12/11/2007 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON JANUARY 8, 2008
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING December 11, 2007
The City Council of the City of Orange, California convened on December 11, 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 Orlando Barela, Household of Faith Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Jon Dumitru
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of Proclamation honoring California Assemblymember Todd Spitzer.
Recognition of Orange Chiefs Youth Football Team.
2. PUBLIC COMMENTS
Charles Monson, spoke on the medical marijuana Issue and requested his seized
property be returned by Orange Police Department.
Mayor Cavecche stated someone from the City Attorney's Office would contact Mr.
Monson by the end of the week.
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CITY COUNCIL MINUTES
December 11, 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 November 15,21,29,2007.
ACTION:
Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of November 27,
2007; and Adjourned Regular Meeting of November 27, 2007. (C2500.D.4)
NOTE: Councilmember Murphy abstained, as he was absent from the November 27th
meeting.
ACTION:
Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
3.4 Submittal of Annual Financial Reports for Development Impact Fees.
ACTION:
Received and Filed.
AGREEMENTS
3.5 Agreement D07-094 with the Orange County Flood Control District.
(A2100.0 Agr-4059.A)
SUMMARY: This agreement replaces expired agreement D02-082 with the Orange
County Flood Control District (District) and authorizes the District to provide the City
NPDES (National Pollutant Discharge Elimination System) inspection and enforcement
services upon request. There is an annual cost of $1,825 for the availability of these
servIces.
ACTION: Approved agreement D07-094 with the Orange County Flood Control
District and authorized the Mayor and City Clerk to execute the agreement on behalf of
the City.
FISCAL IMPACT: Funding of this work is provided in the Public Works Department
operating budget utilizing Sanitation funds in the Other Professional Services Account
No. 220-5024-426700.
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CITY COUNCIL MINUTES
December 11, 2007
3. CONSENT CALENDAR (Continued)
3.6 Award of Consultant Services Agreement to ABSG Consulting, Inc. for oversight
management services for the design and construction of the new Fire
Headquarters Project. (A2100.0 Agr-5189)
SUMMARY: On October 16, 2007 the City received four proposals from qualified
firms for the performance of design oversight and construction management for the
new Fire Headquarters. After reviewing and ranking the proposals, ABSG has been
selected for an amount not to exceed $295,540.
ACTION: Approved the professional services agreement between the City and ABSG
in an amount not to exceed $295,540 for the design and construction management
services for the new Fire Headquarters; and authorized the Mayor and City Clerk to
execute the agreement on behalf of the City.
FISCAL IMP ACT: Sufficient funds exist in the following account:
500-3021-481105-2977 Fire Station 1
$1,273,121
3.7 Approve contract with Reliance Standard Life Insurance Company for employee
Basic Life Insurance, Basic AD&D, Supplemental Life Insurance, Supplemental
AD&D and Long Term Disability Insurance effective January 1, 2008 through
December 31, 2009. (A2100.0 Agr-4173.C; 4174.C; 4175.A)
SUMMARY: This agreement with Reliance Standard Life Insurance Company
provides group Basic Life Insurance, Basic AD&D, Supplemental Life Insurance,
Supplemental AD&D and Long Term Disability Insurance benefits for City of Orange
employees. Reliance Standard has given the City of Orange a rate pass for the next 24-
months. This contract will be in effect for 24 months beginning January 1, 2008
through December 31, 2009.
ACTION: Approved a two-year contract with Reliance Standard Life Insurance and the
City of Orange; and authorized the Mayor and City Clerk to execute on behalf of the City.
.
FISCAL IMPACT: There is no additional fiscal impact to the current budget. The
annual amount paid to Reliance Standard is already included in each department's
annual operating budget under employee salaries and benefits.
3.8 Approve contract renewals with Delta Dental Plan of California and DeltaCare
Group Dental Service for employee dental insurance benefits, effective January 1,
2008 through December 31,2008. (A2100.0 Agr-2937.B.2; 4590.B.l)
SUMMARY: The City has contracted with Delta Dental Plan of California to provide
indemnity and Pre-Paid dental insurance benefits to City employees and retirees. These
plans provide comprehensive dental insurance coverage for employees and their family
members. The contract for these plans is currently up for renewal.
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CITY COUNCIL MINUTES
December 11,2007
3. CONSENT CALENDAR (Continued)
ACTION: Approved a one-year contract renewal with Delta Dental Plan of California
and DeltaCare Dental Service; and authorized the Mayor and City Clerk to execute on
behalf of the City.
