5/22/2007 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON JUNE 12,2007
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING May 22, 2007
The City Council of the City of Orange, California convened on May 22, 2007, 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 Tye McClain, Rock On Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Carolyn Cavecche
1.3 ROLL CALL
PRESENT -
ABSENT -
Smith, Murphy, Cavecche, Dumitru, Bilodeau
None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation given on City's electronic utility billing options; and certificate given to
Philip Arnold, Orange resident, for being the first to sign up for the program.
Presentation by Stu Livingstone, Community Foundation, recognizing support for the
Foundation Games Track and Field Meet.
Presentation from Cindy Reed, President, Orange Dog Park Association, of annual
status report. She submitted petition requesting improvements at the Dog Park and
invitations to second year anniversary celebration on June 16. (Marie Knight,
Community Services Director, provided an update on the status of Y orba Park and the
Dog Park).
Employee Service Awards presented
Mayor Cavecche announced the COPS Expo on June 2 at The Block.
2. PUBLIC COMMENTS -
Mary Dargatz, address on file, requested that the residents in the surrounding
neighborhood ofYorba Park receive more information on the status of the Park.
Katie Short, address on file, spoke on her request for donations to help with educational trip.
P~(Jp.1
CITY COUNCIL MINUTES
May 22, 2007
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 May 3 and 10,2007.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of May 8, 2007.
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 April 30, 2007.
ACTION:
Approved.
3.5 Receive and File the Investment Oversight Committee Report, period ending
April 30, 2007. (ORI800.0.27.16.1)
ACTION:
Approved.
AGREEMENTS
3.6 Amendment No. 10 to Cooperative Agreement No. C-9S-986 between City of
Orange and Orange County Transportation Authority (OCTA). (A2100.0 Agr-
2397.10)
SUMMARY: The Amendment No. 10 to Cooperative Agreement between Orange
County Transportation Authority and City of Orange amends the Combined
Transportation Funding Program Allocations.
ACTION: Approved Amendment No. 10 to Cooperative Agreement No. C-95-986 and
authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: None.
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CITY COUNCIL MINUTES
May 22, 2007
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.7 Three-year Entertainment Services Agreement with Metzger Enterprises, Inc. for
audio, lighting, staging, and electrical for the 3rd of July Celebration, Treelighting
Ceremony and Candlelight Choir Procession. (A2100.0 Agr-5074)
SUMMARY: The three-year Agreement includes a scope of services for audio,
lighting, staging, and electrical at 3rd of July Celebration, Treelighting Ceremony and
Candlelight Choir Procession and miscellaneous programs for a total compensation not
to exceed $182,257.33.
Discussion - Councilmember Murphy wanted to ensure that Mike Short was in
concurrence with this agreement. Mr. Short indicated he had been included in all
discussions and was in support of the agreement.
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to approve agreement with Metzger Enterprises, Inc. and authorize Mayor and
City Clerk to execute the agreement on behalf of the City.
FISCAL IMPACT:
2007, as follows:
100-7015-423500
100-7015-427800
The following funds are available in FY 06-07 to cover 3rd of July
Other Rentals and Leases
Other Contractual Services
$ 5,000.00
$ 29,110.82
Upon approval of the FY 2007-08 Budget, funds will be available to cover
Treelighting 2007 and yd of July 2008, as follows:
Treelighting 2007 100-7015-427800 Other Contractual Services
yd of July 2008 100-7015-423500 Other Rentals and Leases
100-7015-427800 Other Contractual Services
$ 10,395.10
$ 6,000.00
$ 31,017.30
(REMOVED AND HEARD SEPARATELY)
3.8 Project No. 6304, Award of Consultant Services Agreement to Iteris, Inc. for
traffic signal coordination services on various arterial highways. (A2100.0 Agr-
5075)
SUMMARY: The contract authorizes the Consultant to complete a traffic signal
coordination program to improve traffic flow and minimize delay at 45 intersections
along four arterial highways in the City.
Discussion - Mayor Cavecche wanted to ensure that the funds negotiated with The
Irvine Company for Chapman Avenue were being used.
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CITY COUNCIL MINUTES
May 22, 2007
3. CONSENT CALENDAR (Continued)
City Traffic Engineer, Tom Mahood indicated that The Irvine Company funds will be
used for the construction of the infrastructure; and that this agreement is for signal
programmmg.
MOTION - Cavecche
SECOND - Bilodeau
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to award contract in the amount of $88,966.00 to Iteris, Inc., 1515 South
Manchester Avenue, Anaheim, CA 92802, and authorize the Mayor and City Clerk to
execute on behalf of the City.
FISCAL IMPACT: Funds are available in the following account:
272-5032-483100-6304 GasTax
$95,000
(REMOVED AND HEARD SEPARATELY)
3.9 First Amendment to Services Agreement between the City of Orange, the Orange
Redevelopment Agency and the PM Group, Inc. for the design and printing of the
Orange Progress City newsletter/Community Services recreation brochure for FY
2007-08. (A2100.0 Agr-4692.B)
(See Related Orange Redevelopment Agency Minutes Item 3.3)
SUMMARY: The First Amendment to Services Agreement memorializes the City and
Agency's exercise of their option to extend the term of the original agreement and
authorizes the consultant to design, oversee printing and coordinate delivery of the next
four quarterly editions of the Orange Progress.
