9/25/2007 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON OCTOBER 9, 2007
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
September 25,2007
The City Council of the City of Orange, California convened on September 25, 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 Tim Klinkenberg, St. John's Lutheran Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Denis Bilodeau
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Recognition of Orange Public Library Teen Volunteers.
Presentation of the Employee Service Awards.
Mayor Cavecche announced that October 3,2007 is Walk Your Child to School Day to
bring awareness to pedestrian safety.
2. PUBLIC COMMENTS -
Ron Spinoglio, spoke on advertisements being left at front doors and suggested a
review of the current ordinance to give homeowners an easier way to end that practice
if they choose. He submitted a pre-printed door hangar, available to homeowners in
another city, as a suggestion.
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CITY COUNCIL MINUTES
September 25, 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 August 23 and 30, 2007.
ACTION: Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of September 11,
2007. (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 August 31, 2007.
(C2500.F)
ACTION: Approved.
3.5 Receive and file the Investment Oversight Committee Report, period ending
July 31,2007. (ORI800.0.27.16.1)
ACTION: Approved.
AGREEMENTS
3.6 Second Amendment to Consultant Services Agreement for Carollo Engineers to
conduct Initial Distribution System Evaluation (IDSE) Plan and submit final IDSE
report for Compliance with the Stage 2 Disinfections/Disinfection By-Products Rule
(DBPR). (A2100.0 AGR-4886.2)
SUMMARY: Carollo Engineers has successfully completed the City's initial submission
of the IDSE Plan to the State through a First Amendment to Consultant Services
Agreement with the City. To complete the IDSE plan for the DBPR, staff is
recommending expanding the scope of work to include conducting the IDSE Plan and
submitting the final report for the plan to the State. The consultant fee for this task is
$58,747.00.
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CITY COUNCIL MINUTES
September 25, 2007
3. CONSENT CALENDAR (Continued)
ACTION: Approved Second Amendment to the Consultant Services Agreement with
Carollo Engineers in the amount of $58,747.00; and authorized the Mayor and City
Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and are available to cover the cost of the
contract as follows:
600-8011-425100 Maintenance of Wells $94,600.00
3.7 Consultant Services Agreement with RBF Consulting to update the City of Orange
Housing Element as required by State law. (A2100.0 AGR-5142)
SUMMARY: In accordance with California Government Code requirements, the City
must update the Housing Element of its General Plan by June 30, 2008. The proposed
consultant services agreement retains a consultant to complete the Housing Element
Update. The scope of work includes reviewing the existing Housing Element and
updating the document to reflect current conditions, City policies, and methods to meet
the Regional Housing Needs Assessment (RHNA) allocation for the City, pursuant to
State law. The current Housing Element was last revised and certified by the State in
2001.
ACTION: Approved Consultant Services Agreement with RBF Consulting as the
consulting team to prepare the Housing Element Update, in an amount not to exceed
$77,000; and authorized the Mayor and City Clerk to execute the agreement on behalf
of the City.
FISCAL IMPACT: Funds are available for the Housing Element Update as follows:
100-6011-426700-9797 General Fund/Professional & Consulting Services $49,700
941-9800-426700-9797 Merged Housing Fund/Prof. & Consulting Services $27,300
BIDS
3.8 Bid No. 078-10; Water Main Renewal for Ridge Park Lane, Featherhill Drive,
Maple Grove Road, Shady Forest Lane, Chapel Hill Road, Marywood Lane and
Echo Hill Way (W-643); Approval of plans and specifications and request
authorization to advertise for bids. (C2500.P)
SUMMARY: Plans and specifications have been completed for the Water Main
Renewal for Ridge Park Lane, Feather Hill Drive, Maple Grove Road, Shady Forest
Lane, Chapel Hill Road, Marywood Lane and Echo Hill Way. This project is ready to
be advertised for bids. The preliminary cost estimate is $850,000.00.
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CITY COUNCIL MINUTES
September 25,2007
3. CONSENT CALENDAR (Continued)
ACTION: Approved plans and specifications and authorized advertising for bids for the
construction of Water Main Renewal for Ridge Park Lane, Feather Hill Drive, Maple
Grove Road, Shady Forest Lane, Chapel Hill Road, Marywood Lane and Echo Hill
Way.
FISCAL IMP ACT: Funds are budgeted and are available in the following account:
601-8041-484501-8400 Pipeline Renewal Projects $850,000
3.9 Bid No. 078-15; Project No. SP-3619; Asbestos Abatement at 125 and 145 South
Water Street, and Building Demolition at 125 South Water Street. Approval of
plans and specifications and request for authorization to advertise for bids.
