HomeMy WebLinkAbout6_26_2007 - Council MinutesAPPROVED BY THE CITY COUNCIL ON JULY 10, 2007
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING June 26, 2007
The City Council of the City of Orange, California convened on June 26, 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 Bubba Lipscomb, First Southern Baptist Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Denis Bilodeau
1.3 ROLL CALL
PRESENT - Murphy, Cavecche, Dumitru, Bilodeau ABSENT -
Smith 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Resolution to
Janice Marchan upon her retirement was presented.Proclamation honoring
Parks & Recreation Month, July 2007 was presented.Employee Service
Awards presented Annual Report
from Orange County Animal Care Services was presented by Director Jennifer Phillips.
Mayor Cavecche
announced the 3rd of July event at Fred Kelly Stadium.2. PUBLIC
COMMENTS -Genna Aranda, address
on file, spoke on a Code Enforcement issue.Justin Weiler, address
on file, spoke on the Team Science project at McPherson School on July 27th.
PaQ'e I
CITY COUNCIL MINUTES June 26, 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 31, June 7 and
June 14, 2007.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting of June 12, 2007 (as
amended) and Adjourned Regular Meeting of June 12, 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 May 31,2007.
ACTION:Approved.
AGREEMENTS
3.5 Agreement with David Evans and Associates Inc., for design services for the El
Camino Real Park Renovation project No. 0607. (A2100.0 Agr-
5102)SUMMARY: The conceptual plan for the EI Camino Real Park Renovation project
has been approved and the next step is to hire an architectural firm to prepare
the construction documents. David Evans and Associates Inc. has been selected through
an RFP process in an amount not to exceed $466,
395.ACTION: Approved agreement with David Evans and Associates Inc. and
authorized the Mayor and City Clerk to execute the agreement on behalf of the
City.FISCAL IMPACT: Funds are available to cover the costs of the agreement in the
FY 07-08 budget
as follows:511-7021-481105-0607 (EI
Camino Park
CITY COUNCIL MINUTES June 26, 2007
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
3.6 Conditional Certificate of Compliance for a portion of certain real property
located at 2375 N. Tustin Street in the City of Orange. (A2100.0 Agr-
5109)SUMMARY: The Subdivision Map Act (SMA) provides a remedy for an owner of
real property where the creation of a parcel was in violation of the SMA. Tustin
Ave.Associates, L.P. filed an application with the City for a Certificate of Compliance for
a portion of real property (the former Brunswick Bowl property) it acquired
from Leiserv, Inc. in 2005 because Leiserv conveyed a portion of the property to
Regency Outdoor Advertising, Inc. in 1997 by way of a quitclaim deed, which has never
been recorded and had the effect of creating an illegally subdivided lot. Upon application
for a Certificate of Compliance, the SMA requires the City to make a
determination whether the division of the property was in compliance with the SMA or local
City
ordinances.Discussion ~ Responding to a question by Mayor pro tem Dumitru, Assistant
Public Works Director/City Engineer, Roger Hohnbaum explained that the Subdivision
Map Act governs the splitting of
parcels.MOTION - Dumitru
SECOND - Murphy AYES -
Murphy, Cavecche, Dumitru, Bilodeau ABSENT - Smith
Moved to: 1)
Grant a Conditional Certificate of Compliance; 2) Authorize and direct the Director of
Public Works/City Engineer to execute the Conditional Certificate of Compliance on behalf
of the City and file it for record with the Clerk-Recorder of the County of
Orange; and 3) Authorize and direct the City Attorney to proceed with the process to
record a notice of violation for the portion of the property owned by Regency Outdoor
Advertising pursuant to Section 66499.36 ofthe Subdivision Map Act.FISCAL
IMPACT:
None.3.7
Third Amendment to Consultant Services Agreement with Integrated Design Services, Inc. (
IDS). (A2100.0 Agr-4245.3)SUMMARY:
Additional work is needed on the Main Library Expansion project now that
the new Orange Public Library & History Center is open to the public. IDS, the project
management firm on board for the past four years, would provide additional project/
construction management services to complete that work in a timely manner through
this Third Amendment to the Agreement.Page
3
CITY COUNCIL MINUTES June 26, 2007
3. CONSENT CALENDAR (Continued)
ACTION: Approved the Third Amendment to Consultant Services Agreement with
IDS, for an amount not to exceed $10,000.00.
FISCAL IMP ACT: Sufficient funds are allocated and available in the following CIP
account:
500-2001-481200-9901 Main Library Expansion $
69,747.11 3.8 First Amendment to Agreement No. 2680 betweeu the City
of Orange and Pinnacle Landscape Company for landscape maintenance
services for City Facilities, Public Medians and Rights-of-Way. (
A2100.0 Agr-2680.B.l)SUMMARY: An amendment to Agreement No.