MOTION - Bilodeau
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Bilodeau
NOES - Dumitru
NOTE: Mayor pro tern Dumitru voted No as he wanted to wait until the status of the
FY 2007-08 budget was known before taking action.
Moved to approve the First Amendment to Services Agreement between the City of
Orange, the Orange Redevelopment Agency, and the PM Group, Inc. for the design and
printing of four quarterly issues of the Orange Progress in an amount not to exceed
$111,647 and authorize the Mayor and City Clerk to execute the agreement on behalf
of the City.
PAGEd
CITY COUNCIL MINUTES
May 22, 2007
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Sufficient funding has been included in the proposed FY 2007-
2008 budget through the following sources:
General Fund: $61,647 (this amount includes $40,000 contribution from Waste
Management) 100-0201-426600-7009 (City Manager's Office-Publicity &
Advertising-Orange Progress); and
Redevelopment Agency: $50,000 - 940-9800-426600 (Merged and Amended Project
Area - Publicity and Advertising - Orange Progress).
(REMOVED AND HEARD SEPARATELY)
3.10 Agreement between the City of Orange and Trauma Intervention Programs, Inc.
(TIP), a national non-profit organization that provides immediate on-scene
support to victims of tragic events. (A2100.0 Agr-4914.A)
SUMMARY: Approval ofan annual agreement in the amount of$16,560 with Trauma
Intervention Programs, Inc. to provide immediate on-scene support to victims of tragic
events, FY 2007-08.
Discussion - Councilmember Smith asked about the status of any formal agreement
between TIP and St. Joseph Hospital or Children's Hospital of Orange County.
Wayne Fortin, TIP representative, reported TIP has been meeting with St. Joseph to
establish a formal relationship; and they hope to accomplish this soon. A formal
relationship would mean that the hospital can contact TIP directly instead of going
through Police and Fire representatives.
MOTION - Smith
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to approve the Agreement between the City and Trauma Intervention Programs,
Inc.; and authorize the Mayor and City Clerk to execute the Agreement on behalf of the
City.
FISCAL IMPACT: Sufficient funds exist in the following account for FY 2007-08:
100-0000-426700 Non Department - Other Professional Services $16,560
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CITY COUNCIL MINUTES
May 22, 2007
3. CONSENT CALENDAR (Continued)
3.11 A Consultant Services Agreement with Hogle-Ireland, Inc., a private planning
consulting firm, to provide work in the areas of current planning and
environmental review related to processing of a Tentative Tract Map for East
Orange Area 2. (A2100.0 Agr-5076)
SUMMARY: Staff anticipates that development applications will soon be submitted
by The Irvine Company for a tentative tract map for East Orange Area 2. Coordination
of the review of this application will require extensive staff resources. This Consulting
Services Agreement will augment the existing staff in order to provide for adequate
staffing to properly evaluate the proposal.
ACTION: Approved and authorized the Mayor and City Clerk to execute the
consultant services agreement with Hogle-Ireland, Inc. for contract planning staff to
work on Santiago Hills II and East Orange. The contract amount is not to exceed
$70,000.
FISCAL IMPACT: None. The cost of the contract planner will be reimbursed by the
applicant and funds to cover the expense in the amount of $70,000 are available in
account 100-6021-411102.
3.12 A Second Amendment to an existing Consultant Services Agreement with Hogle-
Ireland, Inc., a private planning consulting firm, to provide current planning
assignments and prepare planning studies or reports for the Planning Division.
(A2100.0 Agr-4954.2)
SUMMARY: The goal of the Planning Division is to provide quality professional
planning services. As the division reaches full staffing in current planning, staff seeks
to provide continuity for longer term projects currently under study and to transition
other proj ects to the new Senior Planner. This contract will augment existing staff with
the use of professional planning consultants for the next two months.
ACTION: Approved and authorized the Mayor and City Clerk to execute an
amendment to an existing professional service contract with Hogle-Ireland, Inc., not to
exceed an additional $50,000 for a total contract amount of $280,000.
FISCAL IMP ACT: Funds in the amount of $50,000 are available in the following
account of the Current Planning Division's budget - 100-6021-426700 (Other
Professional and Consulting Services) These funds are from salary savings based on
current vacancies. For the Current Planning work, the cost for the contract planners will
be reimbursed by the applicants.
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CITY COUNCIL MINUTES
May 22, 2007
3. CONSENT CALENDAR (Continued)
3.13 A Fourth 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. (A2100.0
agr-4679.A.4)
SUMMARY: The goal of the Building Division is to provide quality customer service
at the public counter throughout the business day. The Community Development
Department is experiencing a staff shortage with the absence of a Chief Building
Official. The fourth amendment to the contract will augment this shortage with the use
of a consultant through the end of July 2007.
ACTION: Approved and authorized the Mayor and City Clerk to execute an
amendment to an existing professional service contract with Willdan Associates not to
exceed an additional $52,000, for a total contract amount of $591,700.
