11/22/2005 - Council Minutes - CC Minutes Reg Meeting
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APPROVED BY THE CITY COUNCIL ON DECEMBER 13, 2005
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING November 22,2005
The City Council of the City of Orange, California convened on November 22, 2005 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 Mr. Warren Johnson, Assistant Coordinator, The Salvation Army
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Mark Murphy
1.3 ROLL CALL
PRESENT
ABSENT
Smith, Ambriz, Murphy, Dumitru
Cavecche
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation by Assemblymember Bob Huff - overview of the highlights of the past
legislative year.
Presentation of Resolution No. 10033 to Robert Stolhand of the Public Works
Department.
Presentation of Mayor's Award to Sally Trejo and Virginia Miscione for their heroic life-
saving actions.
Employee Servicc Awards were presented to: Chris Carnes and Ken Eckman -
Community Development; Rosealie Brooks - Finance; Toni Gray and Steve Booze -
Police; ChrIres Tuggle, Carl CollIins and Dean Crockett - Fire; Rene Alonzo, Chris
LaFace, Jose Maciel, John Lynch, Javier Sosa, and Hector Velazquez - Public Works.
Announcements:
. Christmas Tree Lighting Ceremony on Sunday, December 4th at 4:30.
. Councilmember Dumitru's Birthday is Friday, November 25th
. Orange High School is in the CIF Playoffs.
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CITY COUNCIL MINUTES
November 22,2005
2. PUBLIC COMMENTS
Tom Schwabauer, Address on File, thanked the Firefighters and Police Officers Koors,
Nichols and Lopez for their assistance during recent events.
Jim Owens, 163 S. Cypress, expressed concerns on the recent announcement from
Mctrolink and OCT A on the addition of train lines through the City; and spoke on the
need for Quiet Zones and train curfews.
Mike Merino, Address on File, thanked the City and the Police Department for
conducting the Citizens Police Academy.
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 itcms 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 3 and
November 10,2005.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting, November 8, 2005.
(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, 2005.
(C2500.F)
ACTION:
Approved.
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CITY COUNCIL MINUTES
November 22, 2005
3. CONSENT CALENDAR (Continued)
3.5
Investment Oversight Committee Report for the Period Ending October 31, 2005.
(ORI800.0.27.16)
ACTION:
Approved.
AGREEMENTS
3.6 Approve contract renewals with Delta Dental Plan of California and DeltaCare
Group Dental Service for employee dental insurance benefits, effective January 1,
2006 through December 31, 2006. (A2100.0 Agr-4590.A, 2937.B)
SUMMARY: The City has contracted with Delta Dental Plan of California to provide
indemnity and Pre-Paid dental insurance benefits to City employees. These plans provide
comprehensive dental insurance coverage for employees and their family members. The
contract for these plans is currently up for renewal.
ACTION: Approved a one-year contract renewal with Delta Dental Plan of California
and DeltaCare Dental Service, and authorize the Mayor and City Clerk to execute on
behalf of the City.
FISCAL IMPACT: There was a reduction to the Delta Dental (PPO) plan premium rates.
New rates are based on the most recent 12-month's claims experience, which indicates a
reduction to the self-funded Delta Dental monthly insurance premiums of 5.58%. Delta's
administrative fee will increase by 3.56% per month. The DeltaCare Pre-Paid plan will
have a 6.1 % increase to the annual premium rates. There is no fiscal impact since
employees are responsible for meeting the cost required to continue this benefit.
3.7 Approve renewal agreement with EyeMed Vision Care in conjunction with Fidelity
Security Life, for employee vision insurance benefits, effective January 1, 2006
through December 31, 2007. (A210.0 Agr-3909.B)
SUMMARY: The City has contracted with EyeMed to provide vision insurance
coverage to City employees. EyeMed has presented a two-year renewal (January 2006
through December 2007) at the current in force premium rates.
ACTION: Approved a two-year contract with EyeMed Vision Care in conjunction with
Fidelity Security Life for employee vision insurance coverage, and authorize the Mayor
and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: There is no additional fiscal impact to the current budget. The
annual amount paid to EyeMed through employee contributions is based on the number
of enrollees in the plan. Employees are responsible for meeting the cost required to
continue this benefit.
