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12/12/2006 - Council Minutes - CC Minutes Reg Meeting APPROVED BY THE CITY COUNCIL ON JANUARY 9, 2007 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING December 12,2006 The City Council of the City of Orange, California convened on 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 Given by Pastor Robert Dargatz, Immanuel Lutheran Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Carolyn Cavecche 1.3 ROLL CALL PRESENT - ABSENT - Murphy, Cavecche, Dumitru, Bilodeau Smith 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of Building Industry Association Ruby Slipper Award to Mayor Carolyn Cavecche. Presentation of Resolution to Chris Carnes upon his retirement. Presentation of Resolution to Lorna Adkins upon her retirement. 2. PUBLIC COMMENTS - Richard Drake, Address on File, spoke on a new County Ordinance regarding barking dogs. 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. Page I CITY COUNCIL MINUTES December 12,2006 3. CONSENT CALENDAR (CONTINUED) 3.1 Request Council Confirmation of warrant registers dated November 9,16,22 and 30, 2006. ACTION: Approved. 3.2 Request approval of City Council Minutes, Regular Meeting, November 28, 2006. (C2500.D4) ACTION: Approved. 3.3 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.4 First Amendment to Consultant Services Agreement with RMS Engineering & Design, Inc. for additional design work. (A2100.0 Agr-4804.1) SUMMARY: The First Amendment to Consultant Services Agreement will allow RMS Engineering to provide a new roof design for the utility building and perimeter fencing around the Well 26 Site. ACTION: Approved the First Amendment to Consultant Services Agreement with RMS Engineering; and Authorized the Mayor and the City Clerk to execute on behalf of the City. FISCAL IMPACT: Funds are available in account number: 601-8011-484101-8118 Water CIP - Well 26 Construction $11,710.00 (REMOVED AND HEARD SEPARATELY) 3.5 Agreement with TRl-AD, a third party administrator to oversee the City's Health Care and Dependent Care Flexible Spending Accounts. Also approve the revised Plan Document describing the guidelines established by the City in conjunction with the IRS Regulations overseeing the 125 Flex Benefit Plan. This contract will become effective January 1, 2007 through December 31, 2008. (A2100.0-Agr.- 5003) SUMMARY: The City requested Mercer Human Resources Inc., to solicit proposals for the administration of the City's Flexible Spending Accounts for City employees. Mercer Human Resources Inc. sent out Request for Proposal to four Flex Spending Account administrators (FSA's). Those vendors who responded provided rates with multiple-year rate guarantees. Based on the proposals from two of the four vendors, City staff selected TRI-AD as the City's new FSA vendor. -2- CITY COUNCIL MINUTES December 12, 2006 3. CONSENT CALENDAR (CONTINUED) Note: Staff indicated that Resolution No. 10150 was required for approval of this item. RESOLUTION NO. 10150 A Resolution of the City Council of the City of Orange approving and adopting a restated City of Orange Flexible Benefits Plan and approving a health and welfare benefits administration services agreement with Tri-Ad Actuaries, Inc. MOTION SECOND AYES ABSENT - Cavecche - Dumitru - Murphy, Cavecche, Dumitru, Bilodeau - Smith Moved to adopt Resolution No. 10150. FISCAL IMPACT: There is no additional fiscal impact to the current budget. These services are paid for through City employees' contributions. 3.6 Amendment to Agreement with Delta Dental Plan of California and DeltaCare Group Dental Service for employee dental insurance benefits, effective January 1, 2007 through December 31,2007. (A2100.0 Agr-4590.B; 2937.B.l) SUMMARY: The City has contracted with Delta Dental Plan of California and DeltaCare PMI, to provide dental insurance coverage to City employees and their family members. Delta Dental has submitted a contract amendment extending the contract for another 12-months. ACTION: Approved a one-year renewal with Delta Dental Plan of California and DeltaCare Group Dental Service; and Authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: The Delta Dental Indemnity insurance plan premium rates will remain the same for 2007 as the 2006 rates. Rates are based on the most recent 12- month's claims experience. This allows for no increase to the self-funded Delta Dental monthly insurance premiums for 2007. The Delta Care Pre-Paid plan will also have a rate pass (i.e. no increase) this plan year and maintain last contract year's rates. There is no fiscal impact since employees are responsible for meeting the cost required to continue this benefit. -3- CITY COUNCIL MINUTES December 12,2006 3. CONSENT CALENDAR (CONTINUED) 3.7 Award of Consultant Services Agreement to Tetra