HomeMy WebLinkAbout5_22_2007 - Council MinutesAPPROVED BY THE CITY COUNCIL ON JUNE 12,2007
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING May 22, 2007
The City Council of the City of Orange, California convened on May 22, 2007, at 4:30 p.m. in
a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Pastor Tye McClain, Rock On Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Carolyn Cavecche
1.3 ROLL CALL
PRESENT -ABSENT -
Smith, Murphy,
Cavecche, Dumitru, Bilodeau None 1.
4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation given
on City's electronic utility billing options; and certificate given to Philip Arnold,
Orange resident, for being the first to sign up for the program.Presentation by
Stu Livingstone, Community Foundation, recognizing support for the Foundation Games
Track and Field Meet.Presentation from
Cindy Reed, President, Orange Dog Park Association, of annual status report.
She submitted petition requesting improvements at the Dog Park and invitations to
second year anniversary celebration on June 16. (Marie Knight,Community Services
Director, provided an update on the status of Y orba Park and the Dog Park).
Employee Service
Awards presented Mayor Cavecche
announced the COPS Expo on June 2 at The Block.2. PUBLIC
COMMENTS -Mary Dargatz, address
on file, requested that the residents in the surrounding neighborhood ofYorba Park
receive more information on the status of the Park.Katie Short, address
on file, spoke on her request for donations to help with educational trip.P~(Jp.1
CITY COUNCIL MINUTES May 22, 2007
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one
motion approving the recommended action listed on the Agenda. Any member of the
City Council, staff or the public may request an item be removed from the Consent
Calendar for discussion or separate action. Unless otherwise specified in the request to
remove an item from the Consent Calendar, all items removed shall be considered
immediately following action on the remaining items on the Consent Calendar.
3.1 Request Council confirmation of warrant registers dated May 3 and 10,2007.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of May 8, 2007.
ACTION:Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
3.4 Receive and file the City Treasurer's Report, period ending April 30, 2007.
ACTION:Approved.
3.5 Receive and File the Investment Oversight Committee Report, period ending
April 30, 2007. (ORI800.0.27.16.1)
ACTION:Approved.
AGREEMENTS
3.6 Amendment No. 10 to Cooperative Agreement No. C-9S-986 between
City of Orange and Orange County Transportation Authority (OCTA). (A2100.
0 Agr-
2397.10)SUMMARY: The Amendment No. 10 to Cooperative Agreement
between Orange County Transportation Authority and City of Orange amends
the Combined Transportation Funding
Program Allocations.ACTION: Approved Amendment No. 10 to Cooperative Agreement No.
C-95-986 and authorized the Mayor and City Clerk to execute on
behalf of the
City.FISCAL
CITY COUNCIL MINUTES May 22, 2007
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
3.7 Three-year Entertainment Services Agreement with Metzger Enterprises, Inc.
for audio, lighting, staging, and electrical for the 3rd of July Celebration,
Treelighting Ceremony and Candlelight Choir Procession. (A2100.0
Agr-5074)SUMMARY: The three-year Agreement includes a scope of
services for audio,lighting, staging, and electrical at 3rd of July Celebration,
Treelighting Ceremony and Candlelight Choir Procession and miscellaneous programs for a
total compensation not toexceed $
182,257.33.Discussion - Councilmember Murphy wanted to ensure that Mike Short
was in concurrence with this agreement. Mr. Short indicated he had been included
in all discussions and was in support of
the agreement.MOTION -
Murphy SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved
to approve agreement with Metzger Enterprises, Inc. and authorize Mayor and City
Clerk to execute the agreement on behalf of the City.FISCAL
IMPACT:2007,
as follows:100-
7015-
423500
100-7015-427800 The following funds are available in FY 06-07 to
cover 3rd of July
Other Rentals and
Leases Other Contractual
Services 5,000.
00 29,110.82 Upon approval of the FY 2007-08 Budget, funds
will be available to cover Treelighting 2007 and yd
of July 2008, as follows:Treelighting
2007 100-7015-427800 Other Contractual Services yd of
July 2008 100-7015-
423500 Other Rentals
and Leases 100-
7015-427800Other
Contractual Services 10,395.
10 6,000.00 31,017.30 REMOVED AND HEARD SEPARATELY)3.8 Project
No. 6304, Award of Consultant Services Agreement to Iteris, Inc. for
traffic
signal coordination services on various arterial highways. (A2100.0 Agr-5075)
SUMMARY: The contract authorizes the Consultant to complete a traffic signal coordination
program to improve traffic flow and minimize
delay at 45 intersections along four arterial highways in the City.Discussion - Mayor
Cavecche wanted to ensure that the funds negotiated
with The
CITY COUNCIL MINUTES May 22, 2007
3. CONSENT CALENDAR (Continued)
City Traffic Engineer, Tom Mahood indicated that The Irvine Company funds will be
used for the construction of the infrastructure; and that this agreement is for signal
programmmg.
