HomeMy WebLinkAbout11-25-2008 Council MinutesAPPROVED BY THE CITY COUNCIL ON DECEMBER 9, 2008
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
November 25,2008
The City Council of the City of Orange, California convened on November 25, 2008 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 Bubba Lipscomb, First Southern Baptist Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Mark A. Murphy
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of
Employee Service Awards.Announcement - Tree
Lighting Ceremonyand Candlelight Choir Procession, Sunday,December ih.2.
PUBLIC COMMENTS -
None.Page I
CITY COUNCIL MINUTES November 25, 2008
3. CONSENT CALENDAR
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 November 6 and 13,
2008.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting dated November 12,
2008. (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 October 31, 2008.
C2500.F)
ACTION:Approved.
3.5 Receive and file the Investment Oversight Committee's Report, period ending
October 31, 2008. (OR1800.0.27.16)
ACTION:Approved.
Page 2
CITY COUNCIL MINUTES November 25, 2008
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.6 Mills Act Contract No. MAC-180.0-08 (Historic
Property Preservation Agreements) 515 E. Maple Avenue. (A2100.
0 Agr-5353)ACTION: Approved a Mills Act Contract (Historic
Property Preservation Agreement)between the City of Orange and the property owner (Application
No. MAC-180.0-08),for the preservation, restoration and/or rehabilitation of
a qualified historic property in exchange for
a reduced property tax assessment.3.7 Freeway Maintenance Agreement between the State of
California and the City of Orange for the SR-22 Freeway within the City of
Orange from O.lkm west of Lewis Street
to Route 55. (A2100.0 Agr-5354)ACTION: Approved the
Freeway Maintenance Agreement, and authorized the Mayor and the City Clerk
to execute on behalf of the City.3.8 Consultant Services Agreement
with RBF Consulting to prepare technical studies and
California Environmental Quality Act (CEQA) compliance documentation for the City's
Main Street Widening Project. (A2100.0 Agr-5355)ACTION: 1) Approved
Consultant Services Agreement with RBF Consulting for the preparation of technical
studies and CEQA compliance documentation for the Main Street Widening Project in an amount not
to exceed $60,000; and authorized the Mayor and City Clerk to
execute the agreement on behalf
of the City.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. Roman Catholic
Bishop of Orange/
Marywood School b.
Brandy Wygal c. JoAnne
Kemper d. Gina Smith e. Elvia Cortez Villanueva ACTION: Denied Claim(s) for
damages and
CITY COUNCIL MINUTES November 25,2008
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.10 Final Acceptance of Bid No. 067-40; Reservoir 1, lA, 9A and 10
Exterior Recoating and authorization to file Notice of Completion with the
County Recorder. Contractor: Techno Coatings, Inc. (No staff report required). (A2100.
0
Agr-5077)ACTION: Accepted public work improvements, authorized release of
Fidelity and Deposit Company of Maryland, Bond No. 08894529, and Travelers
Casualty & Surety Company of America Bond No. 104809468 in the amount of $482,000.
00 and authorized the Mayor and City Clerk to execute the Notice
of
Completion.PURCHASES 3.11 Purchase of nine MOBILEVU displays, keyboards, and power cables
from L3 Communications, Inc. along with the purchase of nine mobile data
units from Raytheon, for Orange Police Department. (
C2500.K)NOTE: Councilmember Murphy abstained from voting on this item because
of a potential conflict of interest due to
his employment.ACTION: Approved the purchase of nine MOBILEVU displays,
keyboards, and power cables from L3 Communications, Inc. in the amount of $50,553.
73; and approved the purchase of nine mobile data units from Raytheon in the
amount of39,
444.
48.RESOLUTIONS 3.12 RESOLUTION
NO. 10337 A Resolution of the City Council of the City of Orange Regarding the
2008 Christmas Holiday Closure. (C2500.
J.4)
ACTION: Approved.3.13 RESOLUTION NO. 10338 (
C2500.J)A Resolution of the City Council of the City of Orange expressing appreciation
to Leila Ahlo Hoopii for nineteen and one-half years of dedicated and outstanding
service to the
citizens of
Orange.ACTION:
CITY COUNCIL MINUTES November 25,2008
3. CONSENT CALENDAR (Continued)
3.14 RESOLUTION NO. 10339 (C2500.M)
A Resolution of the City Council of the City of Orange expressing appreciation to Gail
T. Farber, Public Works Director and commending her for her three years of dedicated
serVIce.