FISCAL IMPACT: Funds in the amount of $52,000 are available in the following
account of the Plan Check Administration budget: 100-6033-427800 (Other
Contractual Services).
BIDS
3.14 Project No. SP 3577; Approval of plans and specifications and request
authorization to advertise for bids for construction of Arterial Highway
Rehabilitation Program (AHRP) Projects - Glassell Street from Collins Avenue to
Katella Avenne. (S4000.S.7)
SUMMARY: Plans and specifications have been completed for the Glassell Street
Arterial Highway Rehabilitation Program. The project is ready to be advertised for
bids. The estimated construction cost is $720,000.
ACTION: Approved plans and specifications and authorized advertising for bids for
the Glassell Street Arterial Highway Rehabilitation improvements.
FISCAL IMPACT: Funds are budgeted and available in the following accounts:
272-5011-483300-3053 Gas Tax 2105 Glassell St.; Katella to Collins $351,104
550-5011-483300-3053 AHRP Glassell St.; Katella to Collins
$351,104
Once the bids are opened and actual bids are known, staff will make recommendations
on the award based on available funding, including request for fund transfer from other
unbudgeted funds, and re-scoping of construction items, if necessary.
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CITY COUNCIL MINUTES
May 22, 2007
3. CONSENT CALENDAR (Continued)
3.15 Bid No. 067-44; Approval of plans and specifications and request authorization to
advertise for bids for construction of Community Development Block Grant
(CDBG) Projects - Grand Street, Center Street, Blake Street, Harwood Street,
and Pine Street Reconstruction (SP-3600). (S4000.S.7)
SUMMARY: Plans and specifications have been completed for the reconstruction of
Grand Street, Center Street, Blake Street, Harwood Street, and Pine Street under the
CDBG Program. The project is ready to be advertised. The total estimated
construction cost including contingencies and construction engineering (15%) is
$465,000.
ACTION: Approved plans and specifications and authorized advertising for bids for
the Grand Street, Center Street, Blake Street, Harwood Street, and Pine Street
Reconstruction Projects.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and are
available in the following accounts:
310-9645-483300-4056 (CDBG Blake Street Reconstruction)
310-9645-483300-4057 (CDBG Center Street Reconstruction)
310-9645-483300-4058 (CDBG Grand Street Reconstruction)
310-9645-483300-4059 (CDBG Harwood Street Reconstruction)
310-9645-483300-4060 (CDBG Pine Street Reconstruction)
$ 89,000
$ 85,000
$ 86,000
$ 102,000
$ 103.000
$ 465,000
Total
3.16 Rejection of Bids - Bid No. 067-41; Security Fence Replacement for the Water
Plant (W-640). (C2500.P)
SUMMARY: Bids for the Security Fence Replacement for the Water Plant were
opened on April 19, 2007. One bidder responded to the notice inviting bids. The
bidder is Southland Construction of Irvine for $155,000.00. Since the bid is
substantially higher than the engineer's estimate and available budget, staff
recommends rejection of the bid.
ACTION: Rejected all bids received.
FISCAL IMPACT: Funds are budgeted and are available in the following account:
601-8011-481200-8101 (Water Utility Security Improvements) $100,000
PAGER
CITY COUNCIL MINUTES
May 22, 2007
3. CONSENT CALENDAR (Continued)
3.17 Bid 067-47; Project No. W-644; Water Plant Public Counter Security
Improvements. Approval of plans and specifications and request authorization to
advertise for bids. (C2500.P)
SUMMARY: Plans and specifications have been completed for the Water Plant Public
Counter Security Improvements. The plans call for an addition of 842 square feet to
the existing building to accommodate a security front counter with waiting area for the
public, a meeting room, and three new offices. Improvements to the Water Building
will include retrofitting of the restrooms to comply with ADA codes, replacement of
the perimeter block wall, construction of additional handicapped parking along with
paving, and landscaping. Plans and specifications have been completed and the project
is ready to be advertised for bids. The Engineer's Estimate of cost for construction is
$490,000.
ACTION: 1) Transferred $188,249 from Account No. 601-8011-481200-8101 (Water
Utility Security Improvements) to Account No. 601-8011-481200-8212 (Water Plant
Public Counter Security Improvements); 2) Transferred $14,749 from Account No.
601-8011-481200-8932 (Water Plant Painting) to Account No. 601-8011-481200-8212
(Water Plant Public Counter Security Improvements); 3) Transferred $95,935 from
Account No. 601-8011-481200-8933 (Water Plant Roof Replacement) to Account No.
601-8011-481200-8212 (Water Plant Public Counter Security Improvements); and 4)
Approved plans and specifications and authorized advertising for bids for the Water
Plant Public Counter Security Improvements.
FISCAL IMPACT: After transfer, funds are available, as follows:
601- 8011-481200-8212 Water Plant Public Counter Security Improv. $445,593
CONTRACTS
3.18 Contract Change Order No.1; Bid No. 067-32; Project No. SP-3588; CDBG
Project - Americans with Disabilities Act (ADA) Wheelchair Access Ramps at
Various Locations, FY 2006-07. (A2100.0 Agr-5054)
SUMMARY: This Contract Change Order authorizes payment for extra work at agreed
unit prices. The extra work consists of 13 additional ramps. The total cost for this
change order is $36,300.00.