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CITY COUNCIL MINUTES
November 22, 2005
3. CONSENT CALENDAR (Continued)
3.8 Approve Renewal of Amended Contract with PacifiC are Life and Health Insurance
Company to provide vision insurance benefits for City employees and retirees
effective January 1, 2006 through December 31, 2006. (A2IOO.0 Agr-2939.D.I,
2939.D.2)
SUMMARY: The City currently contracts with PacifiCare Life and Health Insurance
Company to provide vision insurance benefits to City employees and retirees. PacifiCare
Vision Insurance has presented a 12-month renewal (January 1, 2006 through December
31,2006) with a 3% rate increase.
ACTION: Approved a 12-month contract with PacifiCare Life and Health Insurance
Company for employee and retiree vision insurance coverage, and authorize the Mayor
and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: There is no additional fiscal impact to the current budget. The total
annual amount paid to PacifiCare Life and Health Insurance Company for vision benefits
are paid through City employee contributions and retiree's direct billing. Employees and
retirees are responsible for meeting the cost required to continue this benefit.
3.9 Approve a renewal contract with Vision Service Plan (VSP), as an additional benefit
for all City of Orange employees covered by group benefit programs effective
January 1,2006 through December 31,2007. (A2IOO.0 Agr-4395.A)
SUMMARY: The City of Orange has contracted with Vision Service Plan (VSP) for the
last two years and has received excellent service for those employees who participate in
this vision program. VSP has given the City of Orange a two-year rate guarantee on the
City's current 2004 - 2005 rates.
ACTION: Approved a two-year contract with Vision Service Plan (VSP) for employee
vision insurance coverage and authorize the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMP ACT: There is no additional fiscal impact to the current budget. The total
annual amount paid to Vision Service Plan (VSP) for prepaid vision benefits is paid
through employee contributions. Employees are responsible for meeting the cost
required to continue this benefit.
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CITY COUNCIL MINUTES
November 22, 2005
3. CONSENT CALENDAR (Continued)
BIDS
3.10 Santiago Creek Bike Trail Bridge; SP-3286B; Bid No. 056-11 ; Award of Bid.
(A2100.0 Agr-4788)
SUMMARY: The bids for Santiago Creek Bike Trail Bridge; SP-3286B; Bid No. 056-11
were opened on October 13, 2005, and six (6) formal bids were received for this project.
The low bidder was 4-Con Engineering, Inc., in the amount of$447,007.00.
ACTION:
(1) Approved the Award of Bid No. 056-11 Santiago Creek Bike Trail Bridge to 4-Con
Engineering, Inc., 14771 Washington Dr. Fontana, CA 92334-221 7 in the amount of
$447,007.00;
(2) Authorized an appropriation of $35,008.41 from Land and Water Grant balance
remaining from original trail project account 550-7021-262900-6102 to 550-7021-
485100-6102;
(3) Authorized an appropriation of $41,000 from fund 511 to 511-7021-485100-6102
(Santiago Creek Biketrail Bridge) for a local match to the Land and Water Grant;
(4) Granted a variance to allow this project to be constructed within the "Special Flood
Hazard Area" per Chapter 15.60, section 240 of the OMC; and,
(5) Authorized the Mayor and City Clerk to execute the contract on behalf of the City.
FISCAL IMP ACT: After the appropriations are executed, sufficient funds will exist in
the following accounts:
550-7021-485100-6102 (Santiago Creek Biketrail Bridge)
511-7021-485100-6102 (Santiago Creek Biketrail Bridge)
$450,772.65
$ 41,000.00
3.11
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 Attomey's Office that the
claim(s) be denied.
a. Dorothy R. Souza
b. Carl W. Cullings
ACTION: Denied Claim(s) for damages and refer to City Attorney and Adjuster.
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CITY COUNCIL MINUTES
November 22, 2005
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.12 Approval and authorization to award a one year extension of the Service Contract
No. 045-13 to Bell Building Maintenance Company for Custodial Services. (A2100.0
Agr-4589.1)
SUMMARY: The City entered into Contract Agreement No. 045-13 with Bell Building
Maintenance for Custodial Services for all city buildings in fiscal year 2004-2005. This
contract included a provision for three I-year extensions of which this will be the first
extension. The proposed extension reflects a 1.7% increase over the 2004/2005 contract
due to costs for revised scope of services.
