HomeMy WebLinkAbout06-09-2009 Council MinutesAPPROVED BY THE CITY COUNCIL ON JUNE 23, 2009
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING June 9, 2009
The City Council of the City of Orange, California convened on June 9, 2009 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 Mayor Carolyn V. Cavecche
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT -
1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of
official photograph of 2009 Miss City of Orange Noelle Freeman.Announcements - 3rd
of JulyCelebration and Summer Concert Series.2. PUBLIC COMMENTS -
None.Page 1
CITY COUNCIL MINUTES
3. CONSENT CALENDAR
June 9, 2009
All items on the Consent Calendar are considered routine and are enacted by one
motion approving the 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 Request Council Confirmation of warrant registers dated May 21 and 28, 2009.
ACTION: Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of May 26, 2009.
C2500.D.4)
ACTION: Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
APPROPRIATIONS
REMOVED AND HEARD SEPARATELY)
3.4 Request to accept into the City's revenue budget and to appropriate a $500
donation from Soroptimist International of Orange to Orange Public Library.
C2500.I)
Discussion -Mayor pro tem Smith acknowledged the generous donations to the
Library; as well as a donation made previously by the Friends of the Library.
MOTION -Smith
SECOND -Cavecche
AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau
ACTION: 1) Accepted into the City's revenue budget a $500 donation from
Soroptimist International of Orange into Revenue Account 100-
2001-29300-9935 Soroptimist Donations); and 2) Appropriated the Soroptimist
donation to Account
100-2001-
CITY COUNCIL MINUTES June 9, 2009
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
3.5 Request to accept into the City's revenue budget and to appropriate a $4,250
donation from the City of Orange Public Library Foundation (OPLF) for new
children's library books. (C2500.I)
Discussion -Mayor pro tem Smith acknowledged the generous donations to the
Library; as well as a donation made previously by the Friends of the Library.
MOTION -Smith
SECOND -Cavecche
AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau
ACTION: 1) Accepted into the City's revenue budget a $4,250 donation from OPLF
into Revenue Account 100-2001-293900-9322 (OPLF
Donations); and 2)Appropriated the OPLF donation to Account
100-
2001-443101-9322 (Library Books).AGREEMENTS 3.6 Third Amendment to Consultant Services
Agreement with Tetra Tech, Inc. for additional engineering/construction services
for the construction of the Cannon
Pump Station. (A2100.0 Agr-5004.3)ACTION: Approved a Third
Amendment to the Consultant Services Agreement with Tetra Tech for of $29,300; and authorized the
Mayor and City Clerk
toexecute on behalf of the City.3.7 Amended and Restated License Agreement
between the City of Orange and Orange Tot-Lot Preschool, a parent'
s cooperative, to allow the volunteer based organization to continue to utilize El Camino Real
Park forpre-school activities
for the next five years. (A2100.0 Agr-2915.B)
ACTION: Approved Agreement with the Orange Tot-Lot Preschool; and authorized the Mayor and
CityClerk to execute the agreement on behalf of the City.
3.8 Professional Services Agreement between the City of Orange, Orange Redevelopment Agency, and
the PM Group, Inc. for the design and printing of
the Orange Progress City
newsletter/community services brochure for FY 2009-2010.A2100.0 Agr-
4692.B)See Redevelopment Agency Minutes Item No. 3.3 for related item.)
ACTION: Approved the agreement in an amount not to exceed $105,000; and authorized the
Mayor and
CITY COUNCIL MINUTES June 9, 2009
3. CONSENT CALENDAR (Continued)
BIDS
3.9 Bid No. 089-41; Approval of plans and specifications, and request authorization
to advertise for bids; State Safe Route to School Program (SR2S) - Nohl Ranch Road
Sidewalk Improvements. (C2500.M.8)
ACTION: Approved plans and specifications; and authorized advertising for bids for
the SR2S Nohl Ranch Road Sidewalk Improvements.
3.10 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. Alicia Silva
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.11 Award of Contract -Bid No. 089-35; Annual Pavement Maintenance Project
at Various Locations, Fiscal Year 2008-09. (A2100.
0 Agr-5426)ACTION: Awarded a contract in the amount of $849,335 to R.
J. Noble Company,Orange, CA; and authorized the Mayor and the City Clerk to execute on
behalf
ofthe City.3.12 Award of contract for Bid No. 089-32;
Transportation Development Act (TDA)Project -Batavia Street and Glassell Street
Sidewalk
Improvements. (A2100.0 Agr-5427)ACTION: Awarded the contract inthe amount of $559,689.