MOTION - Cavecche SECOND -
Bilodeau AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved to award
contract in the amount of $88,966.00 to Iteris, Inc., 1515 South Manchester Avenue, Anaheim,
CA 92802, and authorize the Mayor and City Clerk to execute on behalf
of the City.FISCAL IMPACT: Funds
are available in the following account:272-5032-483100-
6304 GasTax 95,000
REMOVED AND HEARD SEPARATELY)
3.9 First Amendment to Services Agreement between the City of Orange, the Orange
Redevelopment Agency and the PM Group, Inc. for the design and printing of the
Orange Progress City newsletter/Community Services recreation brochure for FY
2007-08. (A2100.0 Agr-
4692.B)See Related Orange Redevelopment Agency Minutes Item
3.3)SUMMARY: The First Amendment to Services Agreement memorializes the
City and Agency's exercise of their option to extend the term of the original
agreement and authorizes the consultant to design, oversee printing and coordinate delivery of
the next four quarterly editions of the
Orange Progress.MOTION -
Bilodeau SECOND - Smith
AYES - Smith, Murphy, Cavecche, Bilodeau NOES -
Dumitru NOTE: Mayor
pro tern Dumitru voted No as he wanted to wait until the status of the FY 2007-
08 budget was known before taking action.Moved
to approve the First Amendment to Services Agreement between the City of Orange,
the Orange Redevelopment Agency, and the PM Group, Inc. for the design and printing
of four quarterly issues of the Orange Progress in an amount not to exceed 111,
647 and authorize the Mayor and City Clerk to execute the agreement on behalf of
the City.PAGEd
CITY COUNCIL MINUTES May 22, 2007
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Sufficient funding has been included in the proposed FY 2007-
2008 budget through the following sources:
General Fund: $61,647 (this amount includes $40,000 contribution from Waste
Management) 100-0201-426600-7009 (City
Manager's Office-
Publicity &Advertising-Orange Progress); and Redevelopment Agency: $50,000 - 940-
9800-426600 (Merged and Amended Project Area - Publicity
and Advertising - Orange Progress).
REMOVED AND HEARD SEPARATELY)3.10 Agreement between the City of Orange and
Trauma Intervention Programs, Inc.TIP), a national non-profit
organization that provides immediate on-scene support to victims of
tragic events. (A2100.0 Agr-4914.A)SUMMARY: Approval ofan annual agreement in
the amount of$16,560 with Trauma Intervention Programs, Inc. to provide
immediate on-scene
support to victims of tragic events, FY 2007-08.Discussion - Councilmember Smith
asked about the status of any formal agreement between TIP and St. Joseph
Hospital or Children's Hospital of Orange County.Wayne Fortin, TIP representative, reported
TIP has been meeting with St. Joseph to establish a formal relationship; and
they hope to accomplish this soon. A formal relationship would mean that the
hospital can contact TIP directly
instead of going
through Police and
Fire representatives.MOTION - Smith SECOND - Dumitru AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to approve the Agreement between the
City and Trauma Intervention Programs,Inc.; and authorize the Mayor and City Clerk to execute the
Agreement
on behalf of the City.FISCAL IMPACT: Sufficient funds exist in the
following account for FY 2007-08:100-0000-426700
Non Department -
CITY COUNCIL MINUTES May 22, 2007
3. CONSENT CALENDAR (Continued)
3.11 A Consultant Services Agreement with Hogle-Ireland, Inc., a private
planning consulting firm, to provide work in the areas of current planning
and environmental review related to processing of a Tentative Tract Map for
East Orange Area 2. (A2100.0
Agr-5076)SUMMARY: Staff anticipates that development applications will soon
be submitted by The Irvine Company for a tentative tract map for East Orange Area
2. Coordination of the review of this application will require extensive staff resources.
This Consulting Services Agreement will augment the existing staff in order to provide
for adequate staffing to properly evaluate
the proposal.ACTION: Approved and authorized the Mayor and City Clerk to
execute the consultant services agreement with Hogle-Ireland, Inc. for contract
planning staff to work on Santiago Hills II and East Orange. The contract amount is
not to
exceed 70,000.FISCAL IMPACT: None. The cost of the contract planner will be
reimbursed by the applicant and funds to cover the expense in the amount of $70,000
are available
in account 100-6021-411102.3.12 A Second Amendment to an existing
Consultant Services Agreement with Hogle-Ireland, Inc., a private planning consulting
firm, to provide current planning assignments and prepare planning studies or
reports for the Planning
Division.A2100.0 Agr-4954.2)SUMMARY: The goal of the Planning
Division is to provide quality professional planning services. As the division reaches full
staffing in current planning, staff seeks to provide continuity for longer term projects
currently under study and to transition other proj ects to the new Senior Planner. This
contract will augment existing staff with the use of professional planning
consultants for the next two months.ACTION: Approved and authorized the Mayor
and City Clerk to execute an amendment to an existing professional service
contract with Hogle-Ireland, Inc., not to exceed an additional $50,000 for
a total contract amount of $280,000.FISCAL IMP ACT: Funds in the amount of $
50,000 are available in the following account of the Current
Planning Division's budget - 100-6021-426700 (Other Professional and Consulting Services)
These funds are from salary savings based on current vacancies. For the Current Planning
work, the cost for the
contract planners
CITY COUNCIL MINUTES May 22, 2007
3. CONSENT CALENDAR (Continued)
3.13 A Fourth Amendment to an existing Professional Service Contract with a private
consulting firm, Willdan Associates, to perform the duties of Chief Building
Official including administration and management of the Building Division
including plan check, permit services, inspection and code enforcement. (A2100.0
agr-4679.A.