ACTION: Awarded a I-year contract extension to Contract No. 045-13 with Bell
Building Maintenance in an amount not to exceed $398,736.00; and authorize the Mayor
and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Sufficient funds are budgeted for the remainder of FY 2005/06 and
are available in the following account:
100-5028-424202-0000 Janitorial Services $398,736.00
3.13 Approval and authorization to award a one year extension of Service Contract
4322.A, per Bid No. 045-26, to ACM Systems, Inc. for service and repair of heating,
ventilation and air conditioning equipment (HV AC). (A2100.0 Agr-4322.A.I)
SUMMARY: The City entered into a Contract Agreement No. 4322.A with ACM
Systems, Inc. in fiscal year 2002/2003 for as needed repair and service of the City's
HV AC equipment located at various city facilities. This contract included a provision for
three I-year extensions of which this will be final extension.
ACTION: Awarded a one-year contract extension to Contract No. 4322.A, with ACM
Systems, Inc. in an amount not to exceed $70,000; and authorize the Mayor and City
Clerk to execute on behalf of the City.
FISCAL IMP ACT:
100-5028-424101
Sufficient funds are available in the following account:
Repairs to Buildings and Fixed Equipment $70,000
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CITY COUNCIL MINUTES
November 22,2005
3. CONSENT CALENDAR (Continued)
3.14 Approval and authorization to award a one year extension of Service Contract,
Contract No. 4322, to ACM Systems, Inc. for preventive maintenance of heating,
ventilation and air conditioning equipment (HV AC). (A2lO0.0 Agr-4322.1)
SUMMARY: The City entered into Contract Agreement No. 4322 with ACM Systems,
Inc. in fiscal year 2002/2003 for preventive maintenance of the City's various HV AC
equipment, located at various City facilities. This contract provides up to three
extensions of which this will be the final extension. The proposed extension will reflect a
3% increase over the 2004/2005 Contract due to an increase in the cost of fuel.
ACTION: Awarded a one-year extension to Contract No. 4322, to ACM Systems, Inc.,
in an amount not to exceed $ 25,000; and authorize the Mayor and City Clerk to execute
on behalf of the City.
FISCAL IMP ACT:
100-5028-424201
Funds are available in the following account:
Maintenance Contract - Heating/Air Conditioning
$25,000
3.15 Final Acceptance of a certain public work and improvement known as Contract No.
4603 for traffic signal installations and modifications and striping improvements.
(No staff report required.) (A2100.0 Agr-4603)
SUMMARY: High Light Electric, Inc. was awarded a contract December 14, 2004
providing for the installation and modification of traffic signals and striping
modifications at four (4) locations in the City, as described in Bid 045-15.
ACTION: Accepted public work improvement, authorized release of retention funds,
and authorize the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None
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CITY COUNCIL MINUTES
November 22,2005
3. CONSENT CALENDAR (Continued)
3.16 Award of Contract - Bid No. 056-08; Community Development Block Grant
(CDBG) Project - Hewes Street Storm Drain Improvements from Marmon Avenue
to Washington Avenue (D-151). (A2100.0 Agr-4789)
SUMMARY: Bids for Hewes Street Storm Drain Improvements were received and
opened on October 27, 2005. Ten bidders responded to the Notice Inviting Bids. The
apparent low bidder is Garcia Juarez Construction, Inc. of Long Beach, CA for
$323,230.00.
ACTION: Appropriated $40,000 from 262 (Measure M) unallocated reserves to 262-
5011-483400-5109 Hewes Street Storm Drain Improvements; and Award the contract in
the amount of $323,230.00 to Garcia Juarez Construction, Inc. and authorize the Mayor
and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Upon appropriation, funds will be available In the following
accounts:
262-5011-483400-5109 $ 40,000.00
310-9645-483400-5109 $316,000.00
Measure M Turnback
CDBG Hewes Street Storm Drain
3.17 Contract Agreement between the City of Orange and West Coast Arborists, Inc., for
the provision of tree services at City parks and Landscape Assessment Districts.
(A2100.0 Agr-4790)
SUMMARY: Approval of the Contract Agreement between the City and West Coast
Arborists, Inc. will clearly establish the continuing relationship between the City and
West Coast Arborists to provide a tree program that will service the City's parks and
Assessment Districts.
ACTION: Approved the Contract Agreement with West Coast Arborists, Inc. and
authorize the Mayor to execute, and the City Clerk to attest, the City Park Assessment
District Tree Maintenance Contract Agreement on behalf of the City.
