HomeMy WebLinkAbout3_27_2007 - Council MinutesAPPROVED BY THE COUNCIL ON APRIL 10,2007
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 27, 2007
The City Council of the City of Orange, California convened on March 27, 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 Reverend Nina Merkle, First Christian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Jon Dumitru
1.3 ROLL CALL
PRESENT -ABSENT -
Smith, Murphy,
Cavecche, Dumitru, Bilodeau None 1.
4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Renewed Measure
M: Update and Next Steps - Orange County Transportation Authority (OCTA) Director
and 3rd District Supervisor, Bill Campbell.Mothers Against Drunk
Driving (M.A.D.D.) presentation of Annual Deuce Awards to Police Officers who
have arrested a significant number of drunk drivers: Officer Augie Rocha, Officer Kirk
Salmon and Officer Damon Allen; and recognition to Century Award recipients: Officer Trevor
Cullen, Officer Jennifer Amat and Officer Armando Plascencia.Presentation of Resolution
to Detective Steve Booze on his retirement.Presentation of Employee
Service Awards.2. PUBLIC COMMENTS -
Cathy Seelig, Friendly Center,
spoke on Friendly Center programs.Rae Shirer, Orange Sunrise
Rotary, spoke on the Orange Plaza Classic Car Show on April 22nd and Rotary
programs.Heather Lykins, Chapman University,
spoke on Chapman University's Community Appreciation Day on April
28th.Palre 1
CITY COUNCIL MINUTES March 27, 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 March 1 and 8, 2007.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of March 13, 2007
and Adjourned Regular Meeting of March 20, 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 February 28, 2007.
ACTION:Approved.
AGREEMENTS
3.5 Amendment No.4 to Agreement No. CP-0130 (AGR-4019) Taft
Avenue and Glassell Street Storm Drain Improvements (D-146) between the
City of Orange and the Orange County Sanitation District under
the Cooperative Projects Program. (A2100.
0 Agr-4019.4)SUMMARY: Amendment No.4 extends the term of
the agreement's overall completion from February 1, 2007 to August 1, 2007 in order to
allow the City to satisfY all terms and
conditions of the Agreement.ACTION: Approved Amendment NO.4 to the agreement between
the City of Orange and the Orange County Sanitation District for the Taft
Avenue and Glassell Street Storm Drain Improvement Project and authorized the Mayor and
City Clerk to execute the Amendment on
behalf of the City.FISCAL IMPACT: No fiscal impact. Funds have been
previously
appropriated for
CITY COUNCIL MINUTES March 27, 2007
3. CONSENT CALENDAR (Continued)
3.6 Award of Professional Services Agreement to Jubany-NAC Architecture
to conduct the Site Utilization Study on the building located at 145 S. Water
Street.A2100.0
Agr-5046)SUMMARY: This agreement authorizes the consultant to evaluate and prepare
the Site Utilization Study on the existing building. The scope of work includes
evaluating the existing building conditions, preparing a Space Study with conceptual
plans, parking and traffic circulation assessment, security fencing plan, and studying the
impacts of this proposed project on the current Water
Plant Headquarters.ACTION: Approved the Agreement with Jubany-NAC Architecture
and authorized the Mayor and the City Clerk to execute the Agreement on behalf
of the City.FISCAL IMPACT: Funds are budgeted and are available to cover the
cost of the
agreement as follows:601-8041-481102-8935 Water
Plant Warehouse Replacement $33,353.00
REMOVED AND HEARD SEPARATELY) TAPE 1250 3.7 Agreements with the County of Orange for
an Easement Deed and Maintenance at Irvine Regional Park and Peters Canyon
Regional Park. (A2100.0 Agr-5049; 5050)SUMMARY: The County of
Orange has prepared and executed Easement and Maintenance Agreements for City of Orange
Storm Drain Facilities in Irvine and Peters Canyon Regional Parks. The facilities are to
be constructed by The Irvine Company as part of the East Orange area development.
