HomeMy WebLinkAbout07-14-2009 Council MinutesAPPROVED BY THE COUNCIL ON AUGUST 1 1, 2009
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
July 14, 2009
The City Council of the City of Orange, California convened on July 14, 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 Danny Kurimay, Zion Christian Center
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Denis Bilodeau
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of
Proclamation designating July as Parks and Recreation Month.Presentation from
Southern California Edison.2. PUBLIC
COMMENTS John Burt,
representing Rotary Clubs, spoke on the Rotary/Angels BaseballGame fundraising event
to End Polio Now, Saturday, August 29th Page 1
CITY COUNCIL MINUTES
3. CONSENT CALENDAR
July 14, 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 18, 25 and July 2,
2009.
ACTION: Approved.
3.2 Request approval of City Council Minutes, Regular Meeting June 23, 2009.
C2500.D.4)
ACTION: Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
3.4 A Cooperation Agreement between the City of Orange and Orange
Redevelopment Agency relating to reimbursement by the Agency for costs
associated with engineering and design services for the Vapor Extraction System
VES) at Yorba Park; and, the award of a Consultant Services Agreement
between the City and Bryan Stirrat & Associates. (See related Redevelopment
Agency Agenda Item 3.3) (A2100.0 Agr-5435;
5436)ACTION: 1) Approved the Cooperation Agreement between the City and Agency;
2)Approved the Consultant Services Agreement between the City and Bryan
Stirrat &Associates in an amount not to exceed $40,810 for engineering and design
services associated with the VES upgrades at Yorba Park Project; and, 3) Authorized the
Mayor and City Clerk to execute all necessary agreements on behalf of the
City.Page
CITY COUNCIL MINUTES July 14, 2009
3. CONSENT CALENDAR (Continued)
3.5 Cooperative Agreement No. C-9-0243 Between the Orange
County Transportation Authority (OCTA), the City of Orange and the Orange Redevelopment
Agency for Parking Capacity Expansion at the Orange Transportation Center. (
See related Redevelopment Agency Agenda Item 3.4) (A2100.
0 Agr-5437)ACTION: Approved Cooperative Agreement No. C-9-
0243; and authorized the Mayor and City Clerk to execute the
Agreementbehalf of the City.3.6 A Cooperation and Reimbursement Agreement between
the City of Orange and the Orange Redevelopment Agency for reimbursement by
the Agency to the City for costs related to certain public improvements
along portions of Lemon Street,Grove Avenue, Emerson Avenue and Cypress Street;
and, award of contract for Bid No. 089-30 -Rehabilitation of
Lemon Street, Grove Avenue, Emerson Avenue and the reconstruction of
Cypress Street Industrial Streets. (Seerelated Redevelopment Agency Agenda Item
3.5) (A2100.0 Agr-5438; 5439)ACTION: 1) Approved
the Cooperation and Reimbursement Agreement; 2) Awarded thecontract in the amount of $659,573.49
to RJ Noble Company; and, 3) Authorized the Mayor and City Clerk to execute the
necessarydocuments on behalf of the City.3.7 Agreement for Professional Services
for Water Rate and Sanitation Rate Studies for
the City of Orange. (A2100.0 Agr-5440)ACTION: Awardedthe contract in the amount
of $45,000.00 to Black & Veatch Corp.and authorized the Mayor and City
Clerkto execute on behalf of the City.3.8 Consultant Services
Agreement with IDS Group, Inc. for Project and Construction Management Services
for FY 2009-2010 on the El
Camino Real Park Renovation Project. (A2100.0 Agr-5026.C)ACTION: Approved
agreement with IDS Group, Inc. and authorized the Mayor and City
Clerk to execute the agreement on behalf of the City.3.9 First
Amendment to Consultant Services Agreement No. 4829 with IDS Group,Inc. for
Project and Construction Management Services for the Grijalva Park at
Santiago Creek Gymnasium/Sports Center Project. (A2100.0 Agr-4829.1)ACTION:
Approved the First Amendment to Agreement No. 4829; and authorized the Mayor and
City Clerk
CITY COUNCIL MINUTES July 14, 2009
3. CONSENT CALENDAR (Continued)
3.10 Renewal of contract with Hinderliter, de Llamas and Associates (HdL) for Sales
and Use Tax Audit and Information Services. (A2100.0 Agr-3090.