FISCAL IMP ACT: There is no fiscal impact to the current budget, since employees are
responsible for meeting the cost required to continue these benefits.
3.9 Approve renewal agreement with EyeMed Vision Care in conjunction with
Fidelity Security Life, for employee vision insurance benefits, effective January 1,
2008 through December 31,2009. (A2100.0 Agr-3909.C)
SUMMARY: The City has contracted with EyeMed to provide VISIOn insurance
coverage to City employees. EyeMed has presented a two-year renewal (January 2008
through December 2009) along with a more comprehensive benefit upgrade. There
will be an increase in premiums, however the increase will make the monthly rates and
benefit levels more competitive with the two other plans offered to City employees.
ACTION: Approved a two-year contract with EyeMed Vision Care in conjunction with
Fidelity Security Life for employee vision insurance coverage; and authorized the
Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: There is no additional fiscal impact to the current budget. The
annual amount paid to EyeMed through employee contributions is based on the number
of enrollees in the plan. Employees are responsible for meeting the cost required to
continue this benefit.
3.10 Approve contract renewal with Vision Service Plan (VSP) for all City of Orange
employees covered by group benefit programs effective January 1, 2008 through
December 31,2009. (A2100.0 Agr-4395.B)
SUMMARY: The City of Orange has contracted with Vision Service Plan (VSP) for
the last two years and has received excellent service for those employees who
participate in this vision program. VSP has given the City of Orange a renewal with a
4% increase and a rate guarantee for two years through December 31, 2009.
ACTION: Approved a two-year contract with Vision Service Plan (VSP) for employee
vision insurance coverage; and authorized the Mayor and City Clerk to execute on
behalf of the City.
FISCAL IMP ACT: There is no additional fiscal impact to the current budget. The total
annual amount paid to Vision Service Plan (VSP) for prepaid vision benefits is paid
through employee contributions. Employees are responsible for meeting the cost
required to continue this benefit.
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CITY COUNCIL MINUTES
December 11, 2007
3. CONSENT CALENDAR (Continued)
3.11 Agreement with Audio-Video Integrated Digital Design (A-VIDD) for Police
Emergency Operations Center (EOC) enhancement project. (A2100.0 Agr-5190)
SUMMARY: The Anaheim Urban Area UASI has authorized a reimbursement grant
award to the City of Orange for technology upgrades to the City of Orange EOC in the
amount of $20,000. The grant funding was awarded with the stipulation that the City
of Orange provide funds in the amount of $30,000 to complete the EOC Enhancement
project. The additional $30,000 will be used to complete the enhancement project for
the purchase of computers, LCD projector, screens, LCD televisions, controller
equipment, and installation services.
ACTION: Approved the agreement with A-VIDD in the amount of $48,046.52 for the
EOC enhancement project.
FISCAL IMP ACT: Funds are available as follows:
100-4081-471301-2319 Homeland Security-Equipment
790-1601-481303-9640 MIS Upgrades
$20,000
$30,000
3.12 Mills Act Contract No. MAC-162.0-07 (Historic Property Preservation
Agreements) (A2100.0 Agr-5191)
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 $82,260. Owner - Jo Del Creations
Inc., location: 704 E. Maple Avenue.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC-162.0-07),
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 $499 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.
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CITY COUNCIL MINUTES
December 11,2007
3. CONSENT CALENDAR (Continued)
3.13 Mills Act Contract No. MAC-163.0-07 (Historic Property Preservation
Agreements) (A2100.0 Agr-5192)
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 $60,540. Owner - Jordan Hamilton,
location: 329 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-163.0-07),
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 $346 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-164.0-07 (Historic Property Preservation
Agreements) (A2100.0 Agr-5193)
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 $50,425. Owner - Robert and Diane
Von Gerichten, location: 339 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-164.0-07),
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 $303
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.
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CITY COUNCIL MINUTES
December 11, 2007
3. CONSENT CALENDAR (Continued)
3.15 Mills Act Contract No. MAC-165.0-07 (Historic Property Preservation
Agreements) (A2100.0 Agr-5194)
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 $67,115. Owner - Jeff and Amy
Mayfield, location: 343 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-165.0-07),
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 $452
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-166.0-07 (Historic Property Preservation
Agreements) (A2100.0 Agr-5195)
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 $42,180. Owner - Kenneth Katz and
Heather Stoltzfus, location: 626 W. Culver Avenue.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC-166.0-07),
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 $162 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.
