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HomeMy WebLinkAbout06-23-2009 Council MinutesAPPROVED BY THE CITY COUNCIL ON JULY 14, 2009 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING June 23, 2009 The City Council of the City of Orange, California convened on June 23, 2009, at 4:30 p.m. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 4:3~ P.M. SESSION 1. OPENING 1.1 INVOCATION Given by Chaplain John Adams, Town & Country Manor 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Jon Dumitru 1.3 ROLL CALL PRESENT -Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT -None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Orange International Street Fair Committee Annual Report -Presented by Committee President Mike Winger. Presentation of Resolution to Bill Trapp upon his retirement. Presentation of Employee Service Awards. Heidi Larkin-Reed, Executive Director, Orange Chamber of Commerce announced that the Chamber has selected Mayor pro tem Smith as their Commerce Award Winner.ANNOUNCEMENTS - Fairy Party at Pitcher Park, June 27 from 10:00 a.m. - 2:00p.m.July 3rd Event at Fred Kelly Stadium; 4:00p.m. - 9:00p.m.; Fireworksat 9:00 p.m.Concerts in the Park begin July 8 at Hart Park at 7:00 p.m.2. PUBLIC COMMENTS -None.Page 1 CITY COUNCIL MINUTES 3. CONSENT CALENDAR June 23, 2009 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 Request Council confirmation of warrant registers dated June 4 and 11, 2009. ACTION: Approved. 3.2 Request approval of City Council Minutes, Regular Meeting June 9, 2009. C2500.D.4) ACTION: Approved. 3.3 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.4 Receive and file the City Treasurer's Report, period ending May 31, 2009. C2500.F) ACTION: Approved. AGREEMENTS 3.5 Agreement between the City of Orange and California Forensic Phlebotomy, Inc. to take evidence in incidents that involve DUI and drugs for the Police Department during FY 09-10. (A2100.0 Agr- 1626.L)ACTION: Approved the Consultant Services Agreement between the City of Orange and California Forensic Phlebotomy, Inc. in an amount not to exceed $123, 000 and authorized the Mayor and the City Clerk to execute the agreement on behalf of theCity.3.6 Agreement between the City of Orange and VisionAIR, Inc. for software upgrades and maintenance for the Police Department's computer- aided dispatch and records management system (CAD/RMS). (A2100. 0 Agr-3217.H)ACTION: Approved the Consultant Services Agreement between the City of Orange and VisionAIR, Inc. in theamount of $98,694.25 and authorized the Mayor and the City Clerk to execute the agreement on behalf of CITY COUNCIL MINUTES June 23, 2009 3. CONSENT CALENDAR (Continued) 3.7 Reimbursement Agreement between the City of Orange and the Orange Redevelopment Agency for FY 2009-10. (A2100.0Agr- 3283.J)NOTE: Councilmember Murphy abstained due to a potential conflict with his employment.See related Redevelopment Agency Minutes Item 3.3)ACTION: Approved the Reimbursement Agreement between the City of Orange and the Orange Redevelopment Agency, and authorized the Mayor and City Clerk to execute on behalf of theCity.3.8 Agreement between the City of Orange and Pestmaster Services, Inc. for weed abatement services on city and private lots. (A2100.0 Agr-5320.A)ACTION: Approved the Consultant Services Agreement between the City of Orange and Pestmaster Services, Inc. in the amount of $60,000 for FY 2009-10 and authorized the Mayor and the City Clerk to execute on behalf of the City.CONTRACTS 3.9 Rejection of Bids and Authorization to Readvertise: Bid No. 089-34 Community Development Block Grant (CDBG) Project: PixleyStreet Sewer Improvements.C2500.M.3)ACTION: Rejected all bids received and authorized the re-advertisement of this project.3.10 Award of Contract, Bid 089-37, to Villa Ford to supply miscellaneous vehicles for CommunityServicesDepartmentand Public Works Department. (C2500.M.3.7)NOTE: Councilmember Murphy abstained due to a potential conflict with his employment.ACTION: 1) Awarded contract to Villa Ford of Orange for thepurchase of 7 vehicles for $200,472.12 and authorized the Mayor and City Clerk to execute the contract; and 2) Authorized City Manager to surplus the CITY COUNCIL MINUTES June 23, 2009 3. CONSENT CALENDAR (Continued) FACILITIES 3.11 Request to close the Orange Public Library and History Center on the following dates for FY 09-10: July 3 and 4 (Friday and Saturday); September 4 (2:30- 6p.m.)and 5 (Friday and Saturday); November 25 at 6p.m. (Wednesday); and January 18 (Monday). ( C2500.I)ACTION: Approved closure of the Orange Public Library facilities to the public as requested for FY 09-10.PURCHASES 3.12 Purchase Firefighter SafetyEquipment from L.N. Curtis and Sons through a cooperative purchasing agreement. (C2500.H)ACTION: Authorized the purchase of Firefighter SafetyEquipment from L.N. Curtis and Sons in the amount of $75,000.REMOVED ANDHEARD SEPARATELY)3.13 Purchase Firefighter Uniforms andaccessories from Gall' s Uniform Center through a cooperative purchasing agreement. (C2500.H)Discussion - Councilmember Dumitru noted that in his dealings with this company, the customer