
3.9 First Amendment to Consultant Services Agreement with Construction
Management Services Company, LLC for preliminary schedule analysis of delay
issues associated with the construction of the Grijalva Gymnasium. (A2100.0 Agr -
5658.1)
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CITY COUNCIL MINUTES February 22, 2011
3. CONSENT CALENDAR (Continued)
Discussion — Councilmember Whitaker clarified with staff that the scope of the
agreement was for the purposes of litigation.
MOTION - Whitaker
SECOND - Dumitru
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to approve a First Amendment to Consultant Services Agreement with
Construction Management Services Company, LLC to increase the not -to- exceed
amount from $30,000 to $45,000; and authorize the Mayor and City Clerk to execute
on behalf of the City.
(REMOVED AND HEARD SEPARATELY)
3.10 Agreement with Vision Service Plan (VSP) for all City employees and retirees
covered by group benefit programs effective January 1, through December 31,
2011. (A2100.0 Agr- 4395.C.1)
Discussion — Councilmember Whitaker clarified with staff that the costs of this plan
were paid by the employees.
MOTION - Whitaker
SECOND - Dumitru
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to approve agreement with VSP for employee and retiree vision insurance
coverage; and authorize the Mayor and City Clerk to execute on behalf of the City.
3.11 Agreement with TRIAD, a third party administrator to oversee the City's Health
Care and Dependent Care Flexible Spending Accounts which includes a voluntary
plan design change and the mandatory plan design change for 2011. (A2100.0
Agr- 5003.C)
ACTION: 1) Approved agreement with Tri -ad for employee Health Care
Reimbursement and Dependent Care Reimbursement Flexible Spending Accounts,
effective January 1, through December 31, 2011. Included is the amendment to the
plan document to increase the health care reimbursement plan option from $2,499 to
$3,600 annually; and 2) Authorized the Mayor and City Clerk to execute on behalf of
the City.
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CITY COUNCIL MINUTES February 22, 2011
3. CONSENT CALENDAR (Continued)
BIDS
3.12 Bid No. 101 -29; Annual Pavement Maintenance at Various Locations, FY 2010 -11.
Approval of plans and specifications and authorization to advertise for bids.
(S4000.S.7)
ACTION: Approved plans and specifications and authorized advertising for bids for
the Annual Pavement Maintenance at Various Locations, FY 2010 -11.
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. Juan Munive
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.14 Award of Contract - Bid No. 101 -17; East Chapman Traffic Signal Coordination
Project. (A2100.0 Agr -5720)
ACTION: Awarded contract in the amount of $296,250 to Pro Tech Engineering
Corporation of Corona Del Mar, CA; and authorized the Mayor and City Clerk to
execute on behalf of the City.
3.15 Final Acceptance - Bid No. 090 -15; Fire Station No. 4 Apparatus Bay Expansion
and Minor Tenant Improvements Project performed by W.L. Butler
Construction, Inc.; and authorization to file the Notice of Completion with the
County Recorder. ( staff report required.) (A2100.0 Agr -5523)
ACTION: Accepted public work improvements, authorized release of Safeco
Insurance Company of America, of Washington, Bond No. 6649941 in the amount of
$516,108.00 to the contractor on said job, and authorized the Mayor and City Clerk to
execute the Notice of Completion.
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CITY COUNCIL MINUTES February 22, 2011
3. CONSENT CALENDAR (Continued)
3.16 Final Acceptance - Bid No. 090 -28; Taft Ave. and Batavia St. Traffic Signal
Improvements Project performed by International Line Builders, Inc.; and
authorization to file the Notice of Completion with the County Recorder. No staff
report required.) (A2100.0 Agr -5557)
ACTION: Accepted public work improvements, authorized release of Liberty Mutual
Insurance Company & Travelers Casualty and Surety Company of America, of
Delaware, Bond No. 190022822/105438593 in the amount of $102,373.00 to the
contractor on said job, and authorize the Mayor and City Clerk to execute the Notice of
Completion.
3.17 Contract Change Order No. 1 — Bid No. 101 -01; Santiago Canyon Road Traffic
Safety Improvement Project. (A2100.0 Agr -5623)
ACTION: Approved Contract Change Order No. 1 in the amount of $47,807.87 to La
Strada Contracting Company.