Tech, Inc. for relocation of the Santiago Flow Control Station. (A2100.0 Agr-5004) SUMMARY: This contract authorizes the Consultant to provide professional engineering services to relocate the existing Santiago Flow Control Station. The scope of work includes the preparation of construction plans, specifications, cost estimate, structural calculations, including all necessary plans for electrical, mechanical, structural, instrumentation & control, paving, fencing, and landscaping. ACTION: Awarded a Consultant Services Agreement in the amount of $225,000.00 to Tetra Tech, Inc. of Irvine for the design of the Santiago Flow Control Station and authorized the Mayor and the City Clerk to execute on behalf of the City. FISCAL IMPACT: Funds are available in Account No.: 550-5011-483300-3427 Cannon Street Realignment $225,000.00 3.8 Professional Services Agreement with AEF Systems Consulting, Inc. (A2100.0 Agr-5017) SUMMARY: This is a request that the City Council authorize a Professional Services Agreement with AEF Systems Consulting, Inc. for the purpose of assisting the City with the preparation of a Request for Proposal (RFP). The RFP will be used to solicit bids for the procurement of a new Enterprise Resource Planning (ERP) and Financial Management System for the primary purpose of replacing the current 22-year old Financial Management Information System and also to take advantage of other available ERP solutions such as human resources, building permits and customer tracking as appropriate. In addition, AEF will also assist the City in evaluating proposals, coordinating demonstrations and evaluating products in light of City needs. ACTION: Approved the Professional Services Agreement with AEF Systems Consulting, Inc. to provide professional consulting services at a cost not to exceed $35,000; and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: An appropriation for FY 06-07 expenditures has already been included in the budget in account 790-1601-481303-9642. This account has approximately $3.0 million available for this project. -4- CITY COUNCIL MINUTES December 12,2006 3. CONSENT CALENDAR (CONTINUED) 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. Sara Bolton b. Minerva Mollazadeh c. Mohammad Mollazadeh ACTION: Deny Claim(s) for damages and refer to City Attorney and Adjuster. CONTRACTS 3.10 Mills Act Contract No. MAC-144.0-06 (Historic Property Preservation Agreements) (A2100.0 Agr-5005) SUMMARY: A proposal to approve Mills Act Contract for a historic, single-family residence located within the Old Towne Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by the owner for the (minimum 10 year) term of this contract total $70,600. Location: 385 S. Glassell Street. ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner (Application No. MAC-144.0-06), for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. FISCAL IMP ACT: With the stepped-up basis from a recent sale of the property the estimated Mills Act Property Tax Adjustment will yield an estimated increase in property tax to the City in the amount of $615 per year. An annual inspection fee will cover ongoing administration costs associated with this program. The rehabilitation work will generate additional revenues from building permit fees, and the local economy would benefit from expanded work by various building contractors, and material suppliers. 3.11 Mills Act Contract No. MAC-145.0-06 (Historic Property Preservation Agreements) (A2100.0 Agr-5006) SUMMARY: A proposal to approve Mills Act Contract for a historic, single-family residence located within the Old Towne Orange Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by the owner for the (minimum 10 year) term of this contract total $57,800. Location: 246 N. Orange Street. -5- CITY COUNCIL MINUTES December 12,2006 3. CONSENT CALENDAR (CONTINUED) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner (Application No. MAC-145.0-06), for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. FISCAL IMPACT: The City will incur a loss of property tax of approximately $269 per year. An annual inspection fee will cover ongoing administration costs associated with this program. The rehabilitation work will generate additional revenues from building permit fees, and the local economy would benefit from expanded work by various building contractors, and material suppliers. 3.12 Mills Act Contract No. MAC-146.0-06 (Historic Property Preservation Agreements) (A2100.0 Agr-5007) SUMMARY: A proposal to approve Mills Act Contract for a historic, single-family residence located within the Old Towne Orange Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by the owner for the (minimum 10 year) term of this contract total $37,100. Location: 303 N. Cambridge Street. ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner (Application No. MAC-146.0-06), for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. FISCAL IMP ACT: The City will incur a loss of property tax of approximately $350 per year. An annual inspection fee will cover ongoing administration costs associated with this program. The rehabilitation work will generate additional revenues from building permit fees, and the local economy would benefit from expanded work by various building contractors, and material suppliers. 3.13 Mills Act Contract No. MAC-147.0-06 (Historic Property Preservation Agreements) (A2100.0 Agr-5008) SUMMARY: A proposal to approve Mills Act Contract for a historic, single-family residence located within the Old Towne Orange Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by the owner for the (minimum 10 year) term of this contract total $76,100. Location: 321 E. Palmyra Avenue. ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner (Application No. MAC-147.0-06), for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. -6- CITY COUNCIL MINUTES December 12, 2006 3. CONSENT CALENDAR (CONTINUED) FISCAL IMP ACT: The City will incur a loss of property tax of approximately $311 per year. An annual inspection fee will cover ongoing administration costs associated with this program. The rehabilitation work will generate additional revenues from building permit fees, and the local economy would benefit from expanded work by various building contractors, and material suppliers. 3.14 Mills Act Contract No. MAC-148.0-06 (Historic Property Preservation Agreements) (A2100.0 Agr-5009) SUMMARY: A proposal to approve Mills Act Contract for a historic, single-family residence located within the Old Towne Orange Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by the owner for the (minimum 10 year) term of this contract total $142,300. Location: 535 E. Palmyra Avenue. ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner (Application No. MAC-148.0-06), for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. FISCAL IMPACT: The City will incur a loss of property tax of approximately $490 per year. An annual inspection fee will cover ongoing administration costs associated with this program. The rehabilitation work will generate additional revenues from building permit fees, and the local economy would benefit from expanded work by various building contractors, and material suppliers. 3.15 Mills Act Contract No. MAC-149.0-06 (Historic Property Preservation Agreements). (A2100.0 Agr-5010) SUMMARY: A proposal to approve Mills Act Contract for a historic, single-family residence located within the Old Towne Orange Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by the owner for the (minimum 10 year) term of this contract total $56,300. Location: 378 S. Orange Street. ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner (Application No. MAC-149.0-06), for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. -7- CITY COUNCIL MINUTES December 12,2006 3. CONSENT CALENDAR (CONTINUED) FISCAL IMPACT: The City will incur a loss of property tax of approximately $228 per year. An annual inspection fee will cover ongoing administration costs associated with this program. The rehabilitation work will generate additional revenues from building permit fees, and the local economy would benefit from expanded work by various building contractors, and material suppliers. 3.16 Mills Act Contract No. MAC-150.0-06 (Historic Property Preservation Agreements). (A2100.0 Agr-5011) SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family residence located within the Old Towne Orange Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by the owner for the (minimum 10 year) term of this contract total $48,300. Location: 226 S. Cambridge Street. ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner (Application No. MAC-150.0-06), for the preservation, restoration, and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. FISCAL IMPACT: With the stepped-up basis from a recent sale of the property the estimated Mills Act Property Tax Adjustment will yield an estimated increase in property tax to the City in the amount of $549 per year. An annual inspection fee will cover ongoing administration costs associated with this program. The rehabilitation work will generate additional revenues from building permit fees, and the local economy would benefit from expanded work by various building contractors, and material suppliers. 3.17 Mills Act Contract No. MAC-151.0-06 (Historic Property Preservation Agreements). (A2100.0 Agr-5012) SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family residence located within the Old Towne Orange Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by the owner for the (minimum 10 year) term of this contract total $104,880. Location: 225 S. Grand Street. ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner (Application No. MAC-151.0-06), for the preservation, restoration, and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. -8- CITY COUNCIL MINUTES December 12,2006 3. CONSENT CALENDAR (CONTINUED) FISCAL IMPACT: With the stepped-up basis from a recent sale of the property the estimated Mills Act Property Tax Adjustment will yield an estimated increase in property tax to the City in the amount of $839 per year. An annual inspection fee will cover ongoing administration costs associated with this program. The rehabilitation work will generate additional revenues from building permit fees, and the local economy would benefit from expanded work by various building contractors, and material suppliers. 3.18 Mills Act Contract No. MAC-152.0-06 (Historic Property Preservation Agreements). (A2100.0 Agr-5013) SUMMARY: A proposal to approve Mills Act Contract for a historic, single-family residence located within the Old Towne Orange Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by the owner for the (minimum 10 year) term of this contract total $210,000. Location: 533 E. Jefferson Avenue. ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner (Application No. MAC-152.0-06), for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. FISCAL IMP ACT: The City will incur a loss of property tax of approximately $281 per year. An annual inspection fee will cover ongoing administration costs associated with this program. The rehabilitation work will generate additional revenues from building permit fees, and the local economy would benefit from expanded work by various building contractors, and material suppliers. 3.19 Mills Act Contract No. MAC-153.0-06 (Historic Property Preservation Agreements). (A2100.0 Agr-5014) SUMMARY: A proposal to approve Mills Act Contract for a historic, single-family residence located within the Old Towne Orange Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by the owner for the (minimum 10 year) term of this contract total $63,175. Location: 552 N. Pine Street. ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner (Application No. MAC-153.0-06), for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. -9- CITY COUNCIL MINUTES December 12,2006 3. CONSENT CALENDAR (CONTINUED) FISCAL IMPACT: The City will incur a loss of property tax of approximately $373 per year. An annual inspection fee will cover ongoing administration costs associated with this program. The rehabilitation work will generate additional revenues from building permit fees, and the local economy would benefit from expanded work by various building contractors, and material suppliers. 3.20 Final Acceptance of Bid No. 056-25; SP-3377; Orange-Olive Road and Heim Avenue Street, Sewer, and Storm Drain Improvements and authorization to file Notice of Completion with the County Recorder (No staff report reauired). (A2100.0 Agr-4885) SUMMARY: Bid No. 056-25; SP-3377; Orange-Olive Road and Heim Avenue Street, Sewer, and Storm Drain Improvements. The contractor on said job was GCI Construction, Inc. ACTION: Accepted public work improvements; authorize release of Fidelity and Deposit Company of Maryland, Bond No. 08744129 in the amount of $989,920.00; and Authorize the Mayor and City Clerk to execute the Notice of Completion. FISCAL IMPACT: None. PURCHASES 3.21 Purchase of Specialized Hoist to enable Lifting and Servicing of Large Fire Apparatus and Heavy Equipment. (C2500.M.7) SUMMARY: Request the City Council to authorize the purchase of specialized lifting equipment from Automotive Resources, Inc. of Newbury Park, California in the amount of $60,986.86. This equipment will enable Fleet Services mechanics to lift and service the large fire apparatus and heavy duty vehicles and equipment. ACTION: Authorized the purchase of specialized lifting equipment from Automotive Resources, Inc. of Newbury Park, California in the amount of $60,986.86. FISCAL IMPACT: Funds are available in the following account: 720-5023-481301-9861 Heavy Duty Hoist $60,986.86 -Hl- CITY COUNCIL MINUTES December 12,2006 3. CONSENT CALENDAR (CONTINUED) RESOLUTIONS 3.22 RESOLUTION NO. 10146 (S4000.S.4) A Resolution of the City Council of the City of Orange finding that a portion of the City's water line easements, located in or on Chapman University, are no longer needed for any public purpose and ordering the vacation thereof. ACTION: Approved. MOTION - Murphy SECOND - Dumitru AYES - Murphy, Cavecche, Dumitru, Bilodeau ABSENT - Smith Item 3.5 was removed and heard separately. All other 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 6.1 Accept resignation of Denis Bilodeau from the City of Orange Planning Commission, effective December 5, 2006. (C2500.G.2.5.1) MOTION - Dumitru SECOND - Cavecche AYES - Murphy, Cavecche, Dumitru, Bilodeau ABSENT - Smith Moved to accept the resignation of Denis Bilodeau from the City of Orange Planning Commission, effective December 5, 2006. -11- CITY COUNCIL MINUTES December 12,2006 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (CONT'D) 6.2 Accept resignation of Antonia Castro from the Community Development Block Grant Committee, effective immediately. (C2500.G.1.3) MOTION - Murphy SECOND - Dumitru AYES - Murphy, Cavecche, Dumitru, Bilodeau ABSENT - Smith Moved to accept the resignation of Antonia Castro from the Community Development Block Grant Committee, effective December 12, 2006. 