FISCAL IMP ACT: Sufficient funds exist in the FY 05-06 budget in the following
accounts:
Total:
$18,212
31,490
3,600
55,648
2,800
$111,750
100-7022-424301 (Landscape Maintenance)
100-7022-427100 (Contractual Services)
290-7025-427100 (Contractual Services)
291-7026-427100 (Contractual Services)
293-7024-427100 (Contractual Services)
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CITY COUNCIL MINUTES
November 22, 2005
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.18 RESOLUTION NO. 10039 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2005-03 adjusting lot lines of certain real property situated at 20 City Boulevard West
in the City of Orange, County of Orange, State of California.
Owner: The Orange City Mills Limited Partnership & CA - The City Limited Partnership
ACTION: Approved.
3.19 RESOLUTION NO. 10040 (A2500.0)
A Resolution of the City Council of the City of Orange certifying that the City of Orange
has the resources to fund projects submitted for inclusion in the FY 2005-2006/201 0-
2011 Transportation Improvement Program and affirming its commitment to implement
all of the projects submitted in the program.
2006 RTIP (Regional Transportation Improvement Program)
ACTION: Approved.
3.20 RESOLUTION NO. 10041 (C2500.N)
A Resolution of the City Council of the City of Orange Authorizing an Application to the
United States Environmental Protection Agency for a Cleanup Grant under the Small
Business Liability Relief and Brownfields Revitalization Act for Brownfield
Revitalization of the Grijalva Park at Santiago Creek Landfill Closure Project.
ACTION: Approved.
TRACTS
3.21 Tract Map No. 16768 - Request for approval. (T4000.0 TRM-16768)
SUMMARY: Tract Map No. 16768 creates 50 single family lots, II multi-family parcels,
and a parcel for a City park, at Glassell Street and Lincoln Avenue.
ACTION: Approved the Final Tract Map No. 16768 and accept the dedications offered.
FISCAL IMP ACT: None.
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CITY COUNCIL MINUTES
November 22, 2005
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.22 The naming of 3-acre passive park to be constructed as part of Tract No. 16601 on
the south side of Serrano Avenue, west of Anaheim Hills Elementary School in
Serrano Heights. (C2500.MA.22)
SUMMARY: The City approved the Tentative Tract Map 16601 for the residential
development in Serrano Heights 9B, including a 3-acre neighborhood, passive park
located south of Serrano A venue and westerly of Anaheim Hills Elementary School. The
consultant, retained by the developer, has completed the construction documents for the
park and is planning to begin construction this winter. The Park Planning and
Development Commission has recommended naming the park Canyon View Park.
Discussion
Councilmember Ambriz suggested naming this park - the Fred Barrera Community Park
in honor of Mayor pro tem Emeritus Fred Barrera, suggesting a policy of naming parks
after elected officials.
Councilmember Smith suggested she would like time to think about this idea and would
also like the entire Council present for a vote on this item.
Mayor Murphy also suggested continuing this itcm to give him an opportunity to discuss
this with Fred Barrera before voting on it.
MOTION - Ambriz
SECOND - Dumitru
AYES - Smith, Ambriz, Murphy, Dumitru
ABSENT - Cavecche
Moved to continue to December 13, 2005 Council meeting.
Item 3.22 was removed and heard separatcly. All other items on the Consent Calendar
were approved as recommended.
MOTION - Ambriz
SECOND - Smith
AYES - Smith, Ambriz, Murphy, Dumitru
ABSENT - Cavecche
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES
November 22, 2005
4. REPORTS FROM MAYOR MURPHY - None
5.
REPORTS FROM COUNCILMEMBERS - None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
7. ADMINISTRATIVE REPORTS
7.1 Appropriation of Transportation System Improvement Authority (TSIA) Funding
for La Veta Widening Project 4039 from Main Street to Batavia Street. (S4000.S.3.7)
SUMMARY: The La Veta Avenue Widening Project was approved for additional funding from
the TSIA (Fund 286) program and the Public Works Department is requesting the appropriation
of the funding to allow reimbursement of prior year expenditures from Fund 272 in the amount
of $574,804.83.
Discussion - Assistant City Engineer, Roger Hohnbaum, gave a brief staff report.
Councilmember Ambriz thanked Councilmember Dumitru for his efforts on the TSIA
committee.