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CITY COUNCIL MINUTES
December 11,2007
3. CONSENT CALENDAR (Continued)
3.17 Mills Act Contract No. MAC-167.0-07 (Historic Property Preservation
Agreements) (A2100.0 Agr-5196)
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 $330,310. Owner - Robert and Kristi
Colburn, location: 205 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-167.0-07),
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 $64 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-168.0-07 (Historic Property Preservation
Agreements) (A2100.0 Agr-5197)
SUMMARY: A proposal to approve a Mills Act Contract for a historic, single-family
residence located outside of the Old Towne Orange Historic District. The property is
undergoing listing as a local "landmark rated" as well as individual listing on both the
California Register and the National Register of Historic Places. Estimated costs
associated with the repair, rehabilitation and maintenance performed by the owner for
the (minimum 10 year) term of this contract total $61,025. Owner - John and Michelle
Murphy, location: 1312 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-168.0-07),
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 $211
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.
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CITY COUNCIL MINUTES
December 11,2007
3. CONSENT CALENDAR (Continued)
3.19 Mills Act Contract No. MAC-169.0-07 (Historic Property Preservation
Agreements) (A2100.0 Agr-5198)
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 $64,450. Owner - Thomas and
Nancy Loughrey, location: 259 N. Orange Street.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC-169.0-07),
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 $205
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 Mills Act Contract No. MAC-170.0-07 (Historic Property Preservation
Agreements) (A2100.0 Agr-5199)
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 $54,050. Owner - Ronald and Sandra
La Velle, location: 245 S. Olive Street.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC-170.0-07),
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 $205
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.
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CITY COUNCIL MINUTES
December 11, 2007
3. CONSENT CALENDAR (Continued)
3.21 Mills Act Contract No. MAC-171.0-07 (Historic Property Preservation
Agreements) (A2100.0 Agr-5200)
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 $147,575. Owner - David and Jenny
Law, location: 585 E. Culver Avenue.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC-171.0-07),
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 $161 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.
3.22 Mills Act Contract No. MAC-172.0-07 (Historic Property Preservation
Agreements) (A2100.0 Agr-5201)
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 $91,280. Owner - Perry and
Kathleen Rodriguez, location: 623 E. Palm Avenue.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC-172.0-07),
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 $469 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.
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CITY COUNCIL MINUTES
December 11, 2007
3. CONSENT CALENDAR (Continued)
3.23 Mills Act Contract No. MAC-173.0-07 (Historic Property Preservation
Agreements) (A2100.0 Agr-5202)
SUMMARY: A proposal to approve a Mills Act Contract on a seven-unit historic
apartment building located in a commercial zone 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 $176,185. Owner - Parcies Investments Inc., location: 173 S. Lemon Street.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner (Application No. MAC-173.0-07),
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 $628
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.
APPROPRIATIONS
3.24 Purchase of a server to host the VisionFBR (Field Based Reporting) software from
VisionAIR. (C2500.K)
SUMMARY: VisionFBR is a browser-base paperless solution designed to allow
officers to enter reports, have t~em electronically approved, and be automatically
uploaded into VisionRMS, eliminating manual data entry. A server is needed to host
this software.
NOTE: Councilmember Murphy abstained from voting on this item, due to a potential
conflict of interest with his employment.
ACTION: Appropriated $8,200 to Account 355-4011-471301 (Federal Asset
Forfeiture-Administration-Equipment) for the purchase of a Dell PowerEdge 2950
server to host the FBR software.
FISCAL IMP ACT: Unreserved fund balance is available in the Federal Asset
Forfeiture account to fund this appropriation. After appropriation, funds in the amount
of $8,200 will be available in Account 355-4011-471301 (Federal Asset Forfeiture-
Administration-Equipment) for the purchase.
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CITY COUNCIL MINUTES
December 11, 2007
3. CONSENT CALENDAR (Continued)
3.25 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. Jennifer Perry
b. Mark Sandell
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
3.26 Phase II of the replacement of the current Police Facility CCTV system to
upgrade from analog tape to digital hard drive storage arrangement. (A2100.0
Agr-5025.A)
SUMMARY: Phase I of this project was completed in FY 06-07, replacing the
majority of cameras from black and white to color and the analog recorder to a digital
one. Phase II expands the hard drive units, reconfigures the existing rack to accept the
hard drive expansion units, and adds more cameras.