ACTION: 1) Transferred $35,000 from 310-9645-491300-1070 (CDBG contingency
fund) to 310-9645-483300-1328 (ADA Ramp Improvements); and 2) Approved Contract
Change Order No. 1 in the amount of $36,300.00 to Nobest, Inc. for the extra work.
FISCAL IMPACT: Funds will be available upon transfer in the Capital Improvement
Program in the following account:
310-9645-483300-1328 CDBG - ADA Improvements $36,300
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CITY COUNCIL MINUTES
May 22, 2007
3. CONSENT CALENDAR (Continued)
3.19 Contract Change Order No.2 and Final Payment; Bid No. 067-09; Taft Avenue
and Glassell Street Storm Drain Improvements (D-146). (A2100.0 Agr-4964)
SUMMARY: This Contract Change Order authorizes final payment for additional
work at agreed lump sum prices. The total cost for this change order is $56,155.00.
ACTION: 1) Transferred $10,967.49 from 550-5011-483300-3058 (Orange-Olive
Road Storm Drain) to 550-5011-483400-5324 (Taft and Glassell Storm Drain); 2)
Transferred $45,187.51 from 272-5032-483100-6193 (Orange-Olive Road and Heim
Ave Signal) to 272-5011-483400-5324 for storm drain construction; and 3) Approved
Contract Change Order No.2 and final payment in the amount of $56,155.00 to Mike
Prlich & Sons, Inc. for the additional work.
FISCAL IMPACT: Funds will be available upon transfer in the following accounts:
272-5011-483400-5324 Gas Tax $45,187.51
550-5011-483400-5324 County of Orange Cooperative Project $10,967.49
3.20 Contract Change Order No.1 and Final Payment; Bid. No. 056-45; Waterline
Renewal for Fern St., Hillside Ave., Lakeside Ave., Brookside Ave., Warbler Pl.,
Hart St., Mockingbird PI., Oriole PI., and Meadowlark PI. (A2100.0 Agr-4933)
SUMMARY: This Contract Change Order authorizes final payment for additional work
at agreed lump sum prices. The total cost for this change order is $45,147.39.
ACTION: 1) Appropriated $16,200 from unallocated reserves to Account 601-8041-
484501-8400 (Pipeline Renewal projects); and 2) Approved Contract Change Order
No.1 and final payment in the amount of $45,147.39 to West Valley Construction, Inc.
for the additional work.
FISCAL IMAPCT: After appropriation, funds will be available to cover the cost of the
contract as follows:
601-8041-484501-8400 Pipeline Renewal Projects $45,147.39
PAGE 10
CITY COUNCIL MINUTES
May 22, 2007
3. CONSENT CALENDAR (Continued)
3.21 Award of Bid No. 067-40; Reservoirs 1, lA, 9A and 10 Exterior Recoating.
(A2100.0 Agr-5077)
SUMMARY: Bids for the exterior recoating of Reservoirs 1, lA, 9A and 10 were
received and opened on April 26, 2007. Nine bidders responded to the Notice Inviting
Bids. The apparent low bidder is Techno Coatings Inc. for $482,000.00.
ACTION: Awarded the contract in the amount of $482,000 to Techno Coatings Inc.,
1391 S. Allec Street, Anaheim, CA 92805 and authorized the Mayor and the City
Clerk to execute the agreement on behalf of the City.
FISCAL IMPACT: Funds are budgeted and are currently available as follows:
601-8041-484400-8302 Reservoir Recoating $482,000
3.22 Contract Change Order No. 1 through No. 6 and Final; Bid No. 045-48; Fire
Station 8 and Carver Pump Station Project (Reservoir 6 Pump Station). (A2100.0
Agr-4740)
SUMMARY: These Contract Change Orders authorize final payment for additional
work at agreed lump sum prices or time and material. The total cost for project change
orders is $62,476.46.
ACTION: 1) Transferred $8,528 from 601-8011-484102-8314 (Reservoir Pump
Station No.4) to 601-8011-484201-8207 (Carver Pump Station); and 2) Approved
Contract Change Order No.1 through No.6 and Final in the amount of $62,476.46 to
Gamut Construction Company for the additional work.
FISCAL IMPACT: Funds will be available upon transfer in the following accounts:
601-8011-484201-8207 Carver Pump Station $ 8,528.00
594-3011-481200-2681 Fire Station No.8 $53,948.46
3.23 Final Acceptance of Bid No. 067-22; SP-3531; The City of Orange Civic Center
Finance and Public Works Building Offices Interior Painting Located at 300 E.
Chapman Avenue and authorization to file Notice of Completion with the County
Recorder (No staff report reQuired). (A2100.0 Agr-5019)
SUMMARY: Bid No. 067-22; SP-3531; The City of Orange Civic Center Finance and
Public Works Building Offices Interior Painting Located at 300 E. Chapman Avenue.
Staff recommends acceptance of improvements. The contractor on said job was Mear
Construction, Inc.