Upon completion of construction the City of Orange will be responsible
for operation and maintenance of the
facilities.The following people spoke in opposition:Sherry
Meddick - submitted comments for the record Anthony Richards - submitted photo
and comments
for the
record Theresa
Sears Marni
Magda Dave
Chittendon Ann
DeVaney David
Sonneborn Laura
Thomas Carolyn
Aliotta Robert
Siebert Scott
Breeden Carolyn Noble Jack Eicht Toni Encheff - submitted
comments for
the record
Ed Amador
Mark Sandford
CITY COUNCIL MINUTES March 27, 2007
3. CONSENT CALENDAR (Continued)
City Attorney, David DeBerry, stated that the item before the Council was to consider
the granting of an easement over an access road to operate and maintain the storm drain
facility. He stated that the design and impacts of the facility are not before the Council,
and that for the most part the Environmental Impact Report (EIR) on the East Orange
project had addressed issues raised by the public speakers with regard to the facility's
design, biological, water quality, and storm water impacts. He reiterated that the access
easement was the only issue to take action on.
Mr. DeBerry addressed concerns raised by the speakers:
Whether the granting of the easement is subject to the Public Park Preservation Act,
and whether it constitutes an abandonment of park property was the County's call
because the County owns it.
However, Mr. DeBerry noted that when the City Council approved the Runoff
Management Plan (ROMP) by Resolution No. 10020, it made a finding that the storm
drain facility and the acquisition of the access easements were consistent with the
Preservation Act.
Mr. DeBerry noted that the storm drain facility would not replace parkland with non-
park uses, but rather because the area in the park in which the storm drain facility is
sited was a part of the park which is a flood plain and retarding basin, that it simply
replaces current park uses with similar park uses. He added that this finding was never
challenged and the time to challenge the finding has passed.
Whether or not the County got fair compensation is not an issue before the Council. He
noted that the Council found in Resolution No. 10020 that The Irvine Company agreed
to donate three separate lots, directly adjoining the park and to preserve the lots as
natural open space. He added that the City Council specifically found that this
compensated for and replaced any parkland necessary for the ROMP easements.
The nature of the facilities and the impacts on Irvine Regional Park were discussed
thoroughly in the Supplemental EIR/EIR and the ROMP which were prepared for the
East Orange project and Santiago Hills II, including dry water runoff, storm water
runoff, water quality and biological impacts. No objections were made to this storm
drain facility. The facility is part of the ROMP which was endorsed by the Orange
County Coast Keepers-a non-profit watch group dedicated to
protecting marine habitats and wetlands from pollution. It was noted in the EIR that the
project design features in the drainage plan of the ROMP will reduce sheet flow of
water through Irvine Park, because it is designed to reduce the amount of water runoff
into the improved areas of the park by depositing it north of the park into Irvine Lake
and on the south end of the park into the storm drain facility/retarding basin. Under
the current conditions, sheet flows sometimes cause damage to the improved areas of the
park and this facility is designed to actually reduce
the damage.
CITY COUNCIL MINUTES March 27,2007
3. CONSENT CALENDAR (Continued)
Various aspects of the ROMP were challenged in a case brought against the City and
The Irvine Company by the Sierra Club, including a contention that the ROMP was
inconsistent with various applicable general and regional water quality plans. No
specific challenge was brought against this storm drain facility. The court found in
favor of the City and The Irvine Company, stating that the water quality analysis
complies with CEQA, the SEIR/EIR complied with the requirement to discuss any
inconsistencies between the proposed project and applicable General Plan or required
plans as they relate to water quality. The City Attorney further noted that the SEIR/EIR
discussed project compliance with Orange County Drainage Area Management Plan,
with the City's local implementation plan, the Santa Ana Basin Plan and the public
storm drain permit known as MS4 Permit.
Questions about the inadequacy of the ROMP and whether it was properly circulated
were raised in prior public hearings and in the legal action. The EIR approved and
certified the ROMP, which included the storm drain facility. The contention of
inadequate circulation of the EIR was raised by the Sierra Club in its lawsuit and the
court found that the allegation was unmeritorious and that the City exceeded the
circulation requirements under CEQA.
Mayor Cavecche asked about the maintenance costs and why the City is responsible for
the maintenance ofthe facility.
City Manager, John Sibley stated the City will need to augment the maintenance budget
at some point in future years, similar to other City facilities, adding that the facility will
serve the residents ofthe Santiago Hills II and new project areas of the development.