4)SUMMARY: The goal of the Building Division is to provide quality customer
service at the public counter throughout the business day. The Community
Development Department is experiencing a staff shortage with the absence of a Chief
Building Official. The fourth amendment to the contract will augment this shortage with the
use of a consultant through the end of July
2007.ACTION: Approved and authorized the Mayor and City Clerk to execute
an amendment to an existing professional service contract with Willdan Associates not
to exceed an additional $52,000, for a total contract amount of $591,
700.FISCAL IMPACT: Funds in the amount of $52,000 are available in the
following account of the Plan Check Administration budget: 100-
6033-427800 (
Other
Contractual Services).BIDS 3.14 Project No. SP 3577; Approval of plans and
specifications and request authorization to advertise for bids for construction
of Arterial Highway Rehabilitation Program (AHRP) Projects - Glassell Street from Collins
Avenue to Katella Avenne. (S4000.
S.7)SUMMARY: Plans and specifications have been completed for the
Glassell Street Arterial Highway Rehabilitation Program. The project is ready to be
advertised for bids. The estimated construction cost is $
720,000.ACTION: Approved plans and specifications and authorized advertising for
bids for the Glassell Street Arterial Highway
Rehabilitation improvements.FISCAL IMPACT: Funds are budgeted and available in the
following accounts:272-5011-483300-3053 Gas Tax 2105 Glassell St.;
Katella to Collins $351,104 550-5011-
483300-3053
AHRP Glassell St.; Katella to Collins 351,104 Once the bids are opened and
actual bids are known, staff will make recommendations on the award based on available
funding, including request for fund transfer from other unbudgeted
funds, and
CITY COUNCIL MINUTES May 22, 2007
3. CONSENT CALENDAR (Continued)
3.15 Bid No. 067-44; Approval of plans and specifications and request authorization
to advertise for bids for construction of Community Development Block
Grant CDBG) Projects - Grand Street, Center Street, Blake Street, Harwood Street,
and Pine Street Reconstruction (SP-3600). (S4000.S.
7)SUMMARY: Plans and specifications have been completed for the reconstruction
of Grand Street, Center Street, Blake Street, Harwood Street, and Pine Street under
the CDBG Program. The project is ready to be advertised. The total
estimated construction cost including contingencies and construction engineering (15%)
is 465,
000.ACTION: Approved plans and specifications and authorized advertising for bids
for the Grand Street, Center Street, Blake Street, Harwood Street, and Pine
Street Reconstruction
Projects.FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and
are available in the following
accounts:310-9645-483300-4056 (
CDBG Blake Street Reconstruction)310-
9645-483300-4057 (CDBG Center
Street Reconstruction)310-9645-483300-
4058 (CDBG Grand Street Reconstruction)
310-9645-
483300-4059 (
CDBG Harwood
Street Reconstruction)
310-9645-
483300-4060 (CDBG
Pine Street Reconstruction)89,000 85,000 86,000 102,000 103.000 465,000
Total 3.16 Rejection
of Bids - Bid No. 067-41; Security Fence Replacement for the Water
Plant (W-640). (C2500.P)SUMMARY: Bids for the Security Fence Replacement for the
Water Plant were opened on April 19, 2007. One bidder responded to the notice
inviting bids. The bidder is Southland Construction of Irvine for $155,
000.00. Since the bid
is substantially higher than the
engineer's estimate and available budget, staff recommends rejection of the bid.
ACTION: Rejected all bids received.FISCAL IMPACT:
Funds
CITY COUNCIL MINUTES May 22, 2007
3. CONSENT CALENDAR (Continued)
3.17 Bid 067-47; Project No. W-644; Water Plant Public
Counter Security Improvements. Approval of plans and specifications and request
authorization to advertise for bids. (
C2500.P)SUMMARY: Plans and specifications have been completed for the Water
Plant Public Counter Security Improvements. The plans call for an addition of 842 square
feet to the existing building to accommodate a security front counter with waiting area
for the public, a meeting room, and three new offices. Improvements to the
Water Building will include retrofitting of the restrooms to comply with ADA codes,
replacement of the perimeter block wall, construction of additional handicapped parking
along with paving, and landscaping. Plans and specifications have been completed and
the project is ready to be advertised for bids. The Engineer's Estimate of cost for
construction is
490,000.ACTION: 1) Transferred $188,249 from Account No.
601-8011-481200-8101 (Water Utility Security Improvements) to
Account No. 601-8011-481200-8212 (Water Plant Public Counter Security
Improvements); 2) Transferred $14,749 from Account No.
601-8011-481200-8932 (Water Plant Painting) to Account No. 601-
8011-481200-8212 Water Plant Public Counter Security Improvements); 3)
Transferred $95,935 from Account No. 601-8011-481200-
8933 (Water Plant Roof Replacement) to Account No.601-8011-481200-8212 (
Water Plant Public Counter Security
Improvements); and 4)Approved plans and specifications and authorized
advertising for bids for the Water Plant Public Counter Security
Improvements.