MOTION - Dumitru
SECOND - Ambriz
A YES - Smith, Ambriz, Murphy, Dumitru
ABSENT - Cavecche
ACTION: Approved appropriations as follows:
286-5011-491200-4039 (TSIA - Transfer in of Expenditures from Other Funds)
272-5011-310100-4039 (Gas Tax - Transfer in of Revenue from Other Funds)
$574,804.83
$574,804.83
FISCAL IMP ACT: Upon appropriation, staff will be authorized to transfer TSIA funds (Fund
286) as they become available to reimburse the Gas Tax Funds (Fund 272).
8. REPORTS FROM CITY MANAGER - None
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CITY COUNCIL MINUTES
November 22, 2005
9. LEGAL AFFAIRS
9.1. ORDINANCE NO. 13-05 (SECOND READING) (C2300.E)
An Ordinance of the City Council of the City of Orange Approving Pre Zone Change No. 1218
that makes Minor Amendments to the Adopted Santiago Hills II Planned Community
Regulations.
Applicant: The Irvine Company
MOTION - Ambriz
SECOND - Dumitru
A YES - Smith, Ambriz, Murphy, Dumitru
ABSENT - Cavecche
Moved that Ordinance No. 13-05 be read by title only and same was approved and adopted by
the preceding vote.
9.2 ORDINANCE NO. 14-05 (SECOND READING) (C2300.E)
An Ordinance of the City Council of the City of Orange Approving Pre Zone Change No. 1219
that will Establish the East Orange Planned Community that includes a Zoning Map with a PC
Designation and a Development Plan to Allow the Construction of a 2,300 Dwelling Unit
Development that includes Public Parks, Trails and Native Open Space on Property Located
East ofSR 241/261 and North and South of Santiago Canyon Road.
Applicant: The Irvine Company
MOTION - Ambriz
SECOND - Dumitru
AYES - Smith, Ambriz, Murphy, Dumitru
ABSENT - Cavecche
Moved that Ordinance No. 14-05 be read by title only and same was approved and adopted by
thc preceding vote.
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CITY COUNCIL MINUTES
November 22, 2005
9. LEGAL AFFAIRS (continued)
9.3 ORDINANCE NO. 15-05 (SECOND READING) (C2300.E)
An Ordinance of the City Council of the City of Orange Approving a Pre Annexation
Development Agreement for Santiago Hills IIIEast Orange Planned Communities (Development
Agreement) by and between the City of Orange and The Irvine Company.
Applicant: The Irvine Company
MOTION - Smith
SECOND - Dumitru
AYES - Smith, Ambriz, Murphy, Dumitru
ABSENT - Cavecche
Moved that Ordinance No. 15-05 be read by title only and same was approved and adopted by
the preceding vote.
10. HEARINGS
10.1 SOLID WASTE RATE ADJUSTMENTS (C2500.M.l)
Time set for a noticed public hearing to consider adoption of adjusted fees for the provision of
residential and commercial solid waste services.
The City entered into an agreement with Waste Management of Orange County effective June I,
1999 for the provision of solid waste collection and disposal services. The agreement provides
that Waste Management may request a rate adjustment each year based on specific economic
factors including changes in the producer price index and County of Orange landfill disposal
fees. The agreement also requires that specified residential and commercial rates be within the
lowest one-third of all cities in Orange County providing similar solid waste services. Staff has
reviewed and validated Waste Management's rate adjustment request. If approved, the rates
shown in Resolution No. 10037 will become effective January 1,2006.
Staff Report: - Lisa Mattert, Administrative Analyst, gave a brief staff report and stated that she
will work with the Utility Billing staff and the City Manager's Office to communicate the rate
adjustments to the community.
Council Ouestions:
Councilmember Dumitru asked how many times the rates have gone up in 7 years. Mr. Dumitru
stated that any increase, no matter how small, is a concern and he asked if there is a way to start
looking at C&D (Construction and Demolition) and diversion rates. He would like to be sure the
City looks at the available credit under AB939.
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CITY COUNCIL MINUTES
November 22, 2005
10. HEARINGS (Continued)
Lisa Mattert responded that rates have gone up 3 times in seven years. This would be the 4th
increase. The last increase was January 1,2005, and prior to that it was January 1, 2001. She
stated that the city is always looking at ways of diversion, however, the C&D does not relate to
rate increases.