RESOLUTIONS
3.18 RESOLUTION NO. 10536 (C2500.J)
A Resolution of the City Council of the City of Orange expressing appreciation to
Annie Case of the Finance Department for thirteen and a half years of loyal and
dedicated service.
ACTION: Approved.
3.19 RESOLUTION NO. 10537 (S4000.0)
A Resolution of the City Council of the City Orange authorizing application for the
Targeted Rubberized Asphalt Concrete Incentive Grant Program for FY 2010 -11 to FY
2014 -15.
ACTION: Approved.
SPECIAL EVENTS
3.20 RESOLUTION NO. 10535 (S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing sections of
public streets for approved special events.
ACTION: 1) Approved Resolution No. 10535; and 2) Approved suspension of permit
parking and closure of municipal parking lots for certain events and dates occurring in
FY 2011 -12.
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CITY COUNCIL MINUTES
3. CONSENT CALENDAR (Continued)
TRAFFIC COMMISSION
3.21 City Traffic Commission Activity Report for 2010. (OR1800.0.19)
ACTION: Received and filed.
MOTION - Smith
SECOND - Cavecche
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
February 22, 2011
Items 3.8, 3.9, and 3.10 were removed and heard separately. All other items were
approved as recommended.
END OF CONSENT CALENDAR
* * * * * * * * **
4. REPORTS FROM MAYOR CAVECCHE - None
5. REPORTS FROM COUNCILMEMBERS —
Councilmember Dumitru stated that Government Code 36801 required the Council to
reorganize each year. He requested the item be agendized for the next meeting.
Councilmember Bilodeau agreed with this request.
No action was taken.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Consideration of Appointment of Ms. Adrienne Gladson as Mayor pro tem
Smith's Representative to the Planning Commission, to fill the unexpired term of Robert
Imboden, ending June 30, 2014.
MOTION - Smith
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved to appoint Ms. Adrienne Gladson to the City Planning Commission to fill an unexpired
term ending June 30, 2014.
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CITY COUNCIL MINUTES February 22, 2011
7. ADMINISTRATIVE REPORTS
7.1 Reconsideration of Official Police Tow and Storage Agreement (All Towing
Services, LLC, dba American All -Star Towing). (A2100.0 Agr -4713)
NOTE: Councilmember Whitaker recused himself citing a potential conflict with his
employment. He left the dais.
Discussion — City Attorney David DeBerry stated that at the January 25 Council meeting,
issues had been raised about All Towing Services that resulted in them not being awarded a
contract. He further stated that unfortunately All Towing Services was not at the City
Council meeting to address those concerns and this meeting is being held to provide an
opportunity for the City Council to reconsider its request to do business with the City.
Council discussed the pros and cons of contracting with only four tow companies as the Police
Department had recommended and whether to limit the discussion to all tow contractors or just
All Towing Services.
Sergeant Dan Adams stated that the Police Department's preference is to work with four
companies in the rotation, in part because a staff member must monitor, inspect, and review
complaints. He added that limiting the number to four allows the companies to make enough
income to cover their expenses and limits the amount of staff time involved in monitoring.
Speakers —
Bruce Weiner, Esq., All Towing Services
Russ Welch, Tows -R -Russ
Andy Lujon, California Coach
Mayor Cavecche stated her reluctance to completely overturn the decision made at the January
25 meeting, noting that the selected companies at that meeting may have gone forward with
some expenses to satisfy the requirements of the RFP. She suggested a future Council may
have to consider the merits of how many tow companies to work with in the future; and further
stated an interest in reconsidering the All Towing Services company, that this would be the
right thing to do.
Mayor pro tem Smith noted that the Police Department had rated All Towing Services
Company third out of seven companies; and was in favor of including them in the rotation,
which would reinforce her vote at the previous meeting.
City Attorney DeBerry stated that none of the contracts had been executed yet.
Associate Planner Robert Garcia reported that California Coach Company was in the process
of obtaining a conditional use permit to comply with contract terms.