Councilmember Smith asked about the concern for health and safety. She questioned
the danger to park-goers in the event of a huge storm; who monitors the water flow
and determines whether or not people and animals need to leave-asking
who is responsible for making that call and keeping
them out.Public Works Director, Gail Farber stated that the Public Works
Department performs pre-storm and storm inspections and that Irvine Regional
Park practices these
inspections as well.Orange County Resources & Development Management
Department Director, Bryan Speegle, stated that the County has spent years on the ROMP's plan for
the storm drain outlets and that the County was involved in the design of this facility and is
one of the responsible agencies in the EIR. He added that the facility is located at
the Villa Park Dam Reservoir which is for flood control purposes and the storage
area for Santiago Creek. He reiterated the principle use of the property has always
been the reservoir.He indicated that the danger to the public is inherent when the area
fills with
CITY COUNCIL MINUTES March 27,2007
3. CONSENT CALENDAR (Continued)
whether or not this facility is built. He stated that the County Flood Control District
operates the dam and they are responsible for ensuring the safety of the public, as well
as the County Harbors, Beaches and Parks. He reiterated that this area is not Old Irvine
Park, but is the Villa Park Reservoir and its purpose is to store water.
Mr. Speegle addressed further questions from the Council stating that there is a small
amount of fencing at the top of the outlet structure, but otherwise is not necessary; the
stilling pond is designed with a gradual decline and fills with silt; and the rangers shut
down the park when there is a danger present. He further stated he was not aware of
any trees in this area that would be affected.
Public Works Department Engineering Manager, Roger Hohnbaum, responding to
questions from Council, stated that the improvements will help correct problems on
Jamboree Road; being able to access the Peters Canyon Park area to clean out channels
will alleviate flooding; large developments pick up drainage from dedicated roadways
and rights-of-way using the facilities-when these public
improvements are accepted by the City, acceptance of the maintenance goes with it; the facility is not
a sewer, and that the water generated by the outlets is treated through the
large treatment areas,which includes a secondary settling basin, and discharged as storm
water runoff; the settling basins are in the development, not in the park; and the
roadway material will remain earth, using native materials that will
visually blend in.Mr. Brian Austin, Irvine Company Representative, speaking
to landscaping plans,stated that any concrete or rip rap required will be stained to a
natural color and Eldeberries will be planted to screen the facility from the homes above it
and the trail.Councilmember Smith stated that this issue is all about balance and having
to look at what is good for the entire community. These agreements are
being offered because the East Orange development has already been decided. She added
that there will never be homes built in this flood inundation area, there will be
more plantings, the trails are retained and the water quality will improve. She noted that
the Council will hold The Irvine Company to build everything to the exact
specifications as approved.Mayor pro tern Dumitru noted that the water is being directed into
a geographical area
designed for it.Councilmember Murphy stated that the issue before the Council is
strictly approval of the agreements, and that this will improve the quality of the water and
better manage it than
the current
CITY COUNCIL MINUTES March 27,2007
3. CONSENT CALENDAR (Continued)
MOTION - Cavecche SECOND -
Murphy AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau ACTION:Moved to
1)
Find that the proposed Agreements with the County of Orange for an easement deed and
maintenance agreement at Irvine Regional park and Peters Canyon Regional Park have
been covered in the Santiago Hills II / East Orange Planned Community Supplemental EIR
1278 / EIR 1716 previously certified by the City of Orange on November
8, 2005;2) Approved Easement
Deed and Maintenance Agreement for the storm drain and stilling basin within
Irvine Regional Park and authorized Mayor and City Clerk to execute on behalf
of the City of Orange; and 3) Approved Easement
Deed and Maintenance Agreement for the storm drain and outlet structure within
Peters Canyon Regional Park and authorized Mayor and City Clerk to execute
on behalf of the City of Orange.FISCAL IMP ACT:
Construction of facilities are at no cost to the City and are borne by The Irvine Company
as a condition of development of the East Orange area project.Funding for maintenance
of facilities is to be accommodated by existing maintenance funding.BIDS 3.
8
Project
No. SP 3596: Approval of plans and specifications and request authorization to advertise
for bids for fuel system upgrades at the Water Yard,installation of new
above ground storage tanks at Fire Stations No. 7 and Police Sub-station, and
removal of outdated tanks at the Police Headquarters and Fire Station No.