(C2500.M)
SUMMARY: Plans and specifications have been completed for the demolition of the
remaining automotive repair shop and a warehouse formerly used by Orange County
Fire Authority (OCFA) on east side of Water Street. The project is ready to be
advertised for bids.
The estimated asbestos abatement and demolition cost are $70,000.00 for the
automotive repair shop and $20,000 for the warehouse including contingencies (10%),
and construction engineering (10%).
ACTION: Approved plans and specifications and authorized advertising for bids for
Asbestos Abatement at 125 and 145 South Water Street, and Building Demolition at
125 South Water Street.
FISCAL IMP ACT: Funds are budgeted and available in the following accounts:
500-3021-481105-2977 Fire Station No.1 $1,273,389
601-8041-481102-8935 Water Plant Warehouse Replacement $ 385,103
3.10 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. Rosalind Sassoon
b. Lulu Hagopian
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES
September 25,2007
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.11 Award of Contract - Bid No. 078-06; SP-3577; Glassell Street Rehabilitation
Arterial Highway Rehabilitation Program (AHRP) Project - Glassell Street from
Collins Avenue to Katella Avenue. (A2100.0 AGR-5143)
SUMMARY: The bids were opened on September 13,2007. Seven bidders responded
to the invitation for bids. The apparent low bidder is All American Asphalt for
$587,443. The Engineer's Estimate is $647,000.
ACTION: Awarded a contract in the amount of $587,443 to All American Asphalt,
P.O. Box 2229, Corona, CA 92878-2229, and authorized the Mayor and City Clerk to
execute on behalf of the City.
FISCAL IMP ACT: Funds are budgeted and available in the following accounts:
272-5011-483300-3053 Gas Tax 2105 Glassell St.-Katella to Collins $376,615
550-5011-483300-3053 AHRP Glassell St. - Katella to Collins $351,104
3.12 Contract Change Order No.1 for Bid No. 067-25; SP-3501; Police Headquarters
Heating, Ventilation, Air Conditioning (HV AC) System and Electrical Upgrades.
(A2100.0 AGR-5027)
SUMMARY: This Contract Change Order authorizes payment for extra work at agreed
unit prices. The total cost for this change order is $84,644.00.
ACTION: Approved Contract Change Order No.1 in the amount of $84,644.00 to
CT AC, Inc. for the extra work.
FISCAL IMP ACT: Funds are budgeted and available in the following account:
725-5028-481200-9823 Police HQ HVAC System Upgrades $124,277
3.13 Award of Contract; Bid No. 078-08; Community Development Block Grant
(CDBG) Projects - Poplar Street and Acacia Avenue Reconstruction (SP-3585).
(A2100.0 AGR-5144)
SUMMARY: Bids for the CDBG Poplar Street and Acacia Avenue Reconstruction
Projects were received and opened on September 6, 2007. Nine bidders responded to
the Notice Inviting Bids. The apparent low bidder is RJ Noble of Orange in the amount
of $125,872. The Engineer's Estimate is $175,000 including contingencies and
construction engineering.
ACTION: Awarded the contract in the amount of$125,872 to RJ Noble and authorized
the Mayor and City Clerk to execute on behalf of the City.
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CITY COUNCIL MINUTES
September 25,2007
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and are
available in the following accounts:
310-9645-483300-4061 CDBG Poplar Street Reconstruction
310-9645-483300-4055 CDBG Acacia Avenue Reconstruction
$ 66,000
$124,250
3.14 Award of Contract; Bid No. 078-14; Fire Stations 3 and 7 Automatic Gates and
Fences (SP-3615). (A2100.0 AGR-5145)
SUMMARY: Bid for the construction of Fire Stations 3 and 7 Automatic Gates and
Fences has been received and opened on September 6,2007. One bid was received out
of three bid proposals sold. The apparent low bidder is La Habra Fence Company of
La Habra in the amount of $43,409.00.
ACTION: Awarded the contract in the amount of $43,409.00 to La Habra Fence
Company, and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are available in the following account:
725-5028-481200-9832 Security Gates at Fire Stations 3 and 7
$50,000.00
3.15 Final Acceptance of Bid No. 067-36; SP-3591; Annual Street Maintenance Asphalt
Concrete Overlay at Various Locations, Phase II and authorization to file Notice
of Completion with the County Recorder (No staff report required). (A2100.0
AGR-5064)
SUMMARY: Bid No. 067-36; SP-3591; Annual Street Maintenance Asphalt Concrete
Overlay at Various Locations, Phase II. Staff recommends acceptance of
improvements. The contractor on said Job was Ruiz Engineering Company.