00 to Pivot Group, Inc.;and authorized the Mayor and City Clerk to execute
on
behalfof the City.PURCHASES 3.13 Purchase and installation of a refurbished Pump and
MotorforWell
No. 8.C2500.P.3)ACTION: Approved the purchase and installation of
a refurbished pump and motor from Palm Springs Pump of Whittier, CA, inthe
amount of $
CITY COUNCIL MINUTES June 9, 2009
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.14 RESOLUTION NO. 10383 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
No. LL 2009-03 combining two parcels of certain real properties situated at 510
and 512 East Katella Avenue in the City of Orange, County of Orange, State of
California.Owner: Timothy and Terri
Zimprich ACTION:
Approved.3.15 RESOLUTION NO. 10388 (C2500.
M)A Resolution of the City Council of the City of Orange expressing appreciation to
Bill Trapp of the Public Works Department and commending him for more than 34 years
of loyal and dedicated
service.ACTION:
Approved.3.16 RESOLUTION NO. 10389 (C2500.
H)A Resolution of the City Council of the City of Orange expressing appreciation to
Patti van Voorst and commending her for more than 30 years of loyal and dedicated
service.ACTION:
Approved.MOTION - Dumitru
SECOND -Murphy
AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau
Items 3.4 and 3.5 were removed and heard separately. All other items on the Consent
Calendar were approved as recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES
4. REPORTS FROM MAYOR CAVECCHE -None.
5. REPORTS FROM COUNCILMEMBERS -None.
June 9, 2009
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS -None.
7. ADMINISTRATIVE REPORTS
7.1 Review and recommendation of Current Sign Ordinance with regard to Digital
Signs. (A2500.0)
Discussion - Councilmember Bilodeau expressed concern about bright LED lights on billboards
and letters that extend above the allowed size limits; wanting to ensure that companies
adhere to city regulations. He noted his focus was on large billboards, and it was not
his intent to restrict signage at schools.MOTION -
Bilodeau SECOND -
Cavecche AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved
to refer this item to the Planning Commission to recommend an amendment to the Zoning
Code which strengthens language in the existing Sign Ordinance with regard to digital signs.
7.
2Report on Franchise Agreement for Integrated Solid Waste Collection. (C2500.M.1)Rick
Otto, Deputy City Manager, provided a report, noting that the current $22 landfill rate was
used in the proposal for calculating purposes; diversion rates in cities where the haulers provide
service were given to the Council; and that a mathematical error was found in the Ware
proposal, but it is not clear whether it would affect their ranking.Speakers
Jay
Ware, Ware Disposal suggested a continuance of this item to review new information.Dennis
Chiapetta, Athens Disposal, stated Athens' proposal was lowest and complied with Orange'
sgreen program. He commented on their operation not relying on burning trash and that
it was along-term sustainable plan. The operation would include buying the Orange
transfer station, operating CNG trucks, and moving their corporate headquarters to Orange.
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CITY COUNCIL MINUTES June 9, 2009
7. ADMINISTRATIVE REPORTS (Continued)
Brett Barbre, Athens Disposal, commented on their operation being astate-of--
the-world plant.John Lewis spoke on behalf of Athens Disposal as being the
lowest responsible bidder.In response to questions from Council, Mr. Chiapetta spoke on Athens'
diversion rates and how the company planned to raise them through educating the public. Their
diversion rates are 60% in West Covina, 50% in Los Angeles, and 50% in Glendora. Mr.
Barbre explained that AB939 allows a certain amount of trash burning that
garnered diversion credits.Dean Ruffridge of CR&Rstated CR&R's plan would save ratepayers $7
million annually, that their rates were lowest in the County for residential and among the
lowest for commercial,customers give them high rankings and that their operation would include
new trucks running on all natural gas. He stated that their proposal includes 18 enhancements. He
spoke of their smart trucks, which digitally record all actions inside and outside the vehicles;
that their plant uses conversion technology -aerobic digestion conversion at
low temperatures converting waste to usable natural gas. He stated that processing waste was a superior
process over taking
waste to landfills.In response to questions from Council, Mr. Ruffridge stated that CR&R proposes
150 tons of waste energy with expansion to 300-400 tons in the future; no
rate adjustments based on misjudgment of costs have occurred in other cities; existence of
curbside auditing to ensure proper separation of waste; recycling of horse manure would occur; their
proposal is for 13 routes, as opposed to the current 16, which would cause less wear and tear
on the streets; and that the hours ofoperation begin at 7:00 a.m. and endat 7:00 p.m., but
that
often they end earlier.Mr. Ruffridge assuredCouncil that CR&R's more favorable rates
could be proven and guaranteed, citing that much of the recyclables are able to be sold;
that Orange has efficient collecting and processing features, such as flat terrain for easier
driving, including curbs and sidewalks, and few one-way streets. He included details on
their
clean up bins (CUB)program.In response to questions from Council, he spoke on the involvement
of CR&R in communities where they work; that CR&R trucks have a single, wider-
tire, instead of tandem tires which wear out streets quicker; that they could work with the
current company in picking up old barrels and delivering new ones; their billing
services would include bulk, first-class mailing;and that street sweeping was one
of the 18 enhancements to the agreement.Councilmember Dumitru requested information
on
the cost
CITY COUNCIL MINUTES June 9, 2009
7. ADMINISTRATIVE REPORTS (Continued)
Speaking as community members in support of Waste Management
Comments included -Waste Management's participation in the community should be taken
into consideration; Waste Management has an established track record, a sense of
commitment, corporate responsibility, good customer service, is community oriented, brings
value to the community and values safety.