7. ADMINISTRATIVE REPORTS 7.1 Report from the Economic Development Director - Annual Report of the Orange Redevelopment Agency for FY 2005-2006 authorizing and directing the transmittal to the Controller of the State of California. (R3500.0) See related Redevelopment Agency Minutes Item No. 7.1 SUMMARY: The Annual Report describes the activities of the Redevelopment Agency during FY 2005-2006, and includes a Comprehensive Annual Financial Report relating to the Agency's finances. RESOLUTION NO. 10135 A Resolution of the City Council of the City of Orange approving the Annual Report of the Orange Redevelopment Agency for Fiscal Year 2005-2006 and authorizing and directing its transmittal to the Controller of the State of California. MOTION SECOND AYES ABSENT -Bilodeau -Dumitru -Murphy, Cavecche, Dumitru, Bilodeau - Smith Moved to adopt Resolution No. 10135. 7.2 Report from Community Services Director - Award of Contract - Bid No. 067-12 for the Eisenhower Park Lighting (C.I.P. No. 0088) and appropriation of funds. (A2I00.0 Agr-5015) SUMMARY: Bids for electrical and lighting improvements at Eisenhower Park were received and opened on November 16, 2006. Five formal bids were received for this project and the apparent low bidder is Reskey Electric, Incorporated (DBA Integrity Electric) of Anaheim, CA in the amount of$545,000. The Engineer's construction estimate is $695,000. -12- CITY COUNCIL MINUTES December 12,2006 7. ADMINISTRATIVE REPORTS (CONTINUED) In addition, there is a funds appropriation request of $284,917.80 for construction costs, staff time, and contingencies. MOTION - Dumitru SECOND - Murphy AYES - Murphy, Cavecche, Dumitru, Bilodeau ABSENT - Smith Moved to I) Appropriate $157,901 from unreserved Fund 510 (Park Acquisition) to 510- 7021-481105-0088 (Eisenhower Park Lighting) and $127,016.80 from unreserved Fund 320 (Proposition 12 - California Parklands) to 320-7021-481105-0088 (Eisenhower Park Lighting); 2) Award Bid No. 067-12 in the amount of $545,000 to Integrity Electric, 308i La Jolla Street, Suite G, Anaheim, CA 92806; and 3) Authorize the Mayor and City Clerk to execute the contract on behalf of the City. FISCAL IMPACT: After the appropriations, funds are budgeted and available in the Capital improvement Program in the following accounts: 511-7021-481105-0088 Park Acquisition & Development 510-7021-481105-0088 Park Acquisition 320-7021-481105-0088 Proposition 12 California Parklands $415,375.61 $157,901.00 $307.016.80 $880,293.41 Total: 7.3 Report from the Community Development Director - Second Amendment to an existing Professional Service Contract with a private consulting firm, Willdan Associates, to perform the duties of Chief Building Official including administration and management of the Building Division including plan check, permit services, inspection and code enforcement, and to provide specialized on-site Inspection, Plan Checking, Front Counter Planning assistance and Code Enforcement assistance. (A2100.0 Agr- 4679.A.2) SUMMARY: One of the functions of the Community Development Department is to provide quality customer service at the public counter throughout the business day. The Department is experiencing a staff shortage with the absence of a Chief Building Official, and vacancies in Building Inspection, Planning and temporary vacancies in Code Enforcement. The second amendment to the contract will do three things: I) retain David Khorram as Acting Chief Building Official through March 2007, 2) provide limited Planning, Code Enforcement and Plan Checking assistance and 3) retain a full-time Office of Statewide Health, Planning and Development Class A resident Building Inspector who will be dedicated to the St. Joseph's Cancer Center/Medical Office Building project for the duration of the construction which is estimated at 18 months. Mayor Cavecche asked that staff return with a report on the feasibility of increasing Code Enforcement support. -13- CITY COUNCIL MINUTES December 12, 2006 7. ADMINISTRATIVE REPORTS (CONTINUED) MOTION -Dumitru SECOND -Murphy AYES -Murphy, Cavecche, Dumitru ABSENT -Smith ABSTAIN -Bilodeau ACTION: Moved to I) Appropriate $280,800 to Account 