5. (C2500.M)SUMMARY: Plans
and specifications have been completed for fuel system upgrades at the
Water Yard, installation of new above ground storage tanks at Fire Stations No.7 and Police
Sub-station, and removal of outdated tanks at the Police Headquarters and Fire
Station No.5. The project is ready to be advertised for bids. The estimated construction
cost is $500,000 including contingencies and administration.ACTION:
Approved plans and specifications and authorized advertising for bids for fuel
system upgrades at the Water Yard, installation of new above ground storage tanks at
Fire Station NO.7 and Police Sub-station, and removal of outdated tanks at the Police
Headquarters and Fire Station No.5.
FISCAL IMPACT: Funds are budgeted and available in the following accounts:
720-5011-481105-9855 (Fuel Stations Renovations) $
170,874.93 720-5023-484400-9855 (
Fuel Stations
CITY COUNCIL MINUTES March 27, 2007
3. CONSENT CALENDAR (Continued)
3.9 Bid 067-41; Project No. W-640; Security Fence Replacement for the
Water Plant.Approval of plans aud specifications and request authorization to
advertise for bids. (
C2500.P)SUMMARY: Plans and specifications have been completed for the
Security Fence Replacement for the Water Plant. The plans call for the existing block wall
to be replaced and additional landscaping. Plans and specifications have been
completed and the project is ready to be advertised
for bids.ACTION: Approved plans and specifications and authorize advertising for
bids for Security Fence Replacement for the
Water Plant.FISCAL IMPACT: Funds are budgeted and are available to cover the cost
of the contract
as follows:601- 8011-481200-8101 Water Utility Security
Improvements $100,000.00 3.10 Bid 067-40; Exterior Recoating of Reservoirs 1, lA,
9A and 10. Approval of specifications and request for authorization to
advertise for bids. (C2500.P)SUMMARY: Specifications have been completed
for the Exterior Recoating of Reservoirs 1, lA, 9A and 10. The project is ready
to be advertised for bids.ACTION: 1) Transferred $244,000.00
from Account No. 601-8011-484501-8402 (Via Escola
Pipeline) to Account No. 601-8041-484400-8302 (Reservoir Recoating); and 2)
Approved the Specifications
and authorize advertising of bids for the Exterior Recoating of Reservoirs.FISCAL IMPACT: After transfer,
funds
are available to cover the cost
of the project as follows:601-8041-484400-8302 Reservoir Recoating $632,975.00
Once the bids are opened and actual bids are known, staff will make recommendations
on the
award based on available funding
including request for fund transfer from other unbudgeted funds.3.11 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. Joan
Hough ACTION:
CITY COUNCIL MINUTES March 27, 2007
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.12 Award of Contract - Bid No. 067-28; Fire Stations No.3 and No.5 Interior
Painting (SP-3587). (A2100.0
Agr-5047)SUMMARY: Bids for Fire Stations Interior Painting were received and
opened on February 22, 2007. Eight bidders responded to the Notice Inviting Bids.
The apparent low bidder is D&M Painting, Inc. of Orange, CA for $19,985.00. The
Engineer's Estimate is $
42,000.ACTION: Awarded a contract in the amount of $19,985.00 to D&M
Painting, Inc.,Orange, CA and authorized the Mayor and City Clerk to execute on behalf of
the City.FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program
and are available in the
following account:725-5028-481200-9833 Fire
Stations Interior Paint $42,000 3.13 Final acceptance of Bid No. 067-13,
Electrical and Lighting Upgrades to Hart Park Softball Fields and authorization to
file Notice of Completion. (No
Staff Report Required) (A2100.0 Agr-4970)SUMMARY: Bid 067-13,
Electrical and Lighting Upgrades to Hart Park Softball Fields for City of Orange.
The Contractor who performed said
public work and improvements was Ace Electric, Inc.ACTION:
Accepted public work improvement, authorized release of Travelers Casualty and Surety Company of
America, Bond No. 104749062 in the amount of 629,500, and authorized the Mayor
and
City Clerk to
execute the
Notice of Completion.FISCAL IMPACT: None.PARCEL MAP 3.14 Parcel Map No. 2004-153 - St.
Joseph Cancer Treatment Center. (C2500.M.16.2)SUMMARY: Parcel Map No.
2004-153 creates two parcels to accommodate the St.Joseph Cancer Treatment Center,
a medical office building and a five deck elevated parking structure. Both parcels
shall have access to
La Veta Avenue consistent with the approved site plan.