FISCAL IMPACT: After transfer, funds are available, as follows:601- 8011-481200-8212 Water
Plant Public Counter Security Improv. $445,593 CONTRACTS 3.18 Contract
Change Order No.1; Bid No. 067-
32; Project No. SP-3588; CDBG Project - Americans with Disabilities Act (ADA) Wheelchair Access Ramps at Various Locations, FY 2006-07. (A2100.0 Agr-5054)SUMMARY: This
Contract Change Order authorizes payment for
extra work at agreed unit prices. The extra workconsistsof13additionalramps. The total cost for this
change order is $36,300.00.ACTION: 1) Transferred $35,000 from 310-9645-491300-1070 (CDBG contingency
fund) to 310-9645-483300-1328 (ADA Ramp Improvements); and 2) Approved
Contract Change Order No. 1
in the amount of $36,300.00
to Nobest,
CITY COUNCIL MINUTES May 22, 2007
3. CONSENT CALENDAR (Continued)
3.19 Contract Change Order No.2 and Final Payment; Bid No. 067-09; Taft
Avenue and Glassell Street Storm Drain Improvements (D-146). (A2100.
0 Agr-4964)SUMMARY: This Contract Change Order authorizes final
payment for additional work at agreed lump sum prices. The total cost for this change order is $
56,155.00.ACTION: 1) Transferred $10,967.49
from 550-5011-483300-3058 (Orange-Olive Road Storm Drain) to
550-5011-483400-5324 (Taft and Glassell Storm Drain); 2)
Transferred $45,187.51 from 272-5032-483100-6193 (Orange-Olive
Road and Heim Ave Signal) to 272-5011-483400-5324 for storm drain construction; and 3) Approved
Contract Change Order No.2 and final
payment in the amount of $56,155.00 to Mike Prlich & Sons,
Inc. for the additional work.FISCAL
IMPACT: Funds will be available upon transfer inthe
following accounts:272-5011-483400-5324 Gas Tax $45,187.51 550-5011-483400-
5324 County of Orange Cooperative Project $10,967.49 3.20 Contract
Change Order No.1 and Final Payment; Bid. No. 056-45; Waterline
Renewal for Fern St., Hillside Ave., Lakeside Ave., Brookside Ave., Warbler
Pl.,Hart St., Mockingbird PI., Oriole PI., and Meadowlark PI. (A2100.0 Agr-4933)SUMMARY: This
Contract Change Order authorizes final payment for additional work at agreed
lump sum prices. The total cost for this change order
is $45,147.39.ACTION: 1) Appropriated $16,200 from unallocatedreserves to Account 601-8041-484501-
8400 (Pipeline Renewal projects);
and 2) Approved Contract Change Order No.1 and final payment in the amount
of $45,147.
39 to West Valley Construction, Inc.for
the additional
CITY COUNCIL MINUTES May 22, 2007
3. CONSENT CALENDAR (Continued)
3.21 Award of Bid No. 067-40; Reservoirs 1, lA, 9A and 10 Exterior
Recoating.A2100.0
Agr-5077)SUMMARY: Bids for the exterior recoating of Reservoirs 1, lA, 9A and
10 were received and opened on April 26, 2007. Nine bidders responded to the
Notice Inviting Bids. The apparent low bidder is Techno Coatings Inc. for $482,
000.00.ACTION: Awarded the contract in the amount of $482,000 to Techno
Coatings Inc.,1391 S. Allec Street, Anaheim, CA 92805 and authorized the Mayor and
the City Clerk to execute the agreement on behalf of
the City.FISCAL IMPACT: Funds are budgeted and are currently available
as follows:601-8041-484400-
8302 Reservoir Recoating $482,000 3.22 Contract Change Order No. 1 through No. 6 and
Final; Bid No. 045-48; Fire Station 8 and Carver Pump Station Project (
Reservoir
6 Pump Station). (A2100.0 Agr-4740)SUMMARY: These Contract
Change Orders authorize final payment for additional work at agreed lump sum prices or time andmaterial. The total costfor
project change orders is $62,476.46.ACTION: 1) Transferred $8,528 from 601-8011-484102-8314 (Reservoir Pump StationNo.4) to 601-8011-484201-8207 (Carver Pump Station); and 2) Approved Contract ChangeOrder No.1
through No.6 and Final in the
amount of $62,476.46 to Gamut Construction Company for the additional
work.FISCAL IMPACT: Funds will be available
upon transfer in the following accounts:601-8011-
484201-8207 Carver Pump Station $ 8,528.00 594-3011-481200-2681 Fire Station No.
8 $53,948.46 3.23 Final Acceptance of Bid No. 067-
22; SP-3531; The City of Orange Civic Center Finance and PublicWorksBuildingOfficesInteriorPaintingLocatedat300
E.Chapman Avenue and authorization to file Notice of Completion with the County
Recorder (No staff report reQuired). (A2100.0 Agr-5019)SUMMARY: Bid No.