Stu Livingstone
Lisa Blanc
Bill Steiner
Bob Tunstall
Keith Regan
Pat Barrios
Pat Buttress
Laurie Weidner
Arriana Barrios
Jeff Protzman
David Ross, Waste Management (WM), commented on WM's safety record, commitment to
customer service, and dedication to community involvement. He cautioned on predatory
pricing, stating a possible court action on this, and requested Council delay their decision
pending an inquiry into CR&R's alleged conduct.
In response to questions from Council, Mr. Ross confirmed that WM runs 16 truck routes and
noted the company's experience and productivity for the past ten years. He commented on the
rate reduction proposed by WM compared to current rates. He added that WM has
experienced no accidents or injuries in 2009; that the injury rate has improved 68% over the
last few years; and that WM received a prestigious award from Cal OSHA for safety practices.
Mr. Ross continued to answer Council questions, stating that their recycling program would
reach 37% at first year and up to 50% in two years. He added that the commercial, C&D and
food waste recycling were critical components of their proposal, and that recycling sites in
Irvine and in Orange are utilized. He added that the food waste recycling would occur on site
and thus reduce the carbon footprint; that green waste is taken to Tierra Verde in Irvine; and
that 6,000 tons of waste would be processed at the waste energy transformation plant in Long
Beach. He explained a typical days routine, adding that based on the type of load, each truck
makes two to three pickups, typically ending at 5:00 p.m.; and noted that drivers inspect their
vehicles at the beginning and end of each day.
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CITY COUNCIL MINUTES June 9, 2009
7. ADMINISTRATIVE REPORTS (Continued)
Laith Ezzet, HF&H Consultants, answered Council questions, stating that the labor dispute
exception, asked for in one of the four proposals, can be a strategy point of the proposal. He
explained possible reasons for a company's proposed rates being very low, citing whether the
company is publicly versus privately owned, as well as equipment costs and depreciation
practices. He summarized that the findings collected from 17 cities, in which three of the
proposing companies operate, showed a lean, but doable operation being proposed to Orange.
He added that rate adjustments are not warranted if a company erroneously proposes inaccurate
rates or future projections. Additionally, he verified that all four proposals are responsive.
In response to Council questions on trash collection billing, Finance Director Rich Jacobs
stated that the City's Utility Billing Office spends approximately one to two hours of staff time
per day referring callers to Waste Management. He stated that bad debt runs between
10,000 - 20,000a year on customers who do not pay.City
Attorney David DeBerry indicated that according to the contract, the bad debt would be carried
by the contractor who did the billing.Mayor
Cavecche stated she still had questions that would probably require research, such as information
on the PPI modeling back five years on the rate increases, showing the work on how
the numbers were derived on the percentages on the escalators; and suggested a continuance
for further study and information.Council
summarized some of their questions which include -cost of processing green waste,costs
for diverting waste, whether all proposers used the current $22.00 landfill rate or the future $
29.00 rate and what the rates would be with the new landfill rate; cost of city street sweeping;
costs for the city to do trash billing; clarification on billing -whether it'smonthly,bimonthly
or quarterly; and follow up on the mathematical error in the Ware proposal, listing the
submitted numbers and corrected numbers side by side.Council
Action Council
noted they were not in favor of pursuing the option of franchise fees for Solid Waste Collection.
MOTION -
Cavecche SECOND -
Smith AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved
to continue this item to the June 23rd Council meeting at 4:30p.m., and that a written memo
be provided to the Council by Tuesday, June 16th with answers to questions that have been
raised; and that the consultant from HF&H be available to answer Council questions if necessary.
Page
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CITY COUNCIL MINUTES June 9, 2009
7. ADMINISTRATIVE REPORTS (Continued)
7.3 Information Technology (IT) Service Delivery and Outsourcing Status Report.
C2500.J.2)
NOTE: Councilmember Murphy recorded an abstention on this item citing a potential conflict
of interest due to his employment; and left the dais.
Discussion -Rick Otto, Deputy City Manager, provided a report. He noted that an RFP is
approximately 70% complete and would require an additional $25,000.