100-6031-427800 (Other Contractual Services). Additional building permit revenue from the St. Joseph's Cancer Center and Pacific Medical Office Building development will offset this appropriation; and 2) Approve and authorize the Mayor and City Clerk to execute Amendment to an existing Professional Service Contract with Willdan not to exceed an additional $391,300 for a total contract amount of$461,700 (previous amount $70,400). FISCAL IMPACT: Funds in the amount of $110,500 are available in the following account of the Plan Check Administration budget: 100-6033-427800 - Other Contractual Services. St. Joseph's has been advised and agreed to pay permit fees based on higher than standard valuation that will cover the cost of the dedicated inspector. St. Joseph's will pay a total of $308,000 in Building Permit fees in addition to Plan Check fees and other impact related fees. $280,800 of the $308,000 will be used for the dedicated contract Building Inspector. 8. REPORTS FROM CITY MANAGER - None. 9. LEGAL AFFAIRS - None. 10. PUBLIC HEARINGS 10.1 COMMUNITY FACILITIES DISTRICT NO. 06-1 (DEL RIO PUBLIC IMPROVEMENTS). (TllOO.0.2 CFD-06-1) Time set for public hearing to consider proceedings for the Establishment of a Community Facilities District to be known as the City of Orange Community Facilities District No. 06-1 (Del Rio Public Improvements). Note: Councilmember Bilodeau cited a conflict of interest due to his employment and left the dais. Andrea Ross, Consultant, stated that due to market conditions, home prices dropped which will result in a lower amount of tax revenue collected. The tax rate remains at 1.9%. THE MAYOR ANNOUNCED THAT THERE WERE NO WRITTEN PROTESTS FILED AND OPENED THE PUBLIC HEARING. -14- - r - CITY COUNCIL MINUTES December 12, 2006 10. PUBLIC HEARINGS (CONTINUED) 10.1 COMMUNITY FACILITIES DISTRICT NO. 06-1 (DEL RIO PUBLIC IMPROVEMENTS). (CONTINUED) THERE WERE NO SPEAKERS. THE MAYOR CLOSED THE PUBLIC HEARING. Council Action RESOLUTION NO. 10139 A Resolution of the City Council of the City of Orange of Formation of City of Orange Community Facilities District No. 06-1 (Del Rio Public Improvements), authorizing the levy of special tax within the District, preliminarily establishing an appropriations limit for the District and submitting levy of the special tax and the establishment of the appropriations limit to the Qualified Electors of the District. MOTION -Cavecche SECOND -Dumitru AYES -Murphy, Cavecche, Dumitru ABSENT - Smith, Bilodeau Moved to adopt Resolution No. 10139. RESOLUTION NO. 10140 A Resolution of the City Council of the City of Orange determining the necessity to incur bonded indebtedness within City of Orange Community Facilities District No. 06-1 (Del Rio Public Improvements) and submitting a proposition to the Qualified Electors of the District. MOTION - Cavecche SECOND - Dumitru AYES - Murphy, Cavecche, Dumitru ABSENT - Smith, Bilodeau Moved to adopt Resolution No. 10140. RESOLUTION NO. 10141 A Resolution of the City Council of the City of Orange calling a Special Election within Community Facilities District No. 06-1 (Del Rio Public Improvements). MOTION - Cavecche SECOND - Dumitru AYES - Murphy, Cavecche, Dumitru ABSENT - Smith, Bilodeau Moved to adopt Resolution No. 10141. -15- CITY COUNCIL MINUTES December 12,2006 10. PUBLIC HEARINGS (CONTINUED) 10.1 COMMUNITY FACILITIES DISTRICT NO. 06-1 (DEL RIO PUBLIC IMPROVEMENTS (CONTINUED) THE CITY CLERK OPENED SEALED BALLOTS AND ANNOUNCED THERE WERE 76 VOTES CAST IN FAVOR OF ESTABLISHMENT OF A COMMUNITY FACILITIES DISTRICT, AND 0 VOTES CAST IN OPPOSITION. RESOLUTION NO. 10142 A Resolution of the City Council of the City of Orange declaring results of Special Election, and directing recording of Notice of Special Tax Lien - Del Rio Public Improvements. MOTION - Murphy SECOND - Dumitru AYES - Murphy, Cavecche, Dumitru ABSENT - Smith, Bilodeau Moved to adopt Resolution No. 10142 ORDINANCE NO. 17-06 (FIRST READING) An Ordinance of the City Council of the City of Orange levying special taxes within City of Orange Community Facilities District No. 06-1 (Del Rio Public Improvements). MOTION - Murphy SECOND - Dumitru AYES - Murphy, Cavecche, Dumitru ABSENT - Smith, Bilodeau Moved that Ordinance No. 17-06 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 THE MEETING OF THE INDUSTRIAL DEVELOPMENT AUTHORITY. -16- -I CITY COUNCIL MINUTES December 12, 2006 13. 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. 14. ADJOURNMENT The City Council adjourned at 5:10 p.m. There was no 7:00 p.m. Session. The Regular meeting of December 26, 2006 will be cancelled. The next Regular meeting is scheduled for January 9, 2007. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of December 12, 2006 at Orange Civic 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 ( -17-