067-22; SP-3531; The City of Orange Civic Center Finance and
Public Works
Building Offices
CITY COUNCIL MINUTES May 22, 2007
3. CONSENT CALENDAR (Continued)
ACTION: Accepted public work improvements; authorized release of Fidelity and
Deposit Company of Maryland, Bond No. 08871013 in the amount of $35,000, and
authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
PARKING
REMOVED AND HEARD SEPARATELY)
3.24 Request for NO FEE parking permits in Municipal Parking Lot J - South Orange Street,
for the Assistance League of Orange (10), and First United Methodist Church (
2). Orange Elderly Services (4) would utilize parking in Municipal Parking
Lot E - South Olive Street. (S4000.S.3.1.2)SUMMARY: The
Assistance League of Orange, First United Methodist Church and Orange Elderly
Services are requesting issuance of NO FEE parking permits to accommodate their
charitable medical and community activities. This request is reviewed annually
by the City Council.Discussion - Councilmember
Smith asked for a continuance on the request for permits in the South
Orange Street parking lot. She had questions about the use of the permits,including - what days
of the week the permits are valid; what type of arrangements for church parking exist in
other areas; if the permits are used for church staff or the Chapman University child care
program at First United Methodist Church; requested an accurate count of available
space; and if there have been any complaints or issues that need to be addressed
before offering more than 10% of the parking spaces for free.MOTION - Smith SECOND - Murphy
AYES - Smith, Murphy,
Cavecche, Dumitru, Bilodeau
Moved to approve the request for No
Fee parking permits in the South Olive Street parking lot; and continue the request for
No Fee parking permits in the South Orange Street parking lot to June 26, 2007.
PAGE 12
CITY COUNCIL MINUTES May 22, 2007
3. CONSENT CALENDAR (Continued)
3.25 Temporary closure of the Civic Center Municipal Parking Lot from 9:00 a.m. to
5:00 p.m. Saturday, October 27, 2007, and from 1:00 p.m. to 5:00 p.m. Sunday,
October 28, 2007 for a special event by the Old Towne Preservation Association.
P2500.0.9)
SUMMARY: Old Towne Preservation Association is planning to hold their Open
House tour on Saturday and Sunday, October 27-28, 2007 from 9:00 a.m. to 5:00 p.
m.The Exhibitor's Hall will be held at the Women's Club on North Center Street and
use of the Civic Center parking lot would greatly facilitate visitor parking for their
event.ACTION: Approved the temporary closure of the Municipal Parking Lot at
Almond Avenue and Center Street (Civic Center lot), for duration of a special event by the
Old Towne Preservation
Association.FISCAL IMPACT:
None.
QUITCLAIM 3.26 Quitclaim of an old Santa Ana Irrigation Company (S.A.V.I.) easement at
1816-1838 North Case Street. (D4000.
0)SUMMARY: This S.A.V.I. easement has been abandoned for many years and
has been offered to the property owners for their private
use.ACTION: Authorized the Mayor and City Clerk to execute a Quitclaim Deed to
Grove Construction Corporation for the S.A.V.I. easement located at 1816-1838
North
Case Street.FISCAL
IMPACT:
None.RESOLUTIONS 3.27 RESOLUTION NO. 10187 (L1200.0 LMD-
94-1 Sycamore Crossing)A Resolution of the City Council of the CityofOrangeregardingLandscapeMaintenanceAssessmentDistrict94-1 (Sycamore
Crossing) declaring its intention to provide for an annual levy and collection of
assessments for Fiscal Year 2007-2008;and to set a time and place for a Public Hearing
to receive public testimony on the foregoing matters; and to give preliminary approvaltotheCertifiedEngineer's Report for Landscape
Maintenance Assessment
District 94-
CITY COUNCIL MINUTES May 22, 2007
3. CONSENT CALENDAR (Continued)
3.28 RESOLUTION NO. 10188 (LI200.0 LMD-82-1
Shadow Ridge)A Resolution of the City Council of the City of Orange
regarding Landscape Maintenance Assessment District 82-1 (Shadow Ridge) declaring
its intention to dissolve the district; and to set a time and place for a Public Hearing
to receive public testimony on
the foregoing
matter.ACTION: Approved.3.29 RESOLUTION NO. 10194 (
S4000.S.4)A Resolution of the City Council of the City of Orange finding that
a portion of Glassell Street near its intersection with Riverdale Avenue is no longer
needed by the public, ordering the vacation thereof and reserving all
Public Utility Easements.Note: Councilmember Bilodeau recorded an abstention
on this
item.ACTION: Approved.
MOTION - Murphy SECOND -
Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
Items 3.7, 3.8, 3.9, 3.10, and 3.24 were removed and heard separately. Councilmember
Bilodeau abstained on Item 3.29. All other items on the Consent Calendar were
approved as recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR CA VECCHE
4.1 Update on Tustin Branch Trail. (C2300.H)
Community Services Director, Marie Knight provided a brief update on the status of the Trail.
She indicated it will take approximately 17 more months to get through the design/approval
phase to where there is a project ready to go out to bid, then a construction process of about 10
months, but these are very preliminary figures and can easily vary.
PAGE 14
CITY COUNCIL MINUTES May 22, 2007
4. REPORTS FROM MAYOR CA VECCHE (Continued)
Speakers - Expressed concern over the possibility of losing funding with the amount of time it was
taking to complete the trail.Shirley
Grindle Kirk
Winterroth Sue
Obermayer John
Moore Council
discussed continual follow-up with the agencies reviewing the technical studies;
funding of the project; the project scope being from Wanda and Collins through to La Veta;
the need for a grant writer; and the need for discussions with Cal Trans in an effort to get the
project moving forward.
Mayor Cavecche directed staff to return with a more detailed report, outlining timing of the
project and what parallel efforts can be done so as not to lose funding for this project.