Mayor Cavecche noted that although ACS was doing a good job, something this important and
of this magnitude is overdue in going out to bid, as it has been 25 years since a new contract
went out to bid. This is an integral part of how the city operates, and she would be looking at
cost as well as creativity for IT services in any new proposal.
Mayor pro tem Smith suggested it may not be a good use of money to have the Deputy City
Manager managing IT services; and was not sure this was the best time to be spending
additional money for an RFP. She suggested a survey could be taken to determine if anything
has changed with IT services and then determine the best time to conduct an RFP.
Council Action:
MOTION -Cavecche
SECOND - Dumitru AYES -
Cavecche, Dumitru NOES -
Smith, Bilodeau ABSTAIN (
RECUSED) -Murphy Moved
to 1)
Receive and file Information Technology Service Delivery Report; and 2)
Direct staff to exercise the one-year extension provision to the Information Technology
Services Agreement with ACS, and direct staff to proceed with the RFP process.
MOTION FAILS
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CITY COUNCIL MINUTES
7. ADMINISTRATIVE REPORTS (Continued)
MOTION Bilodeau
SECOND Smith
AYES Smith, Cavecche, Bilodeau
NOES Dumitru ABSTAIN (
RECUSED) -Murphy Moved
to June
9, 2009 1)
Receive and file Information Technology Service Delivery Report; and 2)
Direct staff to exercise an 18 month extension provision to the Information Technology Services
Agreement with ACS, and direct staff to proceed with the RFP process.MOTION
PASSES 8.
REPORTS FROM CITY MANAGER -None.9.
LEGAL AFFAIRS -None..10.
PUBLIC HEARINGS 10.
1PROPOSED UNDERGROUND UTILITY DISTRICT NO. 16 FOR TUSTIN STREET
FROM MEATS AVENUE TO HEIM AVENUE. (C2500.M.13UUD-16)
The public hearing to consider the formation of Underground Utility District No. 16 on Tustin
Street from 400 feet south of Meats Avenue to Heim Avenue and on Meats Avenue from
Tustin Street to 400 feet west of Tustin Street, was continued to this time from May 26, 2009.
NOTE: Staff has recommended this public hearing be cancelled.
MOTION -Cavecche
SECOND - Dumitru AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved
to cancel the public hearing.Page
11
CITY COUNCIL MINUTES June 9, 2009
10. PUBLIC HEARINGS (Continued)
10.2 PROPOSED FISCAL YEAR 2009-2010 (FY 10) CITY OF ORANGE
BUDGET AND SEVEN YEAR CAPITAL IMPROVEMENT PROGRAM. (C2500.J.1.
1)See Redevelopment Agency Minutes Item No. 9.1 for related
item.)Time set for public hearing to consider adoption of the proposed FY 2009-2010 City
of Orange Budget and Seven-Year
Capital
Improvement Program.Discussion Rick Otto, Deputy City Manager
provided a report.Mayor Cavecche asked for a report on the effects of Prop 42 and the taking of
gas tax funds from cities; asked that a report on a city tow yard be brought back to Council at
the August 11th meeting; and expressed concern with the effects that staffing vacancies
could have, especially in the Community Development and
Public Works Departments.Councilmember Bilodeau clarified with staff that Santiago Canyon
Road improvements and the traffic signal preemption study are continuing; and suggested
a presentation from
CaIPERS be scheduled.MAYOR CAVECCHE OPENED
THE PUBLIC HEARING THERE BEING NO SPEAKERS, MAYOR CAVECCHE
CLOSED
THE PUBLIC
HEARING.Council Action:
RESOLUTION NO. 10385 A Resolution of the City Council of the City of Orangeadopting said City's
Budget for the Fiscal Year 2009-2010 and relating to transfers of funds
between and within appropriations,transfers between
funds and additional
appropriations.MOTION -
Dumitru SECOND -Bilodeau AYES -Smith, Murphy,
Cavecche, Dumitru, Bilodeau Moved to approve
Resolution No.
CITY COUNCIL MINUTES June 9, 2009
10. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 10386
A Resolution of the City Council of the City of Orange Adopting the Appropriations Limit for
the Fiscal Year 2009-
10.MOTION - Dumitru
SECOND -Bilodeau
AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to approve Resolution No. 10386.
MOTION - Dumitru SECOND -
Bilodeau AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved
to find that the portion of the Fiscal Year 2009-2010 Budget subject to the Gann Limit
is $77,676,596, and therefore, within the limit.
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
12. RECESS TO CLOSED SESSION -NOTE: The Council did not recess.
13. ADJOURNMENT
The Council adjourned at 9:10 p.m. There was no 7:00 p.m. session.
The next regular City Council meeting is scheduled for June 23, 2009 at 4:30 p.m.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of June 9, 2009 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.
MURPHY
CITY CLERK
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