service levels were not appropriate.Fire Chief Bart Lewis stated that the Orange Fire Department has received satisfactory service from this company. MOTION -Murphy SECOND -Cavecche AYES -Smith, Murphy, Cavecche, Bilodeau NOES - Dumitru ACTION: Authorized purchase of Fire Department safety clothing fromGall' s Uniform Center in the amount of $50, 000.3.14 Purchase Medical Supplies from Life-Assist, Inc. through a cooperative purchasing agreement. ( C2500.H)ACTION: Authorized the purchase of medical supplies from Life-Assist in the amount of $95, CITY COUNCIL MINUTES June 23, 2009 CONSENT CALENDAR (Continued) RESOLUTIONS 3.15 RESOLUTION NO. 10390 (54000.0) A Resolution of the City Council of the City of Orange declaring portions of Orange Park Boulevard, from the intersection of Meads Avenue to the intersection of Amapola Avenue, located within the City of Orange to be County of Orange highways during construction of storm drain improvements and roadway resurfacing by the County of Orange. ACTION: Approved. MOTION -Murphy SECOND -Cavecche AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Councilmember Murphy recorded an abstention on Items 3.7 and 3.10; Item 3.13 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 6.1 Accept resignation of Mark Clemens, from the Library Board of Trustees, effective immediately. (C2500.I.2) MOTION -Cavecche SECOND -Murphy AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to accept resignation, with regrets, of Mark Clemens, from the Library Board of Trustees, effective immediately. Page 5 CITY COUNCIL MINUTES 7. ADMINISTRATIVE REPORTS June 23, 2009 7.1 Report on Franchise Agreement for Integrated Solid Waste Collection. Continued from June 9, 2009) (C2500.M.1) Discussion -Deputy City Manager Rick Otto gave the staff report. He provided answers and information to Council on the questions that were raised at the last meeting on June 9, 2009. In answer to questions from Councilmember Dumitru, Mr. Otto stated that the City's Solid Waste Committee, consisting of himself, the Finance Director, and two high-level analysts from the Public Works Department, had ranked the companies based on Council- directed criteria,interviews, and reference checks, and subsequently met with the consultant to compare rankings.Council discussed whether or not to open the comment period to allow for comments on all aspects of the issue, or limit it to answers to questions from the last meeting, and anything new that has come to light within the last two weeks. The City Attorney opined that Council had the discretion to go either way.MOTION - Cavecche SECOND -Smith AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to reopen the comment period to hear only comments on questions raised at the last meeting, and information received in the two weeks since June 9.MAYOR CAVECCHE OPENED THE COMMENT PERIOD.S Bakers:Dean Ruffridge, CR&R;Jay Ware, Ware Disposal;Roger Grable, Ware Disposal;Wendy Bucknum, Representative of regional chamber of commerce and Laguna Woods Chamber of Commerce;Dennis Chiappetta, Athens;Eric Herbert, Athens;John Lewis, Athens.Councilmember Dumitru clarified with Mr. Chiapetta the capacity of the Southeast Resource Recovery Facility (SERRF) in Long Beach, and the fact that an additional SERRF exists in the City of Commerce.City Attorney David DeBerry, responded to comments by Mr. Grable regarding the RFP versus public works contract processes. He stated that he agreed with Mr. Grable that the Council was not bound by laws governing the award of public works contracts, but that those laws were designed to make the bidding process fair. He added that the City does not know whether Ware's mistake actually resulted in a higher proposal, but that it was within the Council' s discretion to determine it did and accept the lower bid.Page 6 CITY COUNCIL MINUTES June 23, 2009 7. ADMINISTRATIVE REPORTS (Continued) MAYOR CAVECCHE CLOSED THE COMMENT PERIOD. Deputy City Manager Rick Otto, addressing questions from Council, explained the rate differences between the companies with regard to extra carts and that the number of residential households in Orange is 30,000 with approximately 1,500 requiring an extra cart. He clarified that the total score rankings of the four companies performed by staff would not change after correction of Ware Disposal's numbers. Mr. Laith Ezell, HF&H consultants, in answer to questions from Councilmembers Dumitru and Bilodeau, stated that if a mistake has occurred by CR&R in estimating the need for only 13 trucks, the contractor bears the risk burden. He explained that there is no provision in the agreement for an extraordinary rate increase due to inaccuracies in estimated costs. City Attorney David DeBerry, responded to a question by Councilmember Bilodeau, stating that section 2.1 of the agreement requires the contractor to defend and indemnify and pay all legal costs for any challenges to Council's award of contract. Mr. DeBerry added that the inclusion of the reimbursement of his time can be negotiated. Mayor pro tem Smith expressed her appreciation to each of the four companies who have shown a desire to serve