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Smith - Study the possibility of R-l Zoning for all areas of the
Old Towne District which were historically primarily single family. (A2500.0 Ord-
14-00)Discussion - Councilmember Smith clarified that a study ofR-l Zoning in Old Towne
will be addressed in conjunction with the General Plan, noting a General Plan Study
Session was planned for
June 12th.Speaker - Dan Slater, noted zoning inconsistencies in Old Towne, asking that this be
addressed as quickly as
possible.6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS _
None.7. ADMINISTRATIVE
REPORTS 7.1 Report from Public Works Director - Precise Alignment for the Cannon Street
and Santiago Canyon Road Intersection Improvement Project. (S4000.S.7)
Precise alignment of Cannon Street realignment and widening has been established and plans,specifications, and estimates are currently being finalized. Based upon the Precise Alignment,the City prepared Mitigated Negative Declaration No. ENV 1776-06 to evaluate thepotentialenvironmentalimpactsoftheproject. The Mitigated Negative Declaration concludes thatwiththeimplementationofcertainmitigationmeasurestheproposedprojectwouldnothavesignificantimpactsupontheenvironment. The estimated construction cost, including additional Right-of-Way acquisition, to complete all work is $
6,000,
CITY COUNCIL MINUTES May 22, 2007
7. ADMINISTRATIVE REPORTS (Continued)
Speakers - Suzanne Joseph, spoke on the unsafe traffic conditions at Valencia between Linda Vista
and Cannon;Barry
Rodieck, Blue Ri\:>bonNursery, spoke on unsafe traffic conditions in this area.Mrs.
Farber, responding to a question from Mayor Cavecche, suggested that Public Works staff and
the Traffic Commission could review the concerns of the speakers as part of the Residential
Neighborhood Traffic Management program.Staff
also noted they have coordinated with Linda Vista Elementary to close the school for the Summer
session, which will allow for roadway widening and reconstruction of the school parking
lot without impacting school operations.Mayor
Cavecche directed staff to contact the speakers to assist in addressing traffic concerns.RESOLUTION
NO. 10190 A
Resolution of the City Council of the City of Orange approving Precise Alignment for the Cannon
Street and Santiago Canyon Road Intersection Improvement Project and making certain
findings in connection therewith.MOTION -
Murphy SECOND - Cavecche
AYES - Smith, Murphy,
Cavecche, Dumitru, Bilodeau Moved to approve Resolution
No. 10190.8. REPORTS FROM CITY
MANAGER - None.9. LEGAL AFFAIRS 9.1
RESOLUTION NO. 10189 (
A4000.0 App-05l5-07)A Resolution of
the City Council of the City of Orange upholding Appeal No. 0515-07 and denying Conditional
Use Permit 4080-06 and Negative Declaration 1767-06 which would have
allowed the demolition of a 380 square foot detached garage and construction of a two story,
detached structure with a three-car garage and an accessory second housing unit located at
424 South Grand
Street.Applicant: Mark D.
Drenner Appellant: Old Towne Preservation
Association MOTION - Smith
SECOND - Murphy AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved to
approve Resolution No. 10189.PAGE 16
CITY COUNCIL MINUTES May 22, 2007
10. PUBLIC HEARINGS
10.1 AMENDMENT TO THE ORANGE MUNICIPAL CODE TO DEFINE SINGLE-
FAMILY AND DUPLEX RESIDENTIAL UNITS. (A2500.0 Ord-07-
07 Zoning)The public hearing to consider an Ordinance defining Single Family and
Duplex Residential Units adding language to the definitions to further define such units as dwellings
shared by persons acting as a single housekeeping unit (was continued to this time from Mav
8. 2007).NOTE: This project is categorically exempt from the provisions of
the California Environmental Quality Act per State CEQA guidelines Section 15305 (Class 5 -
Minor Alterations in Land Use
Limitations).Discussion - City Attorney, David DeBerry stated that the Apartment Association of Orange
County indicated the Association had no concerns with the ordinance.
THE MAYOR OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, THE
MAYOR CLOSED THE PUBLIC HEARING.
Council Action -ORDINANCE
NO. 7-07 (FIRST READING)
An Ordinance of the City Council of the City of Orange amending chapter 17.04 of Title 17 of
the Orange Municipal Code defining single-family and duplex residential
units.MOTION - Murphy
SECOND - Cavecche AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that
Ordinance No. 7-07 be read by title only and same was set for second reading by the
preceding vote.11.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
PAGE
17
CITY COUNCIL MINUTES May 22, 2007
12. RECESS TO CLOSED SESSION
City Attorney David DeBerry reported there was a need to discuss an item relating to the Jeff
Hambarian case.
MOTION - Cavecche SECOND -
Murphy AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau Moved that there
is a need to take immediate action and that the need arose after the posting of the agenda.The
City Council
recessed at 6:05 p.m. to a Closed Session for the following purposes:a. Conference with
Legal Counsel concerning existing litigation - City of Orange v. Jeff Hambarian, Orange County Superior
Court Case No. 807419.b. To consider and
take possible action upon such other matters as are orally announced by the City Attorney, City Manager,
or City Council prior to such recess unless the motion to recess indicates any of the
matters will not be considered in Closed Session.PAGE1R
CITY COUNCIL MINUTES May 22, 2007
7:00 P.M. SESSION
13. PUBLIC COMMENTS - None.14.
PUBLIC HEARINGS TAPE 3050 14.