B)ACTION: Approved the agreement for Sales and Use Tax Audit and
Information Services between the City of Orange and HdL and authorized the Mayor and the
City Clerk to execute the agreement on behalf of the
City.3.11 Appraisal Contract with Kiley Company Real Estate Appraisers for the
Main Street Widening Project. (A2100.0 Agr-5308.
A.1)ACTION: Approved the Appraisal Contract between the City of Orange and
the Kiley Company in the amount of $49,500, and authorized the Mayor and City
Clerk to execute the contract on behalf of
theCity.3.12 First Amendment to Liquid Chlorine Deliveries Contract
with Waterline Technologies, Inc. (A2100.0
Agr-5301.1)ACTION: Approved First Amendment to Liquid Chlorine
Deliveries Contract with Waterline Technologies, Inc. in the amountof $60,800.00 and
authorized the Mayor and City Clerk to execute on behalf
of
theCity.BIDS 3.13 Bid No. 090-03; Approval of Plans and
Specifications and Request Authorization to Advertise for Bids for construction
of Arterial Highway Rehabilitation Program (AHRP) - Santiago
Boulevard RehabilitationImprovements.
54000.5.7)ACTION: Approved plans and specifications and authorized advertising
for bids for the Santiago
Boulevard Rehabilitation Improvements.3.14 Bid No. 090-05; Approval of Plans and
Specifications and Request Authorization to Advertise for Bids for construction
of Arterial Highway Rehabilitation Program (AHRP) Projects -Glassell Street from
Fletcher Avenue toDunton
Avenue. (54000.5.7)ACTION: Approved plans and specifications and authorized
advertising for bids for the Glassell Street
Arterial Highway
CITY COUNCIL MINUTES July 14, 2009
3. CONSENT CALENDAR (Continued)
3.15 Bid No. 090-04; Approval of Plans and Specifications and Request
Authorization to Advertise for Bids for construction of Arterial Highway
Rehabilitation Program (AHRP) Projects -Cambridge Street from Walnut Avenue to
Collins Avenue and from Katella Avenue to Meats Avenue. (S4000.S.
7)
ACTION:1) Approved plans and specifications and authorized advertising for bids for
the Glassell Street Arterial Highway Rehabilitation
Improvements;2) Transferred all unencumbered balances and financial transactions as of June
30,2009 from accounts 550-5011-483300-3092
and 550-5011-483300-3093 to account
550-5011-483300-3091 (Cambridge St. Rehab.: Walnut-Collins and Katella-Meats);
3) Transferred all unencumbered balances and financial transactions
as of June 30,2009
from 262-5011-483300-3092 to account 262-5011-483300-3091 (Cambridge
St.Rehab.: Walnut-Collins and Katella-Taft); and
4) Transferred all unencumbered balances and financial
transactionsas of June 30,
2009 from accounts 272-5011-483300-3092 and 272-5011-483300-3093 to
account272-5011-483300-3091 (Cambridge St. Rehab.: Walnut-Collins and Katella-Meats).3.
16 CLAIMS (C3200.0)SUMMARY: The following claim(s) havebeen 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.
Los Angeles Engineering, Inc. (May 6, 2009)b. Los Angeles Engineering, Inc. (May
8, 2009)
CITY COUNCIL MINUTES July 14, 2009
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.17 Award of Contract -Bid No. 089-31, to Cora Constructors Inc., for Relocation
of the Cannon Pump Station (W-645). (A2100.
0 Agr-5442)ACTION: 1) Transferred $1,363,900.00
from Account 550-5011-485100-6103 Santiago Creek Bike Trail
North)
to Account 550-8011-484102-8205 (Cannon Pump Station);2)
Transferred $107,000.00 from Account 601-8041-
484501-8400 (Pipeline Renewal Project) to Account 601-8011-484102-8205 (Cannon Pump Station); and 3)
Awarded the contract in amount of $1,793,000.00 to Cora Constructors,
Inc. and authorized the Mayor and City Clerk to execute on behalf of the City.
3.18 Award of Contract -Bid No. 089-41; State Safe Route to
School (SR2S) Nohl Ranch Road Sidewalk
Improvements from 110 feet west of Valley Glen Lane toNohl Canyon Road. (A2100.0
Agr-5443)ACTION: Awarded a contract in the amount of $178,998.25 to
Quality First Concrete of 930 Lawrence Street, Placentia,
CA 92870, and authorized the Mayor and the City Clerk to execute on behalf
of the City.3.19 Contract
Change Order No. 02 and Final -Bid No. 089-09; Data Center EmergencyPower Project. (A2100.