ACTION: Accepted public work improvements; authorized release of Fidelity and
Deposit Company of Maryland, Bond No. 08871071 in the amount of $1,462,805.00,
and authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
3.16 First and Final Contract Change Order for Bid No. 067-02; Glassell Street
Rehabilitation AHRP Project from Katella Avenue to Taft Avenue (SP-3546).
(A2100.0 AGR-4996)
SUMMARY: Final Contract Change Order is required for the construction of concrete
bus pads, minor changes due to field conditions and the pavement transition at Glassell
Street and Taft Avenue intersection. This Change Order will increase the contract
award amount by $80,950.48.
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CITY COUNCIL MINUTES
September 25,2007
3. CONSENT CALENDAR (Continued)
ACTION: Approved Final Contract Change Order increasing amount of $80,950.48 to
All American Asphalt, 400 E. Sixth St., Corona, CA 92878, and authorize the Mayor
and the City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funds are available in the following accounts:
943-9800-483300-3054 Orange Redevelopment Glassell St. -
from Katella to Taft
550-5011-483300-3054 AHRP Glassell St.-Katella to Taft
$77,189
$59,128
The increased contract amount of $80,950.48 will be split as $45,448.14 from Fund
943-9800-483300-3054 and $35,448.14 from Fund 550-5011-483300-3054.
QUITCLAIM
3.17 Quitclaim of an old Santa Ana Irrigation Company (S.A.V.I.) easement at 734 N.
Hart 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 Cathy
Meyer for the S.A.V.I. Easement located at 734 N. Hart Street.
FISCAL IMPACT: None.
RESOLUTIONS
3.18 RESOLUTION NO. 10217 (A2100.0 AGR-5146; 5147)
A Resolution of the City Council of the City of Orange approving a Cooperation and
Reimbursement Agreement with the Orange Redevelopment Agency relating to
Reimbursement by the Orange Redevelopment Agency of a portion of the cost of those
street improvements.
(See related Redevelopment Agency Minutes Item No. 3.3)
SUMMARY: The Cooperation and Reimbursement Agreement provides for Agency
reimbursement to the City of Orange of the Agency's share of costs related to street
improvements along Meats Avenue between Orange-Olive Road and Nordic Street.
Bids for Meats Avenue Rehabilitation from Orange Olive Road to Nordic Street were
received and opened on September 13, 2007. Eight bidders responded to the Notice
Inviting Bids. The apparent low bidder is RJ Noble of Orange, CA for $752,752.00.
The low bid is 16.5% below the Engineer's Estimate of $901,592 including
contingencies.
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CITY COUNCIL MINUTES
September 25,2007
3. CONSENT CALENDAR (Continued)
ACTION: 1) Adopted Resolution No. 10217; and 2) Awarded the contract in the
amount of $752,752.00 to RJ Noble and authorized the Mayor and City Clerk to execute
on behalf of the City.
3.19 RESOLUTION NO. 10218 (T2200.0)
A Resolution of the City Council of the City of Orange authorizing application for
funds for the Transportation Development Act (TDA) program for new arterial
sidewalk construction projects.
ACTION: Approved.
3.20 RESOLUTION NO. 10219 (C2500.M.4.20)
A Resolution of the City Council of the City of Orange authorizing application for
funds for the construction of the Santiago Creek Bike Trail Bridge at Grijalva Park.
ACTION: Approved.
3.21 RESOLUTION NO. 10220 (C2500.N)
A Resolution of the City Council of the City of Orange approving the application for
Grant Funds from the Recreational Trails Program for the Acquisition of Parcels and
Easements along the Santiago Creek Bike Trail.
ACTION: Approved.
MOTION - Murphy
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES
September 25,2007
4. REPORTS FROM MAYOR CA VECCHE - None.
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Bilodeau - Report from staff on Irvine Ranch Water District's
efforts to take over water and sewer service to Orange Park Acres.
Councilmember Bilodeau requested a report providing an update on Irvine Ranch Water
District's efforts to provide service to Orange Park Acres (OPA).
Orange County Supervisor Bill Campbell provided a brief history and update on this issue.