ACTION: Approved the contract with RD Systems, Inc. for Police Facility CCTV
upgrade/expansion in an amount not to exceed $99,978.67.
FISCAL IMP ACT: Funds are available in the following account:
355-4011-481302-2109 Federal Asset Seizure-CIP Equipment Replacement-CCTV
PURCHASES
3.27 Purchase of 47 Portable Radios on a sole source basis. (C2500.H)
SUMMARY: Award of Contract - Motorola Astro Fire 800 MHz Portable Radios.
Expenditure in FY 07/08 of a three year CIP funding program to replace mobile
communications equipment.
NOTE: Mayor pro tern Dumitru abstained from voting on this issue due to a potential
conflict of interest with his employment.
ACTION: 1) Awarded a contract in the amount of $87,814.10 to purchase 47
ASTRO Digital XTS 5000 Model III Portable radios and supporting hardware; and 2)
Authorized an appropriation of $29,130 from the unreserved fund balance to the 800
MHz Fund 575-3021-481302-2525.
FISCAL IMP ACT: Upon appropriation, funds will be available in the following
account: 575-3021-481302-2525 800 MHz Fund $87,814.10
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CITY COUNCIL MINUTES
December 11, 2007
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
(REMOVED AND HEARD SEP ARA TEL Y)
3.28 RESOLUTION NO. 10243 (C2500.J.1.0.1)
TAPE 755
A Resolution of the City Council of the City of Orange Amending the Master Schedule
of Fees and Charges for Various Services and the Rental of Rooms and Equipment.
Discussion -
Finance Director Rich Jacobs gave a staff report stating that the proposed fees are based
on the cost to provide services; that some of the fees were being raised while others
were being lowered; and that ten of the proposed fees are new fees identified by the
consultant who performed the fee update review.
Speakers -
Ray Grangoff, Orange County Apartment Owners Association, opposed the fire
inspection fee adjustment for apartment buildings.
Bryan Starr, Building Industry Association, requested certain development and
construction fees be considered separately.
Tom Loughrey, OTPA, opposed the increase of the Mills Act application fee.
City staff responded to the speaker's issues:
. The Mills Act fee includes the time and involvement of the Sr. Planner with the
applicant to qualify for the special financing and bring the agreement before Council.
The fee is proposed at $l,OOO-the analysis showed the actual cost to be $1,036.
. The fire inspection fee is an un-funded mandate of the State carried out by
firefighters on a scheduled basis throughout the year. Inspection fees for three and
four-plexes will actually go down; inspection fees for larger apartment complexes will
increase, with a cap of$750. Of the approximate 900 apartment complexes in Orange,
700 are three and four-plexes.
. The development and construction fees are being updated to reflect the newly
adopted Uniform Building Code (UBC), effective January 1, 2008. It was explained
that many of the fees are deposit-oriented and that the building categories are changing
to less restrictive, more performance-driven types, and that the last update occurred in
1999. The proposed fees are an attempt to recover actual costs.
The Mayor clarified with staff that in order for the building fees to coincide with the
UBC, the fees in the Building Valuation Table needed to be adopted before the end of
the year.
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CITY COUNCIL MINUTES
December 11, 2007
3. CONSENT CALENDAR (Continued)
Finance Director Rich Jacobs responded to Mayor pro tern Dumitru's question
regarding the raising of the fees for the Paramedic Prescription program; noting that the
program is voluntary.
Fire Chief Bart Lewis added that the apartment inspection fee is being raised to line up
with the rates countywide. In addition, he answered questions from Council with
regard to the fire inspection fee:
. The Fire Authority and several cities in the county charge inspection fees based on
number of units per complex or square footage of units.
. Inspections are performed by firefighters while on duty.
. The fee recoups the City's cost for the State mandated service.
. The fee is relatively new and was first established in the early 2000s.
. The inspection fee covers the time to set up appointments as well as the actual
inspection.
Councilmember Murphy offered that a sliding scale or similar type of system be
established for the apartment inspection fee. He noted that based on the proposed fees,
approximately 70% of the apartment owners fees would be going down.
Councilmember Smith stated that the Mills Act applicants receive a tax break over the
ten-year period of the agreement. She added that there are many Old Towne residents
interested in this program; that the fee is fair; and that the range of service fees being
charged reflects the City's equitable treatment of all areas in the City.