0 Agr-5350)ACTION: Approved
Contract Change Order No. 2 in the amount of $5,694.30 to
Stars Electric, for the extra work.3.20 Final Acceptance
of Bid No. 089-09; SP-3667; Data Center Emergency
Power Project -Stars Electric (No staff report required). (A2100.0 Agr-5350)ACTION: Accepted public
work improvements, authorized release of Sioux Munyon Insurance Service Bond
No. 728441P in the amount of $245,400.00 and authorized
the Mayor and City Clerk to execute theNotice
of Completion.3.21 Second Amendment to Asphalt Concrete
Replacement at Various Locations Contract with Hardy & Harper, Inc. (A2100.0
Agr-5120.
CITY COUNCIL MINUTES July 14, 2009
3. CONSENT CALENDAR (Continued)
DEPOSIT
3.22 Approval of Deposit with Southern California Edison in connection with the
Tustin Street and Meats Avenue Critical Intersection Project. (N1200.0 Neg-
1814-
09)ACTION: Approved Deposit with Southern California Edison in an amount of $50,
000 to proceed with the preliminary engineering and development of cost estimates for
the relocation of power
poles.
GRANTS3.23 Assembly Bill (AB) 3229 grant money for funding of Police support
personnel.C2500.
K)ACTION: 1)When received, allocated the FY 2009 COPS grant award to fund
the following posi tions through June 30,
2010:Position No.Class Description Funded By COPS
Status 1769 Civilian Investigative Officer 100
Full-time 1766 Civilian Investigative Officer 100 19
hr/week 1767 Civilian Investigative Officer 100 19
hr/week 1770 Crime Prevention Officer
50 Full-time 2) Appropriated $85,404 in additional State COPS revenue to fund the
other 50% of the Crime Prevention Specialist position through
June30, 2010.3.24 Agreement AL1036 with the State of California Office of Traffic
Safety (OTS) for the DUI Enforcement and Awareness Program grant for
Federal Fiscal Year 2010. (A2100.
0 Agr-5117.B)ACTION: 1) Approved agreement with the State of California
OTS for the DUI Enforcement and Awareness Program and authorized the City
Manager to execute the agreement on behalf
of the City; and 2) Appropriated $144,020 from the General Fund, into the
Traffic Program as follows:
100-4041-412101-2266 $138,
020 Overtime-Safety 100-
4041-429400-
CITY COUNCIL MINUTES July 14, 2009
3. CONSENT CALENDAR (Continued)
PLANS
3.25 Updated City of Orange Sanitary Sewer Management Plan. (C2500.M.3)
ACTION: 1) Adopted the updated Sanitary Sewer Management Plan; 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 Sanitary Sewer Management Plan) deemed necessary or advisable in order to carry
out, give effect to, and comply with the terms and intent of the State Water Resources
Control Board Order No. 2006-
0003-
DWQ.PURCHASES 3.26 Purchase of Police Department uniforms and accessories from Galls,
Inc. through a cooperative purchasing agreement. (
C2500.K)NOTE: Councilmember Dumitru recorded a No vote on
this item.ACTION: Authorized purchase of Police Department uniforms from Galls, Inc.
in the amount of $
80,000.3.27 Purchase of print and non-print materials for Orange
Public Library facilities from Baker & Taylor, Inc., in theamount of $35,
000. (C2500.I)ACTION: Authorized purchase of print and non-print
materials for Orange Public Library facilities from Baker & Taylor, Inc., in the
amount
of $35,000.RESOLUTIONS 3.28 RESOLUTION
NO. 10396 (C2500.K)A Resolution of the City Council of the City of
Orange expressing appreciation to Lieutenant Brad Davis of the Orange Police Department and
commending him for more than 28 years of
loyal and
dedicated service.ACTION:
Approved.MOTION -
Dumitru SECOND -Smith AYES -Smith, Murphy,
Cavecche, Dumitru, Bilodeau Councilmember Dumitru recorded a No vote on Item 3.26. All items
on the Consent Calendar were
approved as recommended.END
OF CONSENT
CITY COUNCIL MINUTES July 14, 2009
4. REPORTS FROM MAYOR CAVECCHE -None
5. REPORTS FROM COUNCILMEMBERS
Councilmember Dumitru requested staff to return to Council in August with a report on the
C & D Ordinance.
