Loading...
Council Minutes 01/11/11APPROVED BY THE CITY COUNCIL ON JANUARY 25, 2011 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA January 11, 2011 The City Council of the City of Orange, California convened on January 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 Ric Olsen, The Beacon Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor pro tem Teresa Smith 1.3 ROLL CALL PRESENT - Whitaker, Smith, Cavecche, Dumitru, Bilodeau ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation by Fire Chief Bart Lewis to Library Director Yolanda Moreno of Historic Fire Department Log Books for preservation in the History Center collection. Recognition to the City of Orange Finance Department, recipient of the Certificate of Achievement Award for Excellence in Financial Reporting for fiscal year ending June 30, 2009. Recognition of Employee Service. 2. PUBLIC COMMENTS — Marvin Sobel spoke on street sweeping rates. Paize 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR January 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 December 9, 16, and 23, 2010. ACTION: Approved. 3.2 City Council Minutes, Regular Meeting of December 14, 2010. (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 November 30, 2010. (C2500.F) ACTION: Received and filed. AGREEMENTS 3.5 Agreement with Orange County Transportation Authority (OCTA) for Design and Construction of the Chapman Avenue Turn Lane between the Northbound State Route 55 Off -ramp and Yorba Street. The proposed agreement will secure the reimbursement of $145,934.00 to the City for the design and construction costs of the project. (A2100.0 Agr -5697) ACTION: Approved the Agreement and authorized the Mayor and City Clerk to execute the Agreement on behalf of the City. Page 2 CITY COUNCIL MINUTES January 11, 2011 3. CONSENT CALENDAR (Continued) BIDS 3.6 Bid No. 101 -19; Annual Concrete Replacement at Various Locations, FY 2010 -11. Approval of plans and specifications and authorization to advertise for bids. (S4000.S.3.2) ACTION: Approved plans and specifications and authorized advertising for bids for the Annual Concrete Replacement at Various Locations, FY 2010 -11 Project. 3.7 Bid No. 101 -20; Approval of plans and specifications, and request authorization to advertise for bids for Installation of" Efficient Heating, Ventilation, and Air Conditioning (HVAC) System at the Corporation Yard and El Modena Library Branch Buildings Project funded by Energy Efficiency and Conservation Block Grant (EECBG). (C2500.M.5) ACTION: Approved plans and specifications and authorized advertising for bids for Installation of Efficient HVAC System at the Corporation Yard and El Modena Library Branch Buildings Project. 3.8 Final Acceptance of Bid No. 067 -43; Citywide Traffic Striping, Pavement Marking and Raised Pavement Markers Project performed by Orange County Striping, Inc., and authorization to file the Notice of Completion with the County Recorder. ( No staff report required) (A2100.0 Agr -5087) ACTION: Accepted public work improvements, authorized release of Developers Surety and Indemnity Co. of California Bond No. 838877 in the amount of $97,925.00 to the contractor on said job, and authorized the Mayor and City Clerk to execute the Notice of Completion. 3.9 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. Dan Sample ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. Page 3 CITY COUNCIL MINUTES January 11, 2011 3. CONSENT CALENDAR (Continued) COMMITTEES 3.10 Consideration of appointment of City Council Members to City and Regional Boards. (C2500.D) Note: Mayor Cavecche noted the amended list included in the hot file. ACTION: Approved the following appointments: MAYOR CAROLYN CAVECCHE • Joint Powers Fire Training Authority • Foothill - Eastern Transportation Corridor Agency • Cities - Schools Coordinating Committee • City Audit Committee (Ex- officio Member) MAYOR PRO TEM TERESA SMITH • Cities - Schools Coordinating Committee • Orange Housing Development Corporation (Ex- Officio Member) COUNCILMEMBER FRED WHITAKER • Foothill- Eastern Transportation Corridor Agency (alternate) • Orange Housing Development Corporation (Ex- officio Member) • City Audit Committee (Ex- officio Member) COUNCILMEMBER JON DUMITRU • Growth Management Area Committee (alternate) • Orange County Sanitation District • Trauma Intervention Prevention (TIP) Advisory Board COUNCILMEMBER DENIS BILODEAU • Growth Management Area Committee • Orange County Vector Control District Board • Orange County Sanitation District (alternate) • Santa Ana Flood Protection Agency CONTRACTS 3.11 Award of Contract for Bid No. 101 -13; Main Street Widening and Water Main Line Improvement Project. (A2100.0 Agr -5698) ACTION: Awarded the contract in the amount of $2,905,938.65 to GMC Engineering, Incorporated and authorized the Mayor and City Clerk to execute the documents on behalf of the City. Page 4 CITY COUNCIL MINUTES January 11, 2011 3. CONSENT CALENDAR (Continued) 3.12 Award of Contract for Bid No. 101 -14; Tustin Street and Meats Avenue Intersection Improvements. (A2100.0 Agr -5699) ACTION: Awarded the contract in the amount of $1,275,961.70 to Excel Paving Company and authorized the Mayor and City Clerk to execute the documents on behalf of the City. 3.13 Contract Change Order No. 1 and Final — Bid No. 101 -08; 185 South Main Street Building Alteration. (A2100.0 Agr -5659) ACTION: Approved Contract Change Order No. 1 and Final in the amount of $4,947.50 to Alley Cat Development. PARCEL MAPS 3.14 Parcel Map No. 2010 -114 — Request for approval. (C2500.M.16.2) ACTION: Approved the Parcel Map No. 2010 -114 and accepted the dedication of Santiago Boulevard street right of way. PURCHASES 3.15 Approve the purchase and installation of a Storage Area Network for the Police Department. (A2100.0 Agr -5701) ACTION: 1) Approved Agreement with Sidepath, Inc. for the purchase and installation of a Storage Area Network for the Orange Police Department in the amount of $162,542.16; and 2) Appropriated $81,271.08 from available fund balance from the Asset Seizure Fund (Fund 355) to account 355.4011.56033.19640 (Asset Seizure Fund — Technology Upgrades). RESOLUTIONS 3.16 RESOLUTION NO. 10531 (T2200.0) A Resolution of the City Council of the City of Orange approving the submittal of transportation improvement projects to the Orange County Transportation Authority (OCTA) for funding under the Renewed Measure M (M2) of the Comprehensive Transportation Funding Program. ACTION: 1) Approved Resolution No. 10531; and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Approved the submittal of the three proposed transportation improvement projects to the Comprehensive Transportation Funding Program for Fiscal Years 2011/12 through 2013/14 as administered by OCTA. Page 5 CITY COUNCIL MINUTES January 11, 2011 3. CONSENT CALENDAR (Continued) (REMOVED AND HEARD SEPARATELY) 3.17 RESOLUTION NO. 10532 (C2500.M.16.1) A Resolution of the City Council of the City of Orange approving Lot Line Adjustment No. LL 2010 -05 merging three lots of certain real properties situated at 122, 130 and 140 South Hewes Street, in the City of Orange, County of Orange, State of California. Discussion Mayor Cavecche stated that she had received complaints on the condition of this property, and asked that staff address the graffiti problem. MOTION: Cavecche SECOND: Dumitru AYES: Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to approve Resolution No. 10532. 3.18 RESOLUTION NO. 10515 (C2500.J.1.0.1) A Resolution of the City Council of the City of Orange amending the Master Schedule of Fees and Charges for Alarm Permit Fees and False Alarm Fees. (Continued from December 14, 2010.) ACTION: Approved. MOTION - Smith SECOND - Whitaker AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Item 3.17 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 — Councilmember Bilodeau raised the issue of amending the Orange Municipal Code to require a Council vote on reorganization of the City Council after each municipal election. No direction was given on this item. Page 6 CITY COUNCIL MINUTES January 11, 2011 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 7. ADMINISTRATIVE REPORTS 7.1 Report on excluding elected City officials from the California Public Employee Retirement System (PERS). (I1200.0.3.4) Discussion — City Attorney David DeBerry reported that the amendment to the PERS contract would exclude the City Council, as well as the elected City Treasurer and City Clerk. In lieu of being enrolled in PERS, the elected officials would be enrolled in the deferred compensation plan established for part-time employees. He further explained that the amendment would not apply to the current elected officials, as the exclusion would only affect those enrolling after the effective date of the amendment. Council discussed that future Councils could decide to change the PERS contract back by simply amending the contract, and that a better option would be to allow the voters to more permanently change the benefit through a ballot initiative. It was noted that amending the contract would be an important symbolic move, given that City employee associations have begun negotiating PERS costs. In response to a question from Councilmember Dumitru, City Attorney David DeBerry agreed to bring back to Council the provisions on whether a former Councilmember would be able to buy into the system, if re- elected at a future date. MOTION - Cavecche SECOND -Smith AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved that the contract with PERS be amended to exclude elected officials. Directed that the City Clerk provide a cost estimate for Council to consider placing this issue on a future ballot. 7.2 Direction by City Council concerning issues to be addressed at the January 25, 2011 Water Rates Public Hearing. Direction was given to the Public Works Director to provide more information at the January 25`" public hearing on whether other cities subsidize water rates from their General Fund; whether other cities profit on their Enterprise Water Fund; whether increases have come from overhead or product; requested an updated profit and loss statement; requested amount of revenue on volume of water sold in FY 09 -10 and (projected) in FY 10 -11, as well as the per acre foot breakdown on total fee revenue; requested FY 10/11 expenditures based upon year - to -date data rather than the budgeted amounts; requested the amount that water assets have been selling for; and the relationship of water rates to other services (street sweeping, tree trimming, etc.), providing two others scenarios, in addition to the current one. No discussion ensued. Page 7 CITY COUNCIL MINUTES January 11, 2011 8. REPORTS FROM CITY MANAGER 8.1 Review of Information Technology Outsourcing Proposals. (A2100.0 Agr -5700) Discussion — Acting Assistant City Manager Rick Otto provided a staff report on the process followed that led to the recommendations before Council. In response to a question from Mayor Cavecche, he explained that changes had been made after an IT assessment came to Council in 2009; and that a change of leadership in the ACS office effected positive changes to their operations. He reported that Nexlevel