Mayor pro tern Dumitru stated that he wanted to continue the fees discussion to allow
further meetings with the Building Industry Association and the Apartment Association
of Orange County; and would like more information and a briefing from staff on other
fees in the schedule as well.
Councilmember Smith stated she was in favor of the fee schedule and that the fire
inspections were a vital part of maintaining public safety, noting that approximately
70% of apartment owners would benefit from lower fees.
Councilmember Murphy clarified that fees would stay as is until a new Schedule is
adopted.
MOTION - Smith
SECOND - Bilodeau
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to approve Resolution No. 10243, approving only the Building Valuation Table;
and continue the remainder of the Fee Schedule to the meeting of January 22,2008.
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CITY COUNCIL MINUTES
December 11,2007
3. CONSENT CALENDAR (Continued)
3.29 RESOLUTION NO. 10245 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2007-04 adjusting lot lines of certain real property situated at 2375 N. Tustin Street
in the City of Orange, County of Orange, State of California.
ACTION: Approved.
MOTION - Smith
SECOND - Bilodeau
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Item 3.28 was removed and heard separately. Councilmember Murphy abstained on
Items 3.2 and 3.24. Mayor pro tern Dumitru abstained on Item 3.27. All other items
on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR CA VECCHE
4.1 Consideration of appointment to Orange County Vector Control District Board.
(OR1800.0.3.20)
MOTION - Cavecche
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to appoint Councilmember Bilodeau as the City's representative to the Orange County
Vector Control District Board, for a two-year term. Council thanked Mr. Michael Merino for
his service to the City as the current representative.
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Smith - Report on Map to Shopping, Dining, Services and Public
Parking Destinations in Old Towne Orange.
Councilmember Smith reported that one of the outcomes of a collaboration with the Old
Towne merchants is a map to inform area visitors of parking, shopping, restaurants, antique
stores, etc. in the Old Towne area. She thanked the Economic Development Department for
producing the publication.
Mayor Cavecche requested that the map be posted at the Metrolink/Transportation Center.
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CITY COUNCIL MINUTES
December 11, 2007
5. REPORTS FROM COUNCILMEMBERS (Continued)
5.2 Councilmember Murphy - Request approval of Resolution No. 10246.
(T2200.1.5)
Councilmember Murphy reported that this toll road alignment provided a valuable solution to
the transportation needs it will serve; and that it will actually improve the environment by
providing a water runoff plan, which is currently non-existent on the SR-5; as well as provide
a much needed second evacuation route for the residents in the South Orange County area.
RESOLUTION NO. 10246
A Resolution of the City Council of the City of Orange in support of the completion of the 241
Toll Road with the "Green" Alignment.
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to adopt Resolution No. 10246.
Off A2enda Items
Mayor pro tern Dumitru - requested a status report on the RFP process for a construction and
demolition vendor. It was determined that this would be an agenda item at a January 2008
council meeting.
Councilmember Bilodeau - requested a report from staff on a plan in the event that the
Orange Park Acres Water District shareholders reject the Irvine Ranch Water District proposal
for water and sewer service.
Councilmember Bilodeau - stated he will be obtaining information and feedback from the
Orange Park Acres community on whether to agendize a discussion on a possible annexation
of Orange Park Acres.
Mayor pro tern Dumitru - requested a report on the Golden State Water District.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
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CITY COUNCIL MINUTES
December 11, 2007
7. ADMINISTRATIVE REPORTS
7.1 Report on Depot-Plaza Pedestrian Connection Study (C2500.G.2.0)
SUMMARY: The Depot-Plaza Pedestrian Connection Study is a feasibility study that
identifies opportunities and design concepts for improving pedestrian connections between the
Santa Fe Depot/Metrolink Station and the Plaza. The study focuses on Maple Avenue, Almond
Avenue, the South Alley, and the North Alley, and recommends improvements for each study
corridor. The study was funded by the Orange County Transportation Authority's (OCTA) Go
Local Grant Program and is intended to identify ways of improving community access to
transportation options, ultimately increasing Metrolink ridership.
Discussion - Senior Planner Jennifer Le gave the staff report, noting that Chapman Avenue
was not a part of this study, but would be a part of the Depot study in the Spring of2008.