PAGE 11
CITY COUNCIL MINUTES
May 22, 2007
3. CONSENT CALENDAR (Continued)
ACTION: Accepted public work improvements; authorized release of Fidelity and
Deposit Company of Maryland, Bond No. 08871013 in the amount of $35,000, and
authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
PARKING
(REMOVED AND HEARD SEPARATELY)
3.24 Request for NO FEE parking permits in Municipal Parking Lot J - South Orange
Street, for the Assistance League of Orange (10), and First United Methodist
Church (2). Orange Elderly Services (4) would utilize parking in Municipal
Parking Lot E - South Olive Street. (S4000.S.3.1.2)
SUMMARY: The Assistance League of Orange, First United Methodist Church and
Orange Elderly Services are requesting issuance of NO FEE parking permits to
accommodate their charitable medical and community activities. This request is
reviewed annually by the City Council.
Discussion - Councilmember Smith asked for a continuance on the request for permits
in the South Orange Street parking lot. She had questions about the use of the permits,
including - what days of the week the permits are valid; what type of arrangements for
church parking exist in other areas; if the permits are used for church staff or the
Chapman University child care program at First United Methodist Church; requested an
accurate count of available space; and if there have been any complaints or issues that
need to be addressed before offering more than 10% of the parking spaces for free.
MOTION - Smith
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to approve the request for No Fee parking permits in the South Olive Street
parking lot; and continue the request for No Fee parking permits in the South Orange
Street parking lot to June 26, 2007.
PAGE 12
CITY COUNCIL MINUTES
May 22, 2007
3. CONSENT CALENDAR (Continued)
3.25 Temporary closure of the Civic Center Municipal Parking Lot from 9:00 a.m. to
5:00 p.m. Saturday, October 27, 2007, and from 1:00 p.m. to 5:00 p.m. Sunday,
October 28, 2007 for a special event by the Old Towne Preservation Association.
(P2500.0.9)
SUMMARY: Old Towne Preservation Association is planning to hold their Open
House tour on Saturday and Sunday, October 27-28, 2007 from 9:00 a.m. to 5:00 p.m.
The Exhibitor's Hall will be held at the Women's Club on North Center Street and use
of the Civic Center parking lot would greatly facilitate visitor parking for their event.
ACTION: Approved the temporary closure of the Municipal Parking Lot at Almond
Avenue and Center Street (Civic Center lot), for duration of a special event by the Old
Towne Preservation Association.
FISCAL IMPACT: None.
QUITCLAIM
3.26 Quitclaim of an old Santa Ana Irrigation Company (S.A.V.I.) easement at 1816-
1838 North Case Street. (D4000.0)
SUMMARY: This S.A.V.I. easement has been abandoned for many years and has
been offered to the property owners for their private use.
ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to Grove
Construction Corporation for the S.A.V.I. easement located at 1816-1838 North Case
Street.
FISCAL IMPACT: None.
RESOLUTIONS
3.27 RESOLUTION NO. 10187 (L1200.0 LMD-94-1 Sycamore Crossing)
A Resolution of the City Council of the City of Orange regarding Landscape
Maintenance Assessment District 94-1 (Sycamore Crossing) declaring its intention to
provide for an annual levy and collection of assessments for Fiscal Year 2007-2008;
and to set a time and place for a Public Hearing to receive public testimony on the
foregoing matters; and to give preliminary approval to the Certified Engineer's Report
for Landscape Maintenance Assessment District 94-1 (Sycamore Crossing).
ACTION: Approved.
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CITY COUNCIL MINUTES
May 22, 2007
3. CONSENT CALENDAR (Continued)
3.28 RESOLUTION NO. 10188 (LI200.0 LMD-82-1 Shadow Ridge)
A Resolution of the City Council of the City of Orange regarding Landscape
Maintenance Assessment District 82-1 (Shadow Ridge) declaring its intention to
dissolve the district; and to set a time and place for a Public Hearing to receive public
testimony on the foregoing matter.
ACTION: Approved.
3.29 RESOLUTION NO. 10194 (S4000.S.4)
A Resolution of the City Council of the City of Orange finding that a portion of
Glassell Street near its intersection with Riverdale Avenue is no longer needed by the
public, ordering the vacation thereof and reserving all Public Utility Easements.
Note: Councilmember Bilodeau recorded an abstention on this item.
ACTION: Approved.
MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Items 3.7, 3.8, 3.9, 3.10, and 3.24 were removed and heard separately. Councilmember
Bilodeau abstained on Item 3.29. All other items on the Consent Calendar were
approved as recommended.
END OF CONSENT CALENDAR
***********
4. REPORTS FROM MAYOR CA VECCHE
4.1 Update on Tustin Branch Trail. (C2300.H)
Community Services Director, Marie Knight provided a brief update on the status of the Trail.
She indicated it will take approximately 17 more months to get through the design/approval
phase to where there is a project ready to go out to bid, then a construction process of about 10
months, but these are very preliminary figures and can easily vary.
PAGE 14
CITY COUNCIL MINUTES
May 22, 2007
4. REPORTS FROM MAYOR CA VECCHE (Continued)
Speakers - Expressed concern over the possibility of losing funding with the amount of time it
was taking to complete the trail.