NOTE: Councilmember Bilodeau recorded an Abstention on this item.ACTION: Approved the
Final Parcel Map No. 2004-153 and accepted dedication for the right of access
to the private
driveway as
CITY COUNCIL MINUTES March 27,2007
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.15 RESOLUTION NO. 10173 (A2100.0 Agr-4187.
1)A Resolution of the City Council of the City of Orange Approving an Amendment
to the Joint Powers Agreement (JP A) for the Integrated Law and Justice Agency
for Orange
County.ACTION: 1) Adopted Resolution No. 10173; and 2) Authorized the City Manager
and Police Chief to execute any related documents consistent with the implementation
of the JPA and grant continuing authority to the City Manager to execute
anticipated amendments to the JP A as recommended by the Chief of Police and approved by
the City Attorney and determined to be non-substantive
in nature.3.16 RESOLUTION NO. 10175 (C2500.M.
16.1)A Resolution of the City Council of the City of Orange approving Lot
Line Adjustment LL 2007-01 adjusting lot lines of certain real property situated at 2348,
2326, 2330 and 2334 N. Rockridge Circle in the City of Orange, County of Orange,
State of California.Owners: Kenneth R. Thurm and Clementina E.
Peterson-Thurm,
et al.ACTION: Approved.3.17 RESOLUTION NO. 10176 (
C2500.M.16.1)A Resolution of the City Council of the City of Orange
approving Lot Line Adjustment LL 2007-02 adjusting lot lines of certain real property situated
at 2348, and 2338 N.Rockridge Circle in the City of Orange, County
of Orange, State of California.Owners: Kenneth R. Thurm and
Clementina E.
Peterson-Thurm, et al.ACTION: Approved 3.18 RESOLUTION
NO. 10177 (C2500.J.4.6)A Resolution of the City Council of the City
of Orange Relating to the Classification,Compensation, and Terms of
Employment of Executive Directors and Top Management Employees, and
Repealing
Resolution No. 10064 and Amendments Thereto.ACTION: Approved Resolution No. 10177
and authorized staff to make the appropriate
budget transfer
CITY COUNCIL MINUTES March 27, 2007
3. CONSENT CALENDAR (Continued)
TIME EXTENSION
3.19 Time Extension for Conditional Use Permit No. 2409-02; Variance No.
2124-02 and Minor Site Plan Review No. 223-02 for the construction of a
gas station and mini-mart with the sale of beer and wine located at
1935 E. Katella
Avenue.ZI500.0 ZCG-1228-04)SUMMARY: A request to extend the entitlements for
a proposed gas station and mini-market selling
wine and beer for one year.NOTE: Mayor pro tern Dumitru recorded
a No vote on this item.ACTION: Approved One-Year Time
Extension for Conditional Use Permit No. 2409-02, Variance No. 2124-
02 and Minor
Site Plan Review
No. 223-02.
FISCAL IMPACT: None.MOTION - Murphy SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Councilmember Bilodeau recorded an abstention vote on
Item 3.14; Mayor pro tern Dumitru recorded a No vote on Item 3.19; Item
3.7 was removed and heard separately. All other items on the
Consent Calendar were approved
as recommended.END OF CONSENT CALENDAR 4. REPORTS
FROM MAYOR CA VECCHE - None 5.
REPORTS FROM COUNCILMEMBERS - None Mayor pro tern Dumitru announced that AB 303, which will
hold people accountable for hurting and killing others while under the influence, had just passed out
of the Public Safety Committee and is now going to
the Assembly
CITY COUNCIL MINUTES March 27, 2007
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Community Video Advisory Board Annual Report for 2005 - presented by Pat Buttress,
Board President. (ORI800.0.28)MOTION -
Cavecche SECOND - Dumitru
AYES - Smith, Murphy,
Cavecche, Dumitru, Bilodeau Moved to receive and
file.7. ADMINISTRATIVE REPORTS 7.