Councilmember Bilodeau requested the upcoming PERS briefing be held during a regular
Council meeting.
Councilmember Bilodeau spoke on an idea to obtain more input from community volunteers
and councilmembers for planning city events, and will report back with more information.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS -None
7. ADMINISTRATIVE REPORTS
7.1 Report on Solid Waste Franchise Agreement.
Discussion
Deputy City Manager Rick Otto provided a report, reviewing the terms of the proposed
agreement with CR&R, which begins February 2010. He noted the proposed rates from
CR&R are based on current county landfill rates, which are scheduled to increase July 2010;
and explained the three options available for adjusting these rates to reflect the new landfill fee.
In response to Council questions, Mr. Otto explained that residents are allowed one extra
Recycling and Greenwaste cart at no additional charge but there will be an extra fee for an
additional Refuse cart. In addition, Mr. Otto indicated that damaged carts would be exchanged
by the hauler, but there would be a cost to exchange cart sizes after the first six months.
Councilmember Dumitru wanted to ensure that this new agreement, and the substantial cost
savings, would be highly promoted throughout the city; and asked CR&R about placing
informational stickers on trash bins about the Safe Surrender Program.
Dean Ruffridge, CR&R, stated they did place informational stickers on the Safe Surrender
Program on commercial trash bins in another city but they were removed after a few months
because of an impression by the public; and that they would be willing to do this in Orange but
wanted to ensure the message on the stickers was very clear. He also noted there are state
brochures on this subject that could be mailed out with city billing.
Page 9
CITY COUNCIL MINUTES July 14, 2009
7. ADMINISTRATIVE REPORTS (Continued)
Mayor Cavecche asked for clarification on the rate adjustments and why the fees for
additional recycling and green waste carts would be affected, if the increase in fees next year is
due to an increase in county landfill fees, which doesn't affect recyclables or green waste.
Mr. Laith Ezzet, HF&F Consultant, explained the rate adjustment formulas do not include
different sets of weighting factors, and that the rates even out in the long run.
Mayor pro tem Smith asked about pick-up of bulky items; graffiti removal from trash
bins;public education program; and the fees paid to the city for public education and waste
related enforcement and administrative
costs.Mr. Ruffridge clarified that multi family dwelling units are allowed one bulky item pick-
up per unit, not per bin; that a toll free number for graffiti removal will be advertised and
that graffiti will be removed from bins as well as carts; andthat CR&R will employ a full
time recycling specialist dedicated to Orange to work with businesses
and organizations.Mr. Otto explained the fees paid to the city for public education is for the
Orange Progress publication, and other fees are for Public Works enforcement of waste collection
and related
franchise issues.Councilmember Bilodeau asked that the term Designee be used whenever
possible throughout the
proposed agreement.Council discussed the various rate options -whether to start with the current proposed
rate in February and then adjust it upward in July because of the County's increased rates (
Option 1);or implement a smoothed rate in February that amortizes the new County fee increase
to avoid a rate adjustment five months later in July (
Option 2).Mr. Ezzet explained that Options 1 and 2 would result in identical revenue over 8
years, but that Option 2 would result in a lesser cost if the agreement were extended to 12 years,
which is allowed under the terms of
the agreement.Councilmember Murphy suggested that if the fee were raised just five months into
the contract,it may have the image of a teaser rate and have a
negative impact.Mayor Cavecche wanted to ensure the public was made aware of the upcoming increase
in the County
landfill costs.
CITY COUNCIL MINUTES July 14, 2009
7. ADMINISTRATIVE REPORTS (Continued)
RESOLUTION NO. 10397
A Resolution of the City Council of the City of Orange approving a Solid Waste Franchise
Agreement with CR&R Incorporated. (A2100.0 Agr-
5444)MOTION -
Murphy SECOND - Dumitru
AYES -Smith, Murphy, Dumitru, Bilodeau
NOES -Cavecche
Moved to adopt Resolution No. 10397.
MOTION -Bilodeau
SECOND -Murphy
AYES -Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to include Rate Option No. 2, reflecting the increase in the Orange County Landfill
Tipping Fee effective at contract implementation of February 1, 2010, into the Franchise
Agreement.