Councilmember Smith commented on the wonderful idea to get people circulating between the
Plaza and the transportation sites; but cautioned that although the project has great potential, it
should not be overdone and should stay true to the original theme of the Old Towne area. She
confirmed with staff that the historical planner participated in some of the initial meetings and
will be more involved when more details are discussed. She stated that the entryways and exits
must not be overdone and that the original look of the area included concrete walkways, simple
lighting and low impact signage. She stated that the current 25- foot street lighting was not an
original feature in the neighborhood, and that they take away from the 14- foot acorn light
standards that are original. She noted that the Design Review Committee had potential
conflicts of interest with the project that required the Planning Commission to be the reviewing
body. She also stated her support for under-grounding the utilities in this area.
Mayor Cavecche stated that the Chapman A venue study be performed soon to submit both
projects to the Orange County Transportation Authority for Step 2 Go Local grant funding.
She noted that the funding deadlines have been extended.
Tom Loughrey, Old Towne Preservation Association, commended the City for the open
process and stated that OTP A had provided input. He requested that the planners and
consultants preserve the historic Plaza's rich character and its own unique original look.
Mayor Cavecche stated that because the grant funding deadlines have been extended she
wanted to take more time to examine the proposal and consider the Planning Commission's
concerns.
MOTION - Cavecche
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to continue to no date certain.
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CITY COUNCIL MINUTES
December 11, 2007
7. ADMINISTRATIVE REPORTS (Continued)
7.2 Annual Report of the Orange Redevelopment Agency for FY 2006-2007, and
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 2006-2007 and includes a Comprehensive Annual Financial Report relating to the
Agency's finances.
RESOLUTION NO. 10244
A Resolution of the City Council of the City of Orange Approving the Annual Report of the
Orange Redevelopment Agency for Fiscal Year 2006-2007 and Authorizing and Directing Its
Transmittal to the Controller of the State of California.
MOTION - Cavecche
SECOND - Murphy
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved to approve Resolution No. 10244.
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 9-07 (SECOND READING) (A2500.0 Plaza Banners)
An Ordinance of the City Council of the City of Orange amending Chapters 5.63.020 and
5.63.060 of the Orange Municipal Code relating to changes in procedures for the display of
Plaza banners.
MOTION - Cavecche
SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 9-07 be read by title only and same was approved and adopted by
the preceding vote.
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CITY COUNCIL MINUTES
December 11, 2007
9. LEGAL AFFAIRS (Continued)
9.2 ORDINANCE NO. 19-07 (SECOND READING) (U1100.0 Resource Center)
An Ordinance of the City Council of the City of Orange Adding a New Chapter 9.37
Regulating Solicitation.
Speakers -
Edgar Rivera, address on file, spoke in support of strict enforcement.
MOTION - Cavecche
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 19-07 be read by title only and same was approved and adopted by
the preceding vote.
9.3 ORDINANCE NO. 20-07 (FIRST READING) (A2500.0 Fees)
An Ordinance of the City Council of the City of Orange Amending and Revising Various
Sections of the Orange Municipal Code Related to Fees and Charges.
Discussion - City Attorney David DeBerry commented that this ordinance provides an
authority for establishing fees.
MOTION - Murphy
SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 20-07 be read by title only and same was set for second reading by
the preceding vote.
9.4 ORDINANCE NO. 25-07 (SECOND READING) (A2500.0 Fire Code Language)
An Ordinance of the City Council of the City of Orange Amending Title 8 of the Orange
Municipal Code.
MOTION - Cavecche
SECOND - Dumitru
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Moved that Ordinance No. 25-07 be read by title only and same was approved and adopted by
the preceding vote.
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CITY COUNCIL MINUTES
December 11, 2007
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY
11. RECESS TO THE MEETING OF THE INDUSTRIAL DEVELOPMENT
AUTHORITY
12. RECESS TO CLOSED SESSION
The City Council recessed at 7:05 p.m. 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.
b. Conference with legal counsel pursuant to Government Code Section 54956.9 - existing
litigation.
1) GVD v. City of Orange
Orange County Superior Court Case No. 07CC08300
2) Cosby v. City of Orange
Orange County Superior Court Case No. 07CC02242
13. ADJOURNMENT - The City Council adjourned at 7:20 p.m.
The December 25, 2007 Council meeting was cancelled.
The next Regular Council Meeting is scheduled for January 8, 2008.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City' Council agenda of a
regular meeting of December 11, 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
~?mmencement of said regular meeting.
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