Councilmember Ambriz commented that the subsidy will run out in 2009 and he asked if there is
a plan to phase in future increases or to extend the subsidy.
City Attorney David DeBerry responded by stating the money in reserve will allow the city to
continue the subsidy as planned and the city is still on target. There is a $900,000 cushion and
there maybe more money available which will be looked at in the first quarter of2006.
Councilmember Ambriz noted that Waste Management allows two large bulky pick ups per year
at resident's homes and he asked if residents could deliver their bulky items directly to the
Waste Management Facility, and asked if residents would be charged for that.
Additionally, Mr. Ambriz asked if Waste Management would consider placing stickers on
dumpsters publicizing the Orange County Safe Surrender Program which allows women to bring
their babies to local hospitals for up to 3 days after birth with no questions asked.
Crystal Fennel, representative from Waste Management, stated that there is no charge for bulky
items delivered to the Waste Management Facility, and she will provide an article for the next
issue of the Orange Progress regarding that service.
Additionally, Ms. Fennel addressed Councilmember Ambriz's question regarding Safe Surrender
and stated that Waste Management would partner with the City on such a program.
Councilmember Smith asked if someone could explain the subsidy for the trash program.
City Attorney, David DeBerry responded by explaining that the city has provided subsidies
based on a 1999 settlement agreement with Orange Disposal Services There was a total of 9.1
million dollars representing overcharges that residents and commercial businesses had paid into
the trash account. The City Council at the time wantcd to put that money back into the hands of
the people who had overpaid. Thc money has been used to provide subsidies to residents over
the tenn of the contract with Waste Management and that has been provided for the past 7 years.
Mayor Murphy clarified that the residential rate of $2.25 a month remains at that rate due to the
subsidy. The subsidized rate is what puts the City in the top one third of overall best rates in
Orange County. He further clarified that the rate increase is driven by the consumer price index.
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CITY COUNCIL MINUTES
November 22,2005
10. HEARINGS (Continued)
MA YOR MURPHY OPENED THE PUBLIC HEARING
THERE BEING NO PUBLIC COMMENTS, MAYOR MURPHY CLOSED THE PUBLIC
HEARING.
Council Action
RESOLUTION NO. 10037
A Resolution of the City Council of the City of Orange approving revised rates for solid waste
collection and disposal services.
MOTION - Murphy
SECOND - Ambriz
AYES - Smith, Ambriz, Murphy, Dumitru
ABSENT - Cavecche
Moved to approve Resolution No. 10037.
MOTION - Murphy
SECOND - Ambriz
A YES - Smith, Ambriz, Murphy, Dumitru
ABSENT - Cavecche
Moved to approve an appropriation in the amount of $30,000 to expenditure account 222-5022-
427400 (Trash Disposal Service Contract), and increase the revenue budget in Account 22-5022-
274100 (Refuse Collection Charges) by the same amount.
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CITY COUNCIL MINUTES
November 22,2005
10. HEARINGS (Continued)
10.2 CITY OF ORANGE 2005 URBAN WATER MANAGEMENT PLAN. (C2300.K)
The public hearing to consider adoption of the City's Urban Water Management Plan, was
continued to this time from November 8, 2005.
Per State law, the Plan must be updated every five years. The Plan discusses current and futurc
water demands, the availability and reliability of water supplies, various water demand
management measures to reduce water use, and a water shortage contingency plan.
Staff Report: Joe DeFrancesco, Water Manager, gave a brief staff report regarding the Urban
Water Management Plan, stating that the plan demonstrates that the city is well positioned for
future demands.
Council Ouestions
Councilmembers commended the Water Division for their services.
MAYOR MURPHY OPENED THE PUBLIC HEARING
THERE BEING NO PUBLIC COMMENTS, MAYOR MURPHY CLOSED THE PUBLIC
HEARING.
Council Action
RESOLUTION NO. 10030
A Resolution of the City Council of the City of Orange adopting the City of Orange 2005 Urban
Water Management Plan.
MOTION - Ambriz
SECOND - Dumitru
AYES - Smith, Ambriz, Murphy, Dumitru
ABSENT - Cavecche
Moved to approve Resolution No. 10030.
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CITY COUNCIL MINUTES
November 22,2005
10. HEARINGS (Continued)
10.3 RECREATIONAL VEHICLE STORAGE FACILITIES (A2S00.0 Ord-16-0S)
The public hearing to consider an Ordinance Amendment conditionally permitting Recreational
Vehicle Storage Facilities in Residential Zones was continued to this time from November 8.