IT had been hired as a consultant to aid in the evaluation process. He then introduced the IT RFP Steering Committee consisting of Fire Chief Bart Lewis, Library Director Yolanda Moreno, Finance Director Rich Jacobs, and Police Captain Dan Cahill. The team members provided Council with their evaluation of the two proposals. Mr. Otto responded to questions by Council, reporting the level of risk with each company; that there would be an evaluation in six months; duration of the contract; GIS functions to be added to IT contract (now being performed in- house); the two companies' experience with disaster recovery; and the steps taken to keep the process as unbiased and secure as possible. Speakers — Steve Sheldon, representing Synoptek, Inc. — requested a continuance to review and respond to the evaluations and recommendations. Tim Britt, CEO, Synoptek, Inc. — commended committee members, spoke on new model of shared services being proposed, and requested a continuance. Paul Dorin, Vice President of Government solutions, ACS — thanked the City and commended the evaluation process. Councilmember Bilodeau suggested a continuance for further review; Council agreed to the continuation. MOTION - Bilodeau SECOND - Cavecche AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to continue to January 25` meeting at 4:30 p.m. for final action. 8.2 Report on the Evaluation of the Proposed Changes to Fire and Emergency Medical Service. (C2500.H) Discussion — Fire Chief Bart Lewis provided the staff report, comparing the current operation to the proposed operation. He reviewed the discussions since 2008 to update the operation with best fire service practices, and at the same time, implement a budget reduction plan, adding that a consultant has reviewed and supports the proposed changes to go to four - person engine companies, to include two paramedics per company; and the contracting out of ambulance services, establishing a public - private partnership. He added that response times would be improved by these changes, annual salary savings would be realized, and possible revenue generated from private medical billing company collection methodology. Page 8 CITY COUNCIL MINUTES January 11, 2011 8. REPORTS FROM CITY MANAGER (Continued) In response to questions from Council, Chief Lewis stated salary savings occurs by reducing overtime, the Paramedic Subscription program would still cover paramedic service; and he further detailed the insurance levels. Mayor Cavecche stated her support for going to four - person engines resulting in improved service levels; and that although the ambulance services will be privatized, City personnel is still on site to ensure quality care. Councilmember Dumitru provided a list of changes to be included in the final RFP: • Increases to insurance coverage; • Inclusion of State mandated worker's compensation insurance; • Minimum bidding qualifications; • Bidder able to obtain a license to operate in Orange County; • Bidder should have no history of breach of contract, early termination, or substandard emergency ambulance services; • Bidder must have demonstrated experience in medical billing for transport of responder. Councilmember Dumitru further stated the need for City management to meet with the firefighters association to memorialize the staffing levels and create an MOU or LOU with language to protect the City and the firefighters. Council stated their support of the plan and requested an educational outreach to the community to understand changes in ambulance services, and changes to the paramedic subscription program; that the City will have a right of refusal over private ambulance employees; clarified that the ambulances will be housed at the fire stations; that the phrase Serving the City of Orange will be on the side of the ambulance vehicles; and that the two stations not being upgraded are the least busiest. MOTION - Dumitru SECOND - Bilodeau AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved to: 1) Receive and file the Report on the Evaluation of the Proposed Changes to Fire and Emergency Medical Service; 2) Direct staff to issue a Request for Proposals for Emergency Ambulance Services to include additional issues raised by Councilmember Dumitru; and 3) Direct staff to prepare an implementation plan for the change in staffing on six of the engine companies. Page 9 CITY COUNCIL MINUTES 9. LEGAL AFFAIRS January 11, 2011 9.1 ORDINANCE NO. 15 -10 (SECOND READING) (A2500.0 Roads & Streets) An Ordinance of the City Council of the City of Orange Amending Chapter 12.52 of Title 12 of the Orange Municipal Code relating to the Acceptance of Roads and Streets into the City's Street System. MOTION - Cavecche SECOND -Smith AYES - Whitaker, Smith, Cavecche, Dumitru, Bilodeau Moved that Ordinance No. 15 -10 be read by title only and the same was approved and adopted by the preceding vote. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 7:25 p.m. to a Closed Session for the following purposes: a. Conference with Legal Counsel — Anticipated Litigation - Significant exposure to litigation pursuant to California Government Code Section 54956.9(b). 1) One potential case. 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. 12. ADJOURNMENT — The City Council adjourned at 8:15 p.m. There was no 7:00 p.m. session scheduled. The next Regular Council Meeting is scheduled for Tuesday, January 25, 2011 at 4:30 p.m. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of January 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. _ 4�: _ w e MARY E: MURPH C O V. CAV CCHE CITY CLERK W�YOR Page 10