1 PROPOSED WATER RATE INCREASE. (A2500.0 Ord-12-
07)Time set for public hearing to consider amending and revising the Master Schedule of Fees
and Charges for Water
Rates.The City conducted a financial analysis of the water funds to verify balanced revenues
and expenditures, while rnaintaining a reasonable fund balance for emergency purposes.
This analysis showed a need for rate increases for the next three years based on rising costs
for water supply, energy, and construction. Due to the aging ofthe water infrastructure,
additional funds are needed for repair and replacement of water
facilities.Pursuant to Article 13D of the California Constitution (Proposition 218) and recent
court decision interpreting this constitutional provision, the City is required to conduct a
majority protest hearing before raising water rates. The proposed increases do not exceed the City'
s estimated reasonable cost of providing the
service.Staff Report - Water Division Manager, Joe De Francesco provided a staff report, noting that
in spite of the proposed increases, the City of Orange will continue to provide water at the
second lowest rate in the County; and that the rates would become effective on July 12,2007.
City Attorney, David DeBerry explained the Majority Protest Hearing Process as prescribed by
Proposition 218, requiring notices be sent to all owners of record in the City. If a majority of
the owners protest, then the City cannot assess the increase. He further stated that the increase
must pass by a 2/3 vote of the Council.
Finance Director, Rich Jacobs explained that the water rates are deposited into an Enterprise
Fund which does not receive any tax dollars.
Mayor Cavecche clarified that the Enterprise Fund pays for the maintenance of the
infrastructure and if there are insufficient funds, then either reserve funds would be used to
supplement a shortfall or the infrastructure would be adversely affected due to deferred
maintenance.
P;Jop.19
CITY COUNCIL MINUTES May 22, 2007
14. PUBLIC HEARINGS (Continued)
THE MAYOR OPENED THE PUBLIC HEARING
Speakers -Carol
Rudat - asked that all expenses be reviewed.Robert Bassett -
noted excessive fee increase.Ray Grungoff, Apartment
Association of Orange County - asked for a review of the tiered structure for apartment
owners.Louis Divito - requested additional
information.Sister Mary Therese Sweeney - spoke
in favor of the increase, noting the rates reflect actual costs only.Karl Baysinger - spoke
in opposition to
the tiered system for apartment owners.Julia Araiza - spoke in opposition to the
tiered system for apartment owners.Sheila Harvey - submitted her opposition to the rate
increase - but did not speak.Gary Sutliff - did not speak.THE MAYOR CLOSED THE PUBLIC
HEARING The City Clerk announced that
there are 31,794 parcels in
the City and that the City Clerk Office had received 14 written protests; therefore, a majority protest did not
exist.In response to the concerns of the speakers, it was noted
that the capacity service charge is now indicated on the water bill to give customers a better understanding
of cost; and that the capacity charge covers maintenance and the water charge is for water; apartments
generally have only one capacity charge per complex; Brown and Caldwell is the firm which
conducted the analysis; City staff maintains the system, therefore the charge does cover staff salaries;
Capital Improvement projects include the replacement of leaky and aging lines; and developers
pay for the water service infrastructure included in their developments.Council Ouestions - Water Division Manager,
Joe De Francesco responded to questions
by Mayor pro tern Dumitru, stating that the Groundwater Replenishment System will increase the
water supply and stabilize rates; and that the amount of rainfall affects the
amount of water available to pump, which changes from year to year. He also explained that the
decision to use the tiered rates structure was made in 2001 after careful study showed it to be
the most fair and equitable.Councilmember Bilodeau stated that the Groundwater Replenishment System is going on line
in December, 2007 and will provide water equivalent in price to the imported
water from the Colorado River, and that over time it will become cheaper. He explained
that the rising costs of water is due in part to the State using Ad Valorem money
from the special districts, including the Orange County Water District, but that this practice is ending this year.
He reported that the water district charges 1/20th of a penny per gallon of water,
compared to the price of bottled water which is marked up 600,000%. He added that this is
a pass through account and the money is not used for any other cost. He suggested that the
tiered structure for apartment buildings be reviewed at a later date.PAGE 20
CITY COUNCIL MINUTES May 22, 2007
14. PUBLIC HEARINGS (Continued)
Mayor Cavecche stated she wanted to ensure that the rate was equitable covering usage and
maintenance, and reiterated the need to review the rate being charged apartment complexes and
whether the tiered system is the most fair and equitable. She reiterated that the water fund is an
enterprise account and the funds collected are used only for water service; and that although it is
a tough decision to raise rates, the Council has a responsibility to maintain the water system.
Councilmember Smith stated that the increased cost of water would equate to approximately
10 for the next year; that the City's water is good, clean and clear; and that Orange rates are
the second lowest rate in the County, which is an indication of good stewardship.
In response to a question by Councilmember Dumitru, Mr. De Francesco stated that there are
four other water providers to Orange area residents: Golden State, East Orange County Water
District, Serrano and Orange Park Acres; and that their rates are higher than the City's rates.
Councilmember Murphy noted that homeowner insurance rates can be affected by the level of
water service provided by a city. He stated that safety is a number one responsibility, and it is
important to be able to effectively deliver water service during emergency times, as well as
normal times; and noted that this is not a tax, but a rate increase based on the cost of delivering
a service. He agreed with the direction to work with apartment owners on equity issues.