1 Report from
Public Works Director - Award of Contract - Bid No. 067-27;Arterial Highway Rehabilitation Program (AHRP)
Project - Lincoln Avenue Rehabilitation Improvements (SP-3530). (A2100.0
Agr-5048)SUMMARY: Bids for Lincoln
Avenue Rehabilitation from Berkeley Street to Tustin Street were received and opened
on March 1, 2007. Five bidders responded to the Notice Inviting Bids. The apparent low
bidder is All American Asphalt of Corona, CA for $1,341,491.00.The low bid is
16% below the Engineer's Estimate of $1,600,000.MOTION - Murphy SECOND - Smith
AYES - Smith, Murphy,
Cavecche, Dumitru, Bilodeau
Moved to: 1) Award the contract in
the amount of $1,341,491.00 to All American Asphalt and authorize the Mayor and City Clerk
to execute on behalf of the City; and 2) Appropriate $150,000 from Account No.
550-5011-262900-3039 (State Grant Funds) to Account No. 550-5011-
483300-3039 (Lincoln Avenue Rehabilitation).FISCAL
IMPACT: Funds are budgeted and available in the following accounts:272-
5011-483300-3039 (Gas Tax Lincoln Ave: Glassell
to Berkeley)272-5011-483300-3059 (Gas Tax
Lincoln Ave: Orange-Olive to Palm)272-5011-
483300-3060 (Gas Tax Lincoln Ave: Palm to
Tustin)272-5011-483300-
3061 (Gas Tax Lincoln Ave: Glassell to
Orange-Olive)550-
5011-483300-3039 (State Grant Funds)550-
5011-483300-3039 (AHRP Lincoln Ave: Glassell
to Berkeley)550-5011-483300-3059 (County
Contribution)
550-5011-
483300-3059 (
AHRP Lincoln
Ave: Orange-
Olive to
Palm)550-
5011-483300-
3060 (AHRP
Lincoln Ave:
Palm to
Tustin)550-5011-
483300-3061 (
CITY COUNCIL MINUTES March 27, 2007
8. REPORTS FROM CITY MANAGER
8.1 Mid-Year Financial Report for the period of July 1, 2006 through December
31,2006. (C2500.E.
4)SUMMARY: Every year, a report to inform the City Council and the residents of Orange
of the status of the City's financial operations for the first half of the fiscal year is compiled
and presented to the City Council. This report provides an accounting of mid- year
financial operations both by department and by fund groups. In a separate Agenda
Item,recommendations are made for specific budget adjustments and appropriation increases for
the current fiscal
year.MOTION - Murphy
SECOND - Smith AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to
receive and file.8.2
2006-2007 Mid-Year Budget Adjustments. (C2500.E.4)
SUMMARY: This mid-year report recommends certain appropriation increases and
budget adjustments for the current fiscal year. Information available at the time the FY 07 budget
was being prepared did not suggest a need for these increased expenditures or budget revisions.
At this time, a complete accounting of the costs associated with the recent 241 Fire (
Windy Ridge) are not available. It may be necessary for staff to return to Council prior to the close
of the fiscal year for an additional adjustment to cover the unanticipated costs of the
fire.MOTION - Smith
SECOND - Bilodeau AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to:
1. Appropriate $
100,000 from the unreserved fund balance of the Equipment Expense Fund 710) to
710-5023-447200 (Fuel) and authorize Finance staff to adjust the applicable allocation
accounts;
2. Appropriate $216,705 from the unreserved fund balance of the Serrano Heights CFD 91-
2 594) as follows: $71,818 to 594-5017-485100-0099 (Barrera Park) and $
144,887 to 594-3011-481200-2681 (Fire Station 8). Authorize the transfer
of $510,648.24 from 594-5017-485100 (Serrano
Heights, CIP Projects) to 594-5017-485100-0099 (Barrera Park);3. Appropriate $1,000,000
from the unreserved fund balance of the Library Facility Fees
Fund (573) to 573-2001-481200-9901 (Main Library Expansion Project) and reverse 1,000,
000
from the General Fund appropriation for the Main Library Expansion Project, 500-2001-481200-
9901;4. Appropriate $834,300 from the unreserved fund
balance of
CITY COUNCIL MINUTES March 27,2007
8. REPORTS FROM CITY MANAGER (Continued)
5. Authorize the reversal of $1,260,000 in Police Department program savings from the salary
and benefit accounts of the Police Department budget;
6. Appropriate the following donations received by the Police Department: a) $330 from
100-4031-293900 (donation from the Orange Emblem Club) to 100-
4031-441600; b) $515 from 100-4021-293900 (donation from
Target Stores) to 100-4021-447500; and appropriate 4,200 in settlement