2680 between the City and Pinnacle Landscape Company to continue
performing landscape maintenance services under the current agreement for an amount not to exceed $
205,009.20 for FY 2007-08.ACTION: Approved the First
Amendment to Agreement No. 2680 with Pinnacle Landscape Company in an amount not to
exceed $205,009.20, and authorized the Mayor and City Clerk to execute
the amendment on behalf of the City.FISCAL IMPACT: Sufficient
funds have been budgeted for landscape maintenance services
for FY 2007-
08 in the
following accounts:100-
7022-424301 (Landscape Maintenance)
262-5021-424301 (Landscape
Maintenance)540-7022-424301 (
Landscape Maintenance)940-9800-
427800 (
Other Contractual Services)
941-9800-427800 (
Other Contractual Services)
940-9800-
424500-20063 (
Other Maintenance
Services)940-
9800-424500 (Other
Maintenance Services)Total:102,616.20 99,986.40 1,209.60
120.58 244.82 415.80 415.80
205,009.20 3.9 Reimbursement Agreement between the City
of Orange and the Orange Redevelopment Agency for FY 2007-2008. (
A2100.0 Agr-5107)See related Orange Redevelopment Agency Minutes Item No. 3.3)
SUMMARY: The Reimbursement Agreement between the City and Agency will create indebtedness which will enable
the
Agency to utilize tax increment revenue instead of bond proceeds to
pay for operational costs. This will free up bond proceeds for loans or
projects.ACTION: Approved the Reimbursement Agreement between the
City of
I
I
CITY COUNCIL MINUTES June 26, 2007
3. CONSENT CALENDAR (Continued)
FISCAL IMPCT: There is no net fiscal impact on either the City or Agency budget.
Interest paid by the Agency on the loan will be offset equally by interest earned by the
Agency on the loan proceeds. There are sufficient tax increment revenues and other
funds available to repay this loan.
3.10 Agreement to develop Wireless Master Plan and market City Property for
Wireless Facility Locations. (A2100.0 Agr-
5103)SUMMARY: In order for the City to be more proactive in marketing and
negotiating competitive lease agreements for the placement of wireless facilities on
City-owned property, it is recommended that the City prepare a municipal wireless
facility master plan. After soliciting and reviewing proposals from several vendors, it
is recommended that the City hire ATS Communications, which has no up-front cost
for the preparation of the plan or on-going marketing activities. A TS has
a shared-revenue approach that provides an incentive for A TS to aggressively market and
negotiate leases on behalf of the City thereby potentially generating
significant revenue to the City.ACTION: Approved the Agreement to develop Wireless
Master Plan and market City property for wireless facility locations between the
City of Orange and ATS Communications, and authorized the Mayor and City
Clerk to execute the agreement
on behalf of the City.FISCAL IMPACT: No immediate fiscal impact. Although
it is anticipated that this Agreement will result in an increase level of interest
in wireless facility placement on City-owned property, it is not known how many new
leases will be executed or how much additional revenue will be generated. The Agreement with
A TS calls for the City to share 25% of future
wireless
facility lease revenue with ATS.APPROPRIATION 3.11 Appropriate additional funding for Bid.
No. 056-45; Waterline Renewal for Fern Street, Hillside Avenue,
Lakeside Avenue, Brookside Avenue, Warbler Place, Hart Street, Mockingbird Place, Oriole
Place
and Meadowlark Place. (A2100.0 Agr-4933)SUMMARY: Staff requests
additional funding to cover for unaccounted inspection
costs in the amount of$65,000.ACTION: Appropriated $65,000
from unallocated reserves to
Account No. 601-8041-484501-8400 (Pipeline Renewal Projects).FISCAL IMP ACT: After appropriation,
funds will be
available to cover the cost of
inspection as
CITY COUNCIL MINUTES June 26, 2007
3. CONSENT CALENDAR (Continued)
BIDS
3.12 Bid No. 078-04; SP-3605; Annual Mechanical Maintenance Services
Contract for Heating, Ventilation and Air Conditioning (HV AC) of various
City facilities.Approval of Plans and Specifications and authorization to advertise
for bids.C2500.