Council Action:
ORDINANCE NO. 12-07 (FIRST
READING)An Ordinance of the City Council of the City of Orange Amending and Revising the
Master Schedule of Fees and Charges for Water
Rates.MOTION - Bilodeau
SECOND - Dumitru AYES -
Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that
Ordinance No. 12-07 be read by title only and same was set for second reading by the
preceding vote.Mayor
Cavecche directed staff to work with the Apartment Association of Orange County in studying
the tiered structure for apartment units, comparing the city's water structure with other
cities.MOTION -
Bilodeau SECOND - Murphy
AYES - Smith, Murphy,
Cavecche, Dumitru, Bilodeau Moved to authorize the
annual transfer of 8% of the water rate revenues from Fund 600 Water) to Fund 601 (
Water Capital Projects).PAGE 21
CITY COUNCIL MINUTES May 22, 2007
14.PUBLIC HEARINGS (Continued)TAPE 5200
14.2 PROPOSED SEWER SERVICE RATE INCREASE. (A2500.0 Ord-
13-07)Time set for public hearing to consider amending and revising the Master Schedule of
Fees and Charges Relating to
Sewer Rates.The City conducted a financial analysis of the sewer rates to verify balanced
revenues and expenditures, while maintaining a reasonable fund balance for emergency
purposes. This analysis showed a need for a sewer rate increase for the next three years based on
rising costs for increased sewer maintenance activities and sewer
infrastructure needs.Pursuant to Article 13D of the California Constitution (Proposition 218) and
recent court decisions interpreting this constitutional provision, the City is required to conduct
a majority protest hearing before raising sewer rates. The proposed increases do not exceed the
City's estimated reasonable cost of providing
the service.Staff Report - Maintenance Division Manager, Bob Yon Schimmelmann stated the
sanitation fund supports street sweeping, street tree maintenance, stormwater/environmental
compliance and sewer service. After routine analysis, it was determined that the sewer rate
needed adjustment. He added that an aging infrastructure and rising construction costs are driving
the need to repair/replace the sewer
lines.City Attorney, David DeBerry explained the Majority Protest Hearing Process as prescribed
by Proposition 218, requiring notices be sent to all owners of record in the City. Ifa majority
of the owners protest, then the City cannot assess the increase. He further stated that the
increase must pass by a 2/3 vote of the
Council.In response to Council questions, Mr. Von Schimmelmann stated that the average home use
is 40 hcf (hundred cubic feet) of water every two months; a ratepayer on vacation is charged
the lowest of two months average in the year; some of the sewer pipes are nearing 100 years
old;clay pipes last between 70 to 100 years; and that there are other entities that have sewer
lines going through Orange - Orange County Sanitation District, and the Cities of Anaheim, Santa
Ana and Villa Park.
THE MAYOR OPENED THE PUBLIC HEARING
Speakers - noting the fees should have been raised gradually over time and that the proposed increase
is too high a percentage.Louis
Divito Donald
Meyer Charles
Schroeder THE
MAYOR CLOSED THE PUBLIC HEARING PAGE
22
CITY COUNCIL MINUTES May 22, 2007
14. PUBLIC HEARINGS (Continued)
Maintenance Division Manager, Bob Von Schimmelmann responded to the speakers concerns,
stating that because the sewer rate has been historically low, any rate increase would seem like
a jump which is due in part to the inclusion of a Capital Improvement component to address
the need for maintenance; the City has had to increase cleaning cycles and perform condition
assessments of pipes to come into compliance with the Federal Clean Water Act and the State
Waste Discharge Requirement. He added that if a City does not adhere to these requirements,
it can be fined by the Government agencies.
The City Clerk announced that there are 31,794 parcels in the City and that the City Clerk
Office was in receipt of 6 written protests; therefore, a majority protest does not exist.
Councilmember Bilodeau reiterated that the major reason the rates are increasing is due to the
Capital Improvement project to replace the aging sewer lines.
Councilmember Murphy stated that a consequence of the new Proposition 218 Majority Protest
Hearing is the cost to mail a notice to every parcel owner which runs approximately $25,000.
This creates the need to factor the cost over several years so that the mailing cost is not
incurred every year.
Mayor Cavecche reiterated that the maintenance cost should have been planned tor many years
ago; however, since it was not, the current Council must take the responsibility to maintain the
system.
ORDINANCE NO. 13-07 (FIRST
READING)An Ordinance of the City Council of the City of Orange Amending and Revising the
Master Schedule of Fees and Charges Relating to Sewer
Rates.MOTION - Cavecche
SECOND - Murphy A
YES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved that
Ordinance No. 13-07 be read by title only and same was set for second reading by the
preceding vote.PAGE
2:l
u_________
CITY COUNCIL
MINUTES May 22, 2007 15. PLANNING
AND ENVIRONMENT - None.16. ADJOURNMENT - The
Council adjourned at 8:35 p.m.The next Regular Council
Meeting is scheduled for June 12,2007.Declaration of City Clerk,
Mary E. Murphy, declariug posting of City Council agenda of a regular meeting of May
22, 2007 at Orauge Civic Center kiosk, Police facility at 1107 North Batavia, and the Main
Public Library at 407 E. Chapman; all of said locations being in the City of Orange and freely
accessible to members of the public at least 72 hours before commencement of said regular meeting;
and available at the Civic Center City Clerk's Office.LA ~~MURPHY CITY CLERK
PAGE24