He reported that he had originally initiated discussions with the Orange Park Acres community
regarding sewer and water issues. He noted the City had indicated that they were not
interested in providing sewer services to this area at that time. After numerous discussions,
the Irvine Ranch Water District (IR WD) expressed an interest in providing both water and
sewer services, but only with the full knowledge and agreement of the city; and after meetings
with all parties involved, it was clear to the County that the City was willing to have IRWD
provide sewer service. At this same time, the Orange Park Acres Mutual Water Company
(OP AMWC) had indicated they might be considering a sale to an outside agency; and IRWD
also responded to the OP AMWC request for interest for water service. Again, it was the
County's belief that the City was not interested or able to provide water service at that time;
and IRWD was able to provide both water and sewer service. As part of the discussions with
IRWD, IRWD did indicate that if Orange Park Acres were ever to be annexed to the City of
Orange in the future, IR WD would be willing to sell their facilities to Orange. He noted an
upcoming meeting on October 17 with all parties involved to work out any remaining issues.
City Manager John Sibley noted that when Orange Park Acres Mutual Water Company asked
if the City was interested in providing service, the City did not have enough information to
make a response at that time; and in March 2007, the City received a letter from the OPAMWC
Board formally notifying the City of the Board's decision to pursue an agreement with IRWD.
The City is willing to work with all parties involved; and he reiterated that if Orange Park
Acres Mutual Water Co. were to be annexed by IRWD, the City should be given the
opportunity to purchase the facilities in connection with the City possibly annexing the area at
a later date; and it would be prudent to have any agreement between IRWD and the City in
place prior to their annexation of OP AMWC. He also noted that another aspect of the
agreement between IRWD, OPAMWC and the City is that the water will remain within
Orange's sphere of influence.
Councilmember Bilodeau wanted to ensure that the City would be given the opportunity to
purchase the facilities if the area were annexed to the City; asked about areas served by the
existing well; and asked about the period of time of amortization for funding. He had hoped
the City would have been more aggressive in the past in providing this service; but thanked
IRWD for their services and was glad to see that OP A residents will be getting reliable water
service. He expressed an interest in hearing a full presentation from IRWD.
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CITY COUNCIL MINUTES
September 25,2007
5. REPORTS FROM COUNCILMEMBERS (Continued)
Mr. Paul Jones, General Manager, Irvine Ranch Water District, reported an acquisition balance
is established to fund the infrastructure to bring it up to current standards and the calculation
for that term is approximately 8.2 years.
He also reported plans are to refurbish the OP AMWC well and connect to a reservoir at
Chapman and Jamboree, where the water will flow back into the OP A system.
With regard to the question about accounting for water staying in Orange, Mr. Jones read from
the water service agreement regarding groundwater production - that Orange and IR WD will
review and evaluate cooperative groundwater production opportunities. Any municipal
groundwater production wells operated by IRWD within the sphere of influence of Orange
shall only serve water to customers within the sphere of influence of Orange; to be determined
on the basis of water accounting showing no net export unless otherwise authorized by
Orange's prior written consent.
He also noted that water can be accounted for through production records from the wells,
demand calculations and meters throughout the system; and these records are all public
records.
He reported the well currently there has some problems with production; that it has recently
been refurbished and produces about 700 gallons per minute; and in the short term, there are
no plans to drill additional wells at this location. As Santiago Hills II is developed and if the
area is annexed into OCWD, IRWD may choose to drill additional wells, but all that water
would be used within the sphere of influence of Orange - or, at that time, within the city limits.
That is IRWD's intent, to benefit Santiago Hills II and East Orange with ground water
services. They realize they can not export water - and that it is a condition that they will
adhere to.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Community Video Advisory Board Annual Report for 2006 - presented by
Pat Buttress, Board President. (OR1800.0.28)
In response to Council questions, Ms. Buttress noted she was very proud of the involvement
and participation of the current Board.
Mayor Cavecche noted that many of the city's community events are filmed and rebroadcast
under the direction and funding of the Community Video Advisory Board.
MOTION - Murphy
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to Receive and File.
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September 25,2007
7. ADMINISTRATIVE REPORTS - None.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS - None.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
11. RECESS TO CLOSED SESSION
NOTE: The City 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.
12. ADJOURNMENT - The City Council adjourned at 5:35 p.m.
There was no 7:00 p.m. Session scheduled for the September 25th Council Meeting.
The next Regular Council Meeting is scheduled for October 9,2007.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of September 25, 2007 at Orange Civic Center kiosk, Police facility at 1107
North Batavia, and the Main Public Library at 407 E. Chapman; all of said locations being in
the City of Orange and freely accessible to members of the public at least 72 hours before
commencement of said regular meeting.
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