ACTION: Approved.
MOTION - Murphy SECOND -
Smith AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Councilmember Murphy abstained
from voting on Item 3.11 because of a potential conflict of interest
due to his employment. All items on the Consent Calendar were approved as recommended.
END OF CONSENT
CALENDAR 4. REPORTS FROM
MAYOR CA VECCHE - None 5. REPORTS FROM COUNCILMEMBERS -
None 6. REPORTS FROM BOARDS, COMMITTEES,
AND COMMISSIONS - None Page 5
CITY COUNCIL MINUTES November 25, 2008
7. ADMINISTRATIVE REPORTS
7.1 Appropriation of grant and matching funds for five road rehabilitation projects
under the Arterial Highway Rehabilitation Program (AHRP). (H1200.A.1)
Councilmember Smith noted that she had been fully briefed on this item; and that these street
improvements will greatly benefit the residents.
MOTION - Smith SECOND -
Bilodeau AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved to:1)
Transfer $2,
153,099.97 from 550-5011-483300-3032 (Main St. Widening: Culver to
260 feet north of Palmyra) to the following accounts:
550-5011-483300-3090 Santiago Blvd Rehab: 255'S/O Brookside-
Lincoln $ 988,808.00 550-5011-483300-3091 Cambridge St.
Rehab: Walnut to Collins $ 229,664.00 550-5011-483300-
3092 Cambridge St. Rehab: Katella to Taft $ 250,076.50
550-5011-483300-3093 Cambridge St. Rehab: Taft to Meats $
384,050.50 550-5011-483300-3094 Glassell St. Rehab: Fletcher to Dunton $ 300,500.
97 2) Appropriate $2,583,741.97 from the unreserved
fund balances of Measure M (Fund 262) and Gas
Tax (Fund 272) to the followingprojects:
262-5011-483300-3090 Santiago Blvd: 255'
S/O Brookside to Lincoln 262-5011-
483300-3091 Cambridge St Rehab: Walnut - Collins
262-5011-483300-3092 Cambridge St Rehab:
Katella - Taft 272-5011-
483300-3092 Cambridge
St Rehab: Katella -
Taft 272-5011-
483300-3093 Cambridge
8t Rehab: Taft -
Meats 272-5011-483300-3094 Glassell St. Rehab: Fletcher to Dunton 1,
186,450.00 275,664.00 230,076.50 70,
000.00461,050.50 360,500.97 7.2 Request for Proposals (
RFP) for Integrated Solid Waste Management Services Continued
from September 9, 2008). (C2500.M.1) TAPE 520 Discussion - Deputy Public Works Director/Field
Operations, Joe De Francesco and Senior Administrative Analyst, Greg Warren gave the staff report.
In response to Council questions, Mr. Laith Ezzett, HF&H Consultant, explained that in the
RFP, there is a suggested dollar threshold amount for annual company revenue. He explained that the figure
was flexible, but the ideal manageable growth of the successful company should not be
more than a one-third increase in the
company's
CITY COUNCIL MINUTES November 25,2008
7. ADMINISTRATIVE REPORTS (Continued)
City Attorney, David DeBerry stated that to get a guarantee of continuing in the lowest third in
rates Countywide, the franchise fees charged by other cities would have to be backed out for
comparison purposes since the City does not charge franchise fees.
Councilmember Bilodeau questioned the disposal of electronic equipment and medical waste
and stated the need for the City to have a disposal program of these types of waste.
Mr. Warren stated that the County has a program offering grant funding to be used for e-
waste and household hazardous waste collection, providing for pick up of these hazardous
wastes.Discussion ensued regarding language changes in the
RFP:Toning down the language for requirements, but maintaining some thresholds for
an indicator of
experience.Delete first sentence in Attachment
6.Removing certain requirements to create more open and fair competition among
bidders.Removing the word requirement in the RFP, replacing with a request for an
explanation of a No answer, or provide a
checklist.Verbiage to determine company size and financial
information.Councilmember Bilodeau wanted to ensure that bidders' vehicles would be in compliance
with AQMD requirements; and that he will be looking for the best proposal
overall.Mayor Cavecche noted she will be looking at ways for companies to meet clean
aIr
requirements.MOTION - Cavecche
SECOND - Murphy AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Authorize
the advertisement and distribution of the RFP for solid waste collection;with changes
to Attachment 6 to strike the word "requirement" and delete the first sentence.8. REPORTS
FROM CITY MANAGER -At the request
of the City Manager, Joe DeFrancesco, Deputy Public Works Director/Field Operations, provided an
update on the City's water services, due to questions about the recent fires, noting there