Shirley Grindle
Kirk Winterroth
Sue Obermayer
John Moore
Council discussed continual follow-up with the agencies reviewing the technical studies;
funding of the project; the project scope being from Wanda and Collins through to La Veta;
the need for a grant writer; and the need for discussions with Cal Trans in an effort to get the
project moving forward.
Mayor Cavecche directed staff to return with a more detailed report, outlining timing of the
project and what parallel efforts can be done so as not to lose funding for this project.
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Smith - Study the possibility of R-l Zoning for all areas of the
Old Towne District which were historically primarily single family. (A2500.0 Ord-14-00)
Discussion - Councilmember Smith clarified that a study ofR-l Zoning in Old Towne will be
addressed in conjunction with the General Plan, noting a General Plan Study Session was
planned for June 12th.
Speaker - Dan Slater, noted zoning inconsistencies in Old Towne, asking that this be addressed
as quickly as possible.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS _ None.
7. ADMINISTRATIVE REPORTS
7.1 Report from Public Works Director - Precise Alignment for the Cannon Street
and Santiago Canyon Road Intersection Improvement Project. (S4000.S.7)
Precise alignment of Cannon Street realignment and widening has been established and plans,
specifications, and estimates are currently being finalized. Based upon the Precise Alignment,
the City prepared Mitigated Negative Declaration No. ENV 1776-06 to evaluate the potential
environmental impacts of the project. The Mitigated Negative Declaration concludes that with
the implementation of certain mitigation measures the proposed project would not have
significant impacts upon the environment. The estimated construction cost, including
additional Right-of-Way acquisition, to complete all work is $6,000,000.
PAGE 15
CITY COUNCIL MINUTES
May 22, 2007
7. ADMINISTRATIVE REPORTS (Continued)
Speakers - Suzanne Joseph, spoke on the unsafe traffic conditions at Valencia between Linda
Vista and Cannon;
Barry Rodieck, Blue Ri\:>bon Nursery, spoke on unsafe traffic conditions in this area.
Mrs. Farber, responding to a question from Mayor Cavecche, suggested that Public Works staff
and the Traffic Commission could review the concerns of the speakers as part of the
Residential Neighborhood Traffic Management program.
Staff also noted they have coordinated with Linda Vista Elementary to close the school for the
Summer session, which will allow for roadway widening and reconstruction of the school
parking lot without impacting school operations.
Mayor Cavecche directed staff to contact the speakers to assist in addressing traffic concerns.
RESOLUTION NO. 10190
A Resolution of the City Council of the City of Orange approving Precise Alignment for the
Cannon Street and Santiago Canyon Road Intersection Improvement Project and making
certain findings in connection therewith.
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to approve Resolution No. 10190.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS
9.1 RESOLUTION NO. 10189 (A4000.0 App-05l5-07)
A Resolution of the City Council of the City of Orange upholding Appeal No. 0515-07 and
denying Conditional Use Permit 4080-06 and Negative Declaration 1767-06 which would have
allowed the demolition of a 380 square foot detached garage and construction of a two story,
detached structure with a three-car garage and an accessory second housing unit located at 424
South Grand Street.
Applicant: Mark D. Drenner
Appellant: Old Towne Preservation Association
MOTION - Smith
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to approve Resolution No. 10189.
PAGE 16
CITY COUNCIL MINUTES
May 22, 2007
10. PUBLIC HEARINGS
10.1 AMENDMENT TO THE ORANGE MUNICIPAL CODE TO DEFINE SINGLE-
FAMILY AND DUPLEX RESIDENTIAL UNITS. (A2500.0 Ord-07-07 Zoning)
The public hearing to consider an Ordinance defining Single Family and Duplex Residential
Units adding language to the definitions to further define such units as dwellings shared by
persons acting as a single housekeeping unit (was continued to this time from Mav 8. 2007).
NOTE: This project is categorically exempt from the provisions of the California
Environmental Quality Act per State CEQA guidelines Section 15305 (Class 5 - Minor
Alterations in Land Use Limitations).
Discussion - City Attorney, David DeBerry stated that the Apartment Association of Orange
County indicated the Association had no concerns with the ordinance.
THE MAYOR OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, THE
MAYOR CLOSED THE PUBLIC HEARING.
Council Action -
ORDINANCE NO. 7-07 (FIRST READING)
An Ordinance of the City Council of the City of Orange amending chapter 17.04 of Title 17 of
the Orange Municipal Code defining single-family and duplex residential units.
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 7-07 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
PAGE 17
CITY COUNCIL MINUTES
May 22, 2007
12. RECESS TO CLOSED SESSION
City Attorney David DeBerry reported there was a need to discuss an item relating to the Jeff
Hambarian case.
MOTION - Cavecche
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that there is a need to take immediate action and that the need arose after the posting of
the agenda.
The City Council recessed at 6:05 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel concerning existing litigation - City of Orange v. Jeff
Hambarian, Orange County Superior Court Case No. 807419.
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.
PAGE1R
CITY COUNCIL MINUTES
May 22, 2007
7:00 P.M. SESSION
13. PUBLIC COMMENTS - None.
14.