the City. She also commended staff and the consultant, stating her trust in their performance. She stated her desire to have one hauler, citing ease of billing and understanding of the operation. She stated that community involvement is an important qualification for the hauler, but not all citizens benefit from that; whereas, all citizens utilize trash services. She commented on CR&R being rated highest by the scoring system; and compared the scoring numbers between Waste Management and CR&R, concluding that CR&R's rates were much lower, especially their commercial rates. She stated that whoever gets the contract has huge shoes to fill and a huge responsibility to support the community. She added that based on the scoring and references, her initial decision is to support going forward with contract negotiations with CR&R. Councilmember Murphy stated his agreement with Mayor pro tem Smith, echoing the commendation to the four companies proposing to serve the City. He stated the process has been long and arduous, but well executed. He reviewed the RFP process that was followed and stated that even after evaluating proposals and determining the ranking, there is always a need to negotiate additional factors. He stated appreciation for Waste Management's service over the past ten years, but that the process has exposed, through staff analysis and consultant analysis, that there is a lower cost to be paid for residential and commercial waste hauling by selecting CR&R for the contract. Mayor Cavecche stated an interest in splitting the contract, stating that it would lower costs. She thanked the staff, adding that the process has been complicated. She commented on the shift in the rankings if the contract were split; and according to costs, that Athens would offer the lowest rates unless Ware's corrected rates were considered. She related that in her Page 7 CITY COUNCIL MINUTES June 23, 2009 7. ADMINISTRATIVE REPORTS (Continued) independent ratings of the companies, certain factors resulted against CR&R, such as their smaller financial commitment to support the community, the processing of the multi- family waste with the possibility of an extra charge for multi-family in the future, and the use, or lack of use, of the Materials Recovery Facility. She stated that she preferred splitting the contract and if done so, Ware Disposal would be her choice for the lowest residential rates and Athens Disposal for the lowest small- business commercial rates.Councilmember Bilodeau commended Waste Management for their excellent service, taking the city's waste services over after the previous hauler's actions and their affect on the City.He stated he was one of three votes directing this service be put out to bid. He stated that he looked at costs and accepted that Ware made an honest mistake in their original proposal, and in determining overall costs, concluded that CR&R provides the lowest residential and commercial rates. He stated that the category of financial resources goes against a small company such as Ware, and that he felt the scoring should have been pass or fail on certain categories. Hereiterated that CR&R scored highest and Ware scored second. He added his hope for the winning company to establish a material recycling facility for the City's residents.He proposed the selection of an alternate in the event that negotiations with the first choice failed. He ended by stating that the bifurcation issue had great arguments for and against, but that two of the companies did not offer proposals for bifurcation.Councilmember Dumitru commented on Waste Management's involvement in the community,noting that the Chamber of Commerce frequently commended their good community partner status. He commented that bifurcation would eliminate two of the proposers and increase the cost of the lowest bid. He stated that with regard to residential rates - using outside billing,Ware's new numbers, and the extra cart charge -the companies would be ranked in the following order: CR&R, Athens Disposal, Waste Management of Orange County and Ware Disposal. He stated he is not in favor of bifurcation and supports the staff recommendation for CR&R.Council discussed the merits of selecting an alternate and which company to select. MOTION - Murphy SECOND - Dumitru AYES - Smith, Murphy, Dumitru, Bilodeau NOES - Cavecche Moved to direct staff to finalize franchise agreement with CR&R for integrated solid waste collection for consideration at a future Council meeting.Page 8 CITY COUNCIL MINUTES 7. ADMINISTRATIVE REPORTS (Continued) MOTION - Cavecche SECOND - Dumitru AYES - Smith, Murphy, Cavecche, Dumitru NOES - Bilodeau Moved to continue solid waste billing by City staff.MOTION -Cavecche SECOND -Smith AYES -Smith, Cavecche, Bilodeau NOES -Murphy, Dumitru June 23, 2009 Moved that Council consider a second choice company in the event that negotiations are not successful with the first choice.MOTION Smith SECOND -Cavecche AYES -Smith, Murphy, Cavecche NOES - Bilodeau ABSTAIN -Dumitru Moved to select Athens as the second choice for waste hauler in the event that the negotiations with the first choice fails.Mayor Cavecche stated her preference for bifurcation of the contract, naming Ware as her choice as the residential waste hauler and Athens as the commercial hauler, but since it is not the Council's will, she supported Athens as the second choice company.7.2 Report on a Cooperation and Reimbursement Agreementwhich provides for Agency reimbursement to the City of Orange of the Agency's share of costs for railroad grade crossing safety enhancements and related improvements. (A2100. 