are adequate water reservoirs and water flow in the City.Page 7
CITY COUNCIL MINUTES November 25, 2008
9. LEGAL AFFAIRS - None 10.
PUBLIC HEARINGS 10.
1 SOLID WASTE RATE ADJUSTMENTS. (C2500.M.1)Time
set for public hearing to consider adoption of Adjusted Fees for the Provision of Residential
and Commercial Solid Waste Services.Discussion -
Deputy PublicWorks Director/Field Operations, Joe De Francesco gave the staff report stating
that Waste Management's agreement allows that an annual adjustment of rates may be
submitted by a certain time each year; but that the rates must be within the lowest one third of
comparable cities in the County.Senior Administrative
Analyst, Greg Warren stated that this is the final year of the ten-year agreement.
Council
discussed aspects of the subsidy and agreed to Councilmember Murphy's suggestion to
keep the subsidy rates at the FY 2007-08 levels; and reiterated the fact that the Council is
contractually obligated to consider a rate adjustment each year.
THE MAYOR OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE PUBLIC HEARING.
Council Action
RESOLUTION NO. 10332
A Resolution of the City Council of the City of Orange approving revised rates for Solid Waste
Collection and Disposal Services.
MOTION - Murphy SECOND -
Smith AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved to adopt
a revised Resolution No. 10332, maintaining the subsidy levels at the current amounts.Page 8
CITY COUNCIL MINUTES November 25,2008
10. PUBLIC HEARINGS (Continued)
10.2 OFF-STREET PARKING AND LOADING REQUIREMENTS. (A2500.0
Ord-17-
08 Parking)Time set for public hearing to consider amending Chapter 17.34 of the Orange
Municipal Code to modify the City's Off-Street Parking
and LoadingRequirements.Discussion - Community Development Director, Alice Angus gave the
staff report.Councilmember Bilodeau stated that the dimensions of the parking spaces are
now an additional 18
inches wider.Mayor Cavecche expressed concern for the requirement of an additional parking
space for residential remodels which add a fifth bedroom, stating that in most cases there would
not be enough room
to comply.Councilmember Smith suggested that if the additional parking requirement for a
fifth bedroom remodel is a hardship, a resident can apply for some type of variance
or adjustment.THE MAYOR OPENED THE
PUBLIC HEARING.THERE BEING NO SPEAKERS, THE MAYOR CLOSED THE
PUBLIC HEARING.ORDINANCE NO. 17-
08 (FIRST READING)An Ordinance of the City Council of City Council of the City of
Orange amending Chapter 17.34 of the Orange Municipal Code to modify the City's Off-
Street
Parking and Loading
Requirements.MOTION - Bilodeau
SECOND - Murphy AYES - Smith, Murphy,
Bilodeau NOES - Cavecche, Dumitru
Moved to find the Ordinance categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15305; and
Ordinance No. 17-08 be read by title only and same was set for second reading by
the preceding
vote.Mayor Cavecche voted No because the parking requirements for any resident adding on a
fifth bedroom are too
restrictive.Page
CITY COUNCIL MINUTES November 25,2008
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
12. RECESS TO CLOSED SESSION
The City Council recessed at 5:50 p.m. to a Closed Session for the following purposes:
a. Conference with Real Property Negotiators pursuant to Government Code Section 54957.6:
Property:
City Negotiators:
Negotiating Party:
Under Negotiation:
206 S. Center
John Sibley and Rick Otto
Ricci Family Trust
Price and terms
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
There is no 7:00 p.m. Session scheduled for the November 25,2008 Council meeting.
The City Council adjourned at 6:35 p.m. to an Adjourned Regular Meeting on Tuesday,
December 2, 2008 at 7:00 p.m. in the Council Chambers for the Oath of Office ceremony for
newly elected officials.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of November 25, 2008 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.
M.
MU
CIT LERK
Page 10