Councilmember Bilodeau stated he was not interested in withdrawing contracts approved at the
last meeting; and six companies in the rotation was too many. He suggested a review in three
years, allowing All Towing Services to compete then.
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CITY COUNCIL MINUTES February 22, 2011
7. ADMINISTRATIVE REPORTS (Continued)
MOTION
- Smith
SECOND
- Cavecche
AYES
- Smith, Cavecche
NOES
- Dumitru, Bilodeau
Moved to include All Towing Services as a contracted vendor for official police tow and
storage, with re- evaluation at a future point.
MOTION FAILED
7.2 Award of Contract - Bid No. 101 -16; Tustin Street and Chapman Avenue
Intersection Widening Improvements and Proposed 12 inch D.I.P. Water Mains for
Chapman Avenue from Lincoln Street to Wayfield Street and Tustin Street from
Washington Avenue to Chapman Avenue. (A2100.0 Agr -5721)
MOTION - Dumitru
SECOND - Bilodeau
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Move to: 1) Appropriate $1,800,000 from Fund 550 (Developer Contribution) to account
number 550.5011.56330.13228; 2) Reject the bid received from low bidder, Mamco, Inc. of
Riverside, a California corporation, on the basis that the bid was not responsive to the City's
invitation to bid; and 3) Accept the next lowest bid and award the contract in the amount of
$1,571,850 to Sialic Contractors Corporation, a CA Corporation dba Shawnan of Downey, CA,
and authorize the Mayor and City Clerk to execute on behalf of the City.
8. REPORTS FROM CITY MANAGER
8.1 Budget Status Report. (C2500.E.4)
The Fire, Library, and Human Resources Department Directors gave a report on the impacts of
the budget reductions.
Mayor Cavecche requested information on areas the Friends of the Library and the Library
Foundation were able to have an impact; and that the Library Board of Trustees could review
items prior to them coming before Council.
The City Manager stated that reports from the remaining two departments would be continued
until the Budget Study Session on March Stn
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CITY COUNCIL MINUTES
9. LEGAL AFFAIRS
February 22, 2011
9.1 ORDINANCE NO. 02-11 (SECOND READING) (A2500.0 Water Rates)
NOTE: Councilmember Bilodeau had recused himself from the previous public hearing on this
item.
An Ordinance of the City Council of the City of Orange Amending and Revising the Master
Schedule of Fees and Charges for Water Rates.
MOTION
- Cavecche
SECOND
-Smith
AYES
- Whitaker, Smith, Cavecche, Dumitru
ABSTAIN
- Bilodeau
Moved that Ordinance No. 02 -11 be read by title only and same was approved and adopted by
the preceding vote.
10. PUBLIC HEARINGS
10.1 FALSE ALARMS (A2500.0 Ord -01 -11 False Alarms)
Time set for public hearing to consider a proposed ordinance of the City Council amending
Chapter 9.04 of the Orange Municipal Code, eliminating the requirements for Alarm Permits,
and moving the charges for frequent False Alarm Penalties to the Master Schedule of Fees and
Charges.
THE MAYOR OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, THE
MAYOR CLOSED THE PUBLIC HEARING.
ORDINANCE NO. 01 -11 (FIRST READING)
An Ordinance of the City Council of the City of Orange amending Chapter 9.04 of the Orange
Municipal Code relating to False Alarms.
MOTION - Cavecche
SECOND - Whitaker
AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 01 -11 be read by title only and same was set for second reading by
the preceding vote.
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
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CITY COUNCIL MINUTES February 22, 2011
182. RECESS TO CLOSED SESSION
The City Council recessed at 6:10 p.m. to a Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiators: City Manager John Sibley and Human Resources Director Steven Pham &
Human Resources Manager Mike Harary
Employee Organizations: All Bargaining Units
b. 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.
13. ADJOURNMENT
The City Council adjourned at 9:00 p.m. to an Adjourned Regular Meeting Study Session on
Tuesday, March 8, 2011 at 3:00 p.m. in the Weimer Room at City Hall to review the proposed
FY 2011 -12 Budget.
The next Regular Council meeting will be held Tuesday, March 8, 2011 at 4:30 p.m.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of February 22, 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.
MURF
CITY CLERK
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