8. REPORTS FROM CITY MANAGER -None
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 10-09 (SECOND READING) (A2500.0 Ord-
10-09 Parking)An Ordinance of the City Council of the City of Orange amendingSection17.34.110.
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 that Ordinance No. 10-09 be read by title only and same was
approved and adopted
by the
CITY COUNCIL MINUTES
9. LEGAL AFFAIRS (Continued)
July 14, 2009
9.2 ORDINANCE NO. 14-09 (FIRST READING) (A2500.0 Ord-14-
09
Business Tax Exemptions)An Ordinance of the City Council of the City of OrangeaddingSection 5.12.090
to the Orange Municipal Code relating to exemptions
from
Business Taxes.Tlicrnccinn Mr. Rich Jacobs, Finance Director, provided a report, explaining that
this proposed Ordinance would exempt home based and small businesses with revenue of $2,000 or
less in yearly revenue from paying
a business tax.Council discussed whether small businesses should have to pay any fees at
all; whether they should have to pay only the processing fees; the importance of having a
record of all businesses in the city, whether they pay a fee or not; and the cost of
processing an
exemption.MOTION -
Cavecche SECOND -Bilodeau AYES -Smith, Murphy,
Cavecche, Dumitru, Bilodeau Moved to continue to
August 25, 2009.
10. PUBLIC HEARINGS 10.1 ARTIFICIAL TURF - ORDINANCEAMENDMENT (A2500.
0 Ord-
09-09 Artificial Turf)The public hearing to consider anordinanceamending 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, was continued
from
June 23, 2009.Discussion Alice Angus, Community Development Director, provided a report.
In response to Council questions about artificial turf in Old Towne, she explained that landscaping
is addressed in the Old Towne Design Standards; and in surveying other historic districts,
it was found that artificial turf is usually not allowed in areas visible from the public right of
way because it is not an authentic material. She also noted that school playing fields
are treated
differently than
CITY COUNCIL MINUTES July 14, 2009
10. PUBLIC HEARINGS (Continued)
Councilmember Bilodeau noted that artificial turf looks better than some grass and with the
guidelines in place, the quality should be good enough to put in Old Towne.
Councilmember Smith stated she was not in favor of artificial turf in any area of the city,
expressing concern about the long term effects and problems associated with parkways when
city crews need to do work on trees, sidewalks and gutters. She also noted that Old Towne is a
designated Historic District, and that artificial turf is not a good fit in Old Towne, citing the
importance of true historic preservation.
Councilmember Murphy suggested that homeowners be made aware of the responsibilities and
expectations of artificial turf.
MAYOR CAVECCHE OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, MAYOR CAVECCHE CLOSED THE PUBLIC
HEARING.
City Attorney David DeBerry noted that if artificial turf were to be considered in Old Towne, it
may change the findings of the environmental review.
Council Action:
ORDINANCE N0.9-09 (FIRST
READING)An Ordinance of the City Council of the City of Orange amending Sections 8.04.020
and 17.04.031 of the Orange Municipal Code to update definitions, requirements and
standards pertaining to the use of artificial
turf.MOTION -
Bilodeau SECOND -
Cavecche AYES -Murphy, Cavecche, Dumitru,
Bilodeau NOES -
Smith Moved to find the Ordinance categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15305;
and that Ordinance No. 9-09 be read by title only and same was set for second reading
by the preceding vote; second reading to be scheduled for August
25, 2009.
CITY COUNCIL MINUTES July 14, 2009
10. PUBLIC HEARINGS (Continued)
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 -Bilodeau
SECOND - Dumitru AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved
to continue Resolution No. 10392 to August 25, 2009; staff to provide additional information
on the environmental exemption for less restrictive conditions; provide samples of artificial
turf; and provide two Resolutions for consideration -one which allows artificial turf in
Old Towne and one which does not.11.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
12.
RECESS TO CLOSED SESSION NOTE:
The Council did not recess.The
City Council recessed 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 in Closed Session.Page
14
CITY COUNCIL MINUTES July 14, 2009
13. ADJOURNMENT -The City Council adjourned at 7:10 p.m.
There was no 7:00 p.m. Session for July 14, 2009.
The July 28, 2009 Council meeting has been cancelled. The next Regular Council
Meeting is scheduled for August 11, 2009 at 4:30 p.m.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of July 14, 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.
Page 15