HomeMy WebLinkAbout12_11_2007 - Council MinutesAPPROVED 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.Page 1
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
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
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
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
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 forthe (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
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
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
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 ofthis 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
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
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
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:
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
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.Page 14
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 and3.24. Mayor pro tern Dumitru abstained on Item 3.27. Allother 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.Page 15
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 obtaininginformation 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 Page 16
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 foreachstudycorridor. 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 thereviewingbody. 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 Localgrantfunding.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.Page
17
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.Page 18
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.Page 19
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.Page 20