PUBLIC HEARINGS
TAPE 3050
14.1 PROPOSED WATER RATE INCREASE. (A2500.0 Ord-12-07)
Time set for public hearing to consider amending and revising the Master Schedule of Fees and
Charges for Water Rates.
The City conducted a financial analysis of the water funds to verify balanced revenues and
expenditures, while rnaintaining a reasonable fund balance for emergency purposes. This
analysis showed a need for rate increases for the next three years based on rising costs for
water supply, energy, and construction. Due to the aging ofthe water infrastructure, additional
funds are needed for repair and replacement of water facilities.
Pursuant to Article 13D of the California Constitution (Proposition 218) and recent court
decision interpreting this constitutional provision, the City is required to conduct a majority
protest hearing before raising water rates. The proposed increases do not exceed the City's
estimated reasonable cost of providing the service.
Staff Report - Water Division Manager, Joe De Francesco provided a staff report, noting that
in spite of the proposed increases, the City of Orange will continue to provide water at the
second lowest rate in the County; and that the rates would become effective on July 12,2007.
City Attorney, David DeBerry explained the Majority Protest Hearing Process as prescribed by
Proposition 218, requiring notices be sent to all owners of record in the City. If a majority of
the owners protest, then the City cannot assess the increase. He further stated that the increase
must pass by a 2/3 vote of the Council.
Finance Director, Rich Jacobs explained that the water rates are deposited into an Enterprise
Fund which does not receive any tax dollars.
Mayor Cavecche clarified that the Enterprise Fund pays for the maintenance of the
infrastructure and if there are insufficient funds, then either reserve funds would be used to
supplement a shortfall or the infrastructure would be adversely affected due to deferred
maintenance.
P;Jop.19
CITY COUNCIL MINUTES
May 22, 2007
14. PUBLIC HEARINGS (Continued)
THE MAYOR OPENED THE PUBLIC HEARING
Speakers -
. Carol Rudat - asked that all expenses be reviewed.
. Robert Bassett - noted excessive fee increase.
. Ray Grungoff, Apartment Association of Orange County - asked for a review of the
tiered structure for apartment owners.
. Louis Divito - requested additional information.
. Sister Mary Therese Sweeney - spoke in favor of the increase, noting the rates reflect
actual costs only.
. Karl Baysinger - spoke in opposition to the tiered system for apartment owners.
. Julia Araiza - spoke in opposition to the tiered system for apartment owners.
Sheila Harvey - submitted her opposition to the rate increase - but did not speak.
Gary Sutliff - did not speak.
THE MAYOR CLOSED THE PUBLIC HEARING
The City Clerk announced that there are 31,794 parcels in the City and that the City Clerk Office
had received 14 written protests; therefore, a majority protest did not exist.
In response to the concerns of the speakers, it was noted that the capacity service charge is now
indicated on the water bill to give customers a better understanding of cost; and that the capacity
charge covers maintenance and the water charge is for water; apartments generally have only one
capacity charge per complex; Brown and Caldwell is the firm which conducted the analysis; City
staff maintains the system, therefore the charge does cover staff salaries; Capital Improvement
projects include the replacement of leaky and aging lines; and developers pay for the water
service infrastructure included in their developments.
Council Ouestions - Water Division Manager, Joe De Francesco responded to questions by Mayor
pro tern Dumitru, stating that the Groundwater Replenishment System will increase the water
supply and stabilize rates; and that the amount of rainfall affects the amount of water available to
pump, which changes from year to year. He also explained that the decision to use the tiered rates
structure was made in 2001 after careful study showed it to be the most fair and equitable.
Councilmember Bilodeau stated that the Groundwater Replenishment System is going on line in
December, 2007 and will provide water equivalent in price to the imported water from the
Colorado River, and that over time it will become cheaper. He explained that the rising costs of
water is due in part to the State using Ad Valorem money from the special districts, including the
Orange County Water District, but that this practice is ending this year. He reported that the
water district charges 1/20th of a penny per gallon of water, compared to the price of bottled
water which is marked up 600,000%. He added that this is a pass through account and the
money is not used for any other cost. He suggested that the tiered structure for apartment
buildings be reviewed at a later date.
PAGE 20
CITY COUNCIL MINUTES
May 22, 2007
14. PUBLIC HEARINGS (Continued)
Mayor Cavecche stated she wanted to ensure that the rate was equitable covering usage and
maintenance, and reiterated the need to review the rate being charged apartment complexes and
whether the tiered system is the most fair and equitable. She reiterated that the water fund is an
enterprise account and the funds collected are used only for water service; and that although it is
a tough decision to raise rates, the Council has a responsibility to maintain the water system.
Councilmember Smith stated that the increased cost of water would equate to approximately
$10 for the next year; that the City's water is good, clean and clear; and that Orange rates are
the second lowest rate in the County, which is an indication of good stewardship.
In response to a question by Councilmember Dumitru, Mr. De Francesco stated that there are
four other water providers to Orange area residents: Golden State, East Orange County Water
District, Serrano and Orange Park Acres; and that their rates are higher than the City's rates.
Councilmember Murphy noted that homeowner insurance rates can be affected by the level of
water service provided by a city. He stated that safety is a number one responsibility, and it is
important to be able to effectively deliver water service during emergency times, as well as
normal times; and noted that this is not a tax, but a rate increase based on the cost of delivering
a service. He agreed with the direction to work with apartment owners on equity issues.