funds received by the Fire Department from
100-3012-244400-2538 AT&T Settlement) to 100-3012-429400-2538 (Local Training);7. Appropriate $
42,000 from the unreserved fund balance of the General Fund as
follows: a)
15,000 to 100-1401-426600 (Publicity & Advertising); and b) $27,000 to 100-1401-
410000 Salaries & Benefits);
8. Appropriate $10,000 from the unreserved fund balance of the Accrued Liability Fund to 760-
1413-432205 (Unemployment Claims);9. Appropriate $
3,100 from the unreserved fund balance of the Orange/Santa Ana TSIA Fund 286)
to 286-1231-426300 (
Accounting & Auditing Services);10. Appropriate $75,000 from the unreserved fund balance of
the General Fund to 100-5032-472101 (Motor Vehicle Addition);11. Authorize the
reclassification of the following positions: Personnel Analyst II to Senior Personnel Analyst;
GIS Coordinator to GIS Analyst; and Real Property Specialist to Finance Clerk (position
re-assignment). Appropriate $719 from the unreserved fund balance of the General
Fund to 100-1401-410000 (Salaries & Benefits) and $2,158 from the
unreserved fund balance of the Air Quality Management Fund to 245-1401-410000 (Salaries &
Benefits) to cover the reclassification of the Personnel Analyst in the current fiscal year;12. Authorize
the designation of one Senior
Planner to Senior
Planner - Historic Preservation;13. Authorize the merger of one 19-hour Librarian
I and one 20-hour
Librarian I positions into one full-time Librarian I position.9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 6-
07 (FIRST READING) (Continued from February 27, 2007)A2500.0 Ord-
06-07 Construction
Demolition)An Ordinance
of the City Council of the City
of Orange amending Chapter 8.28 of the Orange Municipal Code relating to Recycling of Self-Hauled Construction
and Demolition Waste.MOTION - Dumitru SECOND - Murphy AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that Ordinance No.
6-07 be read by title only and same was set for second reading
by the preceding vote; with the proposed change in language of Section 8.
26.
077.D
CITY COUNCIL MINUTES March 27, 2007
9. LEGAL AFFAIRS (Continued)
9.2 ORDINANCE NO. 8-07 (SECOND READING) (A2500.0 Campaign
Reform)An Ordinance of the City Council of the City of Orange amending Chapter 2.10 of the
Orange Municipal Code relating to Campaign
Reform.Mayor pro tern Dumitru and Councilmember Murphy stated that upon further review,
they were no longer in support of the section which imposes notification requirements on
late independent committee communications, as it could create an impingement upon free
speech.MOTION - Murphy
SECOND - Bilodeau AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that
Ordinance No. 8-07 be read by title only; that Section 2.10.110 which imposes notification
requirements on late independent committee communications be deleted from Ordinance
No. 8-07; and same was set for second reading by the preceding vote.
Mayor Cavecche stated she will support Ordinance No. 8-07, but noted she opposes the $
1000 contribution limit and a limit on how much a candidate can loan their own
committee.10. RECESS TO THE MEETING OF THE ORANGE
REDEVELOPMENT
AGENCY 11. RECESS TO CLOSED
SESSION The City Council recessed at 7:00 p.m. to a Closed Session for the following
purposes:a. Public Employee Performance Evaluation pursuant to Government Code Section
54957.Title: City
Manager b. Conference with Labor Negotiators pursuant to Government Code Section 54957.
5.Unrepresented employee: City
Manager City designated representatives: Steven Pham and David De
Berry c. 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.Palre
CITY COUNCIL MINUTES March 27, 2007
12. ADJOURNMENT -There
was no 7:00 p.m. Session scheduled.The
City Council adjourned at 7:30 p.m. to an Adjourned Regular Meeting, Joint Study Session
with the Planning Commission, Traffic Commission and Park Planning and Development
Commission, on Tuesday, April 3, at 4:00 p.m. in the Weimer Room, to review the
2007-2008 Capital Improvement Program.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meetiug of March 27, 2007 at Orange Civic Center kiosk, Police facility at 1107 North
Batavia, Shaffer Park; all of said locatious beiug in the City of Orange and freely accessible to
members of the public at least 72 hours before commencement of said regular meeting.
cr CLERK
Palre 16