2005.
The draft Recreational Vehicle Storage Facility Ordinance Amendment contains modifications to
conditionally permit recreational vehicle storage facilities in rcsidcntial zones subject to spccific
buffering criteria.
Alice Angus, Community Development Director gave the staff report, explaining that there is a
shortage of vacancies in storage facilities to locate or relocate RV's in the area. A potential
area suggested by a potential applicant is an Edison easement. The Planning Commission has
reviewed and recommended this for approval.
Council Questions
Councilmember Dumitru asked if the draft ordinance covers security, lighting and turn-around
areas.
Ms. Angus stated that each facility and issue would bc considcred case by case and will go
through internal staff review committee, design review, and Fire and Police will address issues
regarding security and lighting on site. A conditional use permit also requires a public hearing
through the Planning Commission.
MAYOR MURPHY OPENED THE PUBLIC HEARING
Lois Barke, Address on File, spoke on the need for security measures, surveillance cameras and
large turn around areas for RVs if the facilities are approved.
Mil Thornton, Address on File, noted the El Toro RV facility will be closing soon which will
create a large influx of R V s needing storage; and asked about a possible preference for Orange
residents for R V lots in Orange.
Lois Oliver, Address on File, spoke on the need for dump stations at RV facilities.
MA YOR MURPHY CLOSED THE PUBLIC HEARING.
Council Comments
Councilmember Tita Smith stated that she appreciated Mr. Thornton's comments on providing
preferential service to Orange residents. Part of the reason to consider the RV storage facilities
in residential areas is to provide additional sources of storage for Orange residents. She is
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CITY COUNCIL MINUTES
November 22,2005
10. HEARINGS (Continued)
concerned that there may be a legal restriction to giving preference to Orange residents on rental
space and she asked the City Attorney to look at the possibility and report back for future
deliberations. This is a project that has been ongoing for a while and she would like Orange
residents to have a facility close to home.
City Attorney, David DeBerry stated that the possibility will be looked at but he is doubtful that
the city could require preference to Orange residents. Preference is usually not allowed.
Mayor Murphy stated that perhaps a system of first right of refusal to Orange residents may be
implemented. Regardless, the zoning needs to be changed before the specifics will be looked at.
Any other discussion is moot unless zoning is changed. He would like the City Attorney to look
at a creative approach to a solution to residents in need of a storage facility.
Councilmember Dumitru suggested looking at a possible time period built into the Conditional
Use Pern1its which gives preference to Orange residents; and stated he will be very direct in
asking for cameras, lighting, ample turn-around areas and dump sites.
Councilmember Ambriz acknowledged that business owners must look at the bottom line of
profit, and if too many restrictions are put on facilities, those business owners usually pass on the
costs to RV owners.
Mayor Murphy noted as the amount of storage space increases, perhaps prices will go down; and
that this is a tool to open up more storage lot opportunities.
Council Action
MOTION - Murphy
SECOND - Ambriz
A YES - Smith, Ambriz, Murphy, Dumitru
ABSENT - Cavecche
Find the Ordinance categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) per state CEQA Guidelines Section 15305 (Class 5, Minor Alterations in
Land Use Limitations).
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I
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CITY COUNCIL MINUTES
November 22, 2005
10. HEARINGS (Continued)
ORDINANCE NO. 16-05 (FIRST READING)
An Ordinance of the City Council of the City of Orange amending Table 17.14.030 and Section
17.14.060 of the Orange Municipal Code to conditionally permit recreational vehicle storage
facilities in residential zones.
MOTION - Murphy
SECOND - Dumitru
AYES - Smith, Ambriz, Murphy, Dumitru
ABSENT - Cavecche
Moved that Ordinance No. 16-05 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
NOTE: The Council did not recess.
The City Council will 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 in Closed Session.
13. ADJOURNMENT
The council adjourned at 6:15 p.m. There is no 7:00 p.m. Session. The next Regular Council
Meeting is scheduled for December 13, 2005.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular
meeting of November 22, 2005 at Orange Civie Center kiosk, Police facility at 1107 North Batavia,
Shaffer Park; 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.
~
CITY CLERK
IJf ~A:K ~~
MAYOR
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