Council Action:
ORDINANCE NO. 12-07 (FIRST READING)
An Ordinance of the City Council of the City of Orange Amending and Revising the Master
Schedule of Fees and Charges for Water Rates.
MOTION - Bilodeau
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 12-07 be read by title only and same was set for second reading by
the preceding vote.
Mayor Cavecche directed staff to work with the Apartment Association of Orange County in
studying the tiered structure for apartment units, comparing the city's water structure with
other cities.
MOTION - Bilodeau
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to authorize the annual transfer of 8% of the water rate revenues from Fund 600
(Water) to Fund 601 (Water Capital Projects).
PAGE 21
CITY COUNCIL MINUTES
May 22, 2007
14.
PUBLIC HEARINGS (Continued)
TAPE 5200
14.2 PROPOSED SEWER SERVICE RATE INCREASE. (A2500.0 Ord-13-07)
Time set for public hearing to consider amending and revising the Master Schedule of Fees and
Charges Relating to Sewer Rates.
The City conducted a financial analysis of the sewer rates to verify balanced revenues and
expenditures, while maintaining a reasonable fund balance for emergency purposes. This
analysis showed a need for a sewer rate increase for the next three years based on rising costs
for increased sewer maintenance activities and sewer infrastructure needs.
Pursuant to Article 13D of the California Constitution (Proposition 218) and recent court
decisions interpreting this constitutional provision, the City is required to conduct a majority
protest hearing before raising sewer rates. The proposed increases do not exceed the City's
estimated reasonable cost of providing the service.
Staff Report - Maintenance Division Manager, Bob Yon Schimmelmann stated the sanitation
fund supports street sweeping, street tree maintenance, stormwater/environmental compliance
and sewer service. After routine analysis, it was determined that the sewer rate needed
adjustment. He added that an aging infrastructure and rising construction costs are driving the
need to repair/replace the sewer lines.
City Attorney, David DeBerry explained the Majority Protest Hearing Process as prescribed by
Proposition 218, requiring notices be sent to all owners of record in the City. Ifa majority of
the owners protest, then the City cannot assess the increase. He further stated that the increase
must pass by a 2/3 vote of the Council.
In response to Council questions, Mr. Von Schimmelmann stated that the average home use is
40 hcf (hundred cubic feet) of water every two months; a ratepayer on vacation is charged the
lowest of two months average in the year; some of the sewer pipes are nearing 100 years old;
clay pipes last between 70 to 100 years; and that there are other entities that have sewer lines
going through Orange - Orange County Sanitation District, and the Cities of Anaheim, Santa
Ana and Villa Park.
THE MAYOR OPENED THE PUBLIC HEARING
Speakers - noting the fees should have been raised gradually over time and that the proposed
increase is too high a percentage.
. Louis Divito
. Donald Meyer
. Charles Schroeder
THE MAYOR CLOSED THE PUBLIC HEARING
PAGE 22
CITY COUNCIL MINUTES
May 22, 2007
14. PUBLIC HEARINGS (Continued)
Maintenance Division Manager, Bob Von Schimmelmann responded to the speakers concerns,
stating that because the sewer rate has been historically low, any rate increase would seem like
a jump which is due in part to the inclusion of a Capital Improvement component to address
the need for maintenance; the City has had to increase cleaning cycles and perform condition
assessments of pipes to come into compliance with the Federal Clean Water Act and the State
Waste Discharge Requirement. He added that if a City does not adhere to these requirements,
it can be fined by the Government agencies.
The City Clerk announced that there are 31,794 parcels in the City and that the City Clerk
Office was in receipt of 6 written protests; therefore, a majority protest does not exist.
Councilmember Bilodeau reiterated that the major reason the rates are increasing is due to the
Capital Improvement project to replace the aging sewer lines.
Councilmember Murphy stated that a consequence of the new Proposition 218 Majority Protest
Hearing is the cost to mail a notice to every parcel owner which runs approximately $25,000.
This creates the need to factor the cost over several years so that the mailing cost is not
incurred every year.
Mayor Cavecche reiterated that the maintenance cost should have been planned tor many years
ago; however, since it was not, the current Council must take the responsibility to maintain the
system.
ORDINANCE NO. 13-07 (FIRST READING)
An Ordinance of the City Council of the City of Orange Amending and Revising the Master
Schedule of Fees and Charges Relating to Sewer Rates.
MOTION - Cavecche
SECOND - Murphy
A YES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 13-07 be read by title only and same was set for second reading by
the preceding vote.
PAGE 2:l
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CITY COUNCIL MINUTES
May 22, 2007
15. PLANNING AND ENVIRONMENT - None.
16. ADJOURNMENT - The Council adjourned at 8:35 p.m.
The next Regular Council Meeting is scheduled for June 12,2007.
Declaration of City Clerk, Mary E. Murphy, declariug posting of City Council agenda of a
regular meeting of May 22, 2007 at Orauge 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.
LA ~~
-- ~ MURPHY
CITY CLERK
PAGE 24