0 Agr-5432)See related Redevelopment Agency MinutesItem No. 7.1.)Discussion - Sr. Project Manager, Lisa Kim, of the EconomicDevelopment Department,provided a report.Page 9 CITY COUNCIL MINUTES June 23, 2009 7. ADMINISTRATIVE REPORTS (Continued) RESOLUTION NO. 10393 A Resolution of the City Council of the City of Orange approving and authorizing the execution of a Cooperation and Reimbursement Agreement with the Orange Redevelopment Agency relating to Reimbursement by the Orange Redevelopment Agency of a portion of the cost of Railroad Grade Crossing Safety Enhancements and Improvements at certain Grade Crossings within the City. MOTION -Bilodeau SECOND -Cavecche AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to: 1) Adopt Resolution No. 10393; and 2) Reverse appropriation of $850,000 in Account 500-5032-486700-6065 (Capital Projects Fund -Quiet Zone Project Development).8. REPORTS FROM CITY MANAGER -None 9. LEGAL AFFAIRS -None 10. PUBLIC HEARINGS 10.1 TUSTIN/MEATS INTERSECTION WIDENING AND UTILITY UNDERGROUNDING PROJECT -CITY CAPITAL IMPROVEMENT PROJECT NO.3030, MITIGATED NEGATIVE DECLARATION NO. ENV 1814- 09. ( N1200.0 Neg-1814-09)Time set for public hearing to consider a Conceptual Plan and Mitigated Negative Declaration for the Tustin Street and Meats Avenue intersection widening project.Discussion -Interim Public Works Director, Joe DeFrancisco, provided a report.Councilmember Bilodeau thanked staff for bringing this project forward and added that it was a long CITY COUNCIL MINUTES June 23, 2009 10. PUBLIC HEARINGS (Continued) MAYOR CAVECCHE OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, MAYOR CAVECCHE CLOSED THE PUBLIC HEARING. RESOLUTION NO. 10391 A Resolution of the City Council of the City of Orange approving the Conceptual Plan for the Tustin Street/Meats Avenue intersection widening project and adopting Mitigated Negative Declaration No. 1814-09 and making certain findings in connection therewith.MOTION - Bilodeau SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to approve Resolution No. 10391.10. 2ARTIFICIAL TURF - ORDINANCE AMENDMENT (A2500.0 Ord-09-09 Artificial Turf) Time set for public hearing to consider an ordinance amending Sections 8.04.020 and 17.04.031 of the Orange Municipal Code updating the City's requirements, criteria, and minimum standards for the use of artificial turf as landscaping, and related modifications to the City landscaping standards and specifications and Old Towne Design Standards. ORDINANCE N0.9-09 (FIRST READING)An Ordinance of the City Council of the City of Orange amending Sections 8.04.020 and17.04.031 of the Orange Municipal Code to update definitions, requirements and standards pertaining to the use of artificial turf.RESOLUTION NO. 10392 A Resolution of the City Council of the City of Orange amending the City of Orange Landscape Standards and Specifications and the Historic Preservation Design Standards for Old Towne to reflect changes to the landscape and provisions to address artificial turf.MOTION - Cavecche SECOND - Dumitru AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to continue to July 14, 2009 at 4:30 p.m. Page 11 CITY COUNCIL MINUTES June 23, 2009 10. PUBLIC HEARINGS (Continued) 10.3 PARKING STANDARDS -ORDINANCE AMENDMENT (A2500.0 Ord- 10- 09 Parking)Time set for public hearing to consider an ordinance amending Chapter 17.34 of the Orange Municipal Code to establish internal consistency for parking space dimensions within the City's Off-Street Parking and Loading requirements.Discussion -Community Development Director Alice Angus provided a report.ORDINANCE NO. 10-09 (FIRST READING)An Ordinance of the City Council of the City of OrangeamendingSection 17.34. 110.E of the Orange Municipal Code to modify parking structure space dimensions to be consistent with the dimensions of surface parking lot spaces. MOTION -Bilodeau SECOND -Murphy AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to: 1) Find the Ordinance categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15305; and 2) That Ordinance No. 10-09 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 12. RECESS TO CLOSED SESSION The City Council did not recess to a Closed Session for the following purposes:a. 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 CITY COUNCIL MINUTES 13. ADJOURNMENT -the City Council adjourned at 8:05 p.m. There was no 7:00 p.m. Session scheduled for June 23`d The next Regular Council Meeting is scheduled for July 14, 2009 at 4:30 p.m. June 23, 2009 Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of June 23, 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. ARY E. MURPHY CITY CLERK Page 13