M.5)SUMMARY: Plans and specifications have been completed for the Annual
HV AC Maintenance Contract for various City facilities under the
Facilities Maintenance Program and the contract is ready to be advertised. The annual contract
cost is estimated to be $
85,000.ACTION: Approved plans and specifications and authorized advertising for
bids for the Annual HV AC Maintenance Contract for various
City facilities.FISCAL IMP ACT: Funds are budgeted and available in the
following account:100-5028-424203-0000 (
Public Works, Maintenance) $90,000 3.13 Award of Bid No. 067-38 and
appropriation of funds for Landscape Maintenance Services - Sycamore Crossing
Landscape Maintenance Assessment
District 94-1.A2100.0 Agr-5104)SUMMARY: Bids for
full landscape maintenance services for Sycamore Crossing Landscape Assessment District 94-1 were
received and opened on April 5, 2007. The selected bidder is Nieves
Landscape, Inc. in the amount $19,240.08.ACTION: Approved and awarded Bid No. 067-
38 in the amount of $19,240.08 to Nieves Landscape, Inc., and
authorized the Mayor and City Clerk
to execute the contract on behalf of the City.FISCAL
IMPACT: Sufficient funds have been budgeted for landscape
maintenance services for FY 2007-08 in
the following account:293-7024-42430 I (Landscape Maintenance) $19,240.08 Note: This is
a partial award of this bid with Agreement No. 5114 receiving
the remainder
CITY COUNCIL MINUTES June 26, 2007
3. CONSENT CALENDAR (Continued)
3.14 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; and the Application for Leave to File a Late Claim be denied.
a. State Farm Insurance - Incident Date: May 15,2007 b.
AAA-Eva Armstrong
c. Danielle and Chester Farris
d. Kay Hagen - Incident Date: December 7, 2006 e.
Kay Hagen - Incident Date: January 23, 2007 f. Mark
and Sherri Clemens ACTION: Denied
Claim(s) for damages and referred to City Attorney and Adjuster.CONTRACTS 3.
15
Award of Contract - Bid No. 067-52; Installation of aboveground storage tanks at Fire Station
No.7, Police Sub-station, and fuel system upgrades to the Water Yard underground
fuel tanks Project. (A2100.0 Agr-5105)
SUMMARY: Bids for Installation of aboveground storage tanks at Fire Station No.7,
Police Sub-station, and fuel system upgrades to the Water Yard underground fuel
tanks Project were received and opened on June 14, 2007. Five bidders responded to
the Notice Inviting Bids. The apparent low bidder is Jem Industries, Inc. of Tustin, CA
for 306,
024.ACTION: Awarded the Contract in the amount of $306,024 to Jem Industries, Inc.
and authorized the Mayor and City Clerk to execute on behalf of the
City.FISCAL IMPACT: Sufficient funds are available to cover the award of this contract
in the following
accounts:
720-
5011-481105-9855
720-5023-484400-
9855 Fuel
Stations Renovations)
Fuel Stations
CITY COUNCIL MINUTES June 26, 2007
3. CONSENT CALENDAR (Continued)
3.16 Rejection of low bidder and award of contract to second low bidder - Bid No. 067-48;
Removal of underground storage tanks at Fire Stations No.5, No.7, Police Headquarters
and Police Substation. (A2100.0 Agr-5106)
SUMMARY: Bids for removal of underground storage tanks at Fire Stations No.5,
No.7, Police Headquarters, and Police Substation were received and opened on May
17, 2007. Eight bidders responded to the Notice Inviting Bids. The apparent low
bidder, ABC Environmental at $28,766.40, was unresponsive by not furnishing
required insurance and will be rejected. Bid will be awarded to the second lowest
responsible bidder Metro Environmental Services, Inc. of Ontario, CA for $39,870.
ACTION: 1) Rejected the low bidder ABC Environmental for failing to provide
proper insurance; and 2) Awarded the contract in the amount of $39,870 to Metro
Environmental Services, Inc. and authorized the Mayor and City Clerk to execute on
behalf of the City.
FISCAL IMPACT: Sufficient funds are available to cover the award of this contract in
the following accounts:
720-
5011-
481105-9855 720-
5023-484400-9855
Fuel Stations
Renovations)Fuel
Stations Renovations)359,729 40,006 3.17 Final Acceptance of Bid No. 067-
32; SP-3588; ADA Wheelchair Access Ramps at Various Locations, FY 2006-
07 and authorization to file Notice of Completion with the
County Recorder (No staff report required). (A2100.0 Agr-5054)SUMMARY:
Bid No. 067-32; SP-3588; ADA Wheelchair Access
Ramps at Various Locations, FY 2006-07.
Staff recommends acceptance of improvements. The contractor on said
job was Nobest, Inc.ACTION: Accepted public work improvements; authorized release of Contractors Bonding
and Insurance Company of Washington, Bond No. CE 7765 in the amount of 63,200.
00,
and authorized the
Mayor and City Clerk to execute the Notice of Completion.FISCAL IMPACT: None.3.18
Award of Contract - Bid No. 067-42; Old Towne Lighting Improvements on
Cypress Street, Lemon
Street and Olive Street from Sycamore Avenue to Walnut Avenue.A2100.
0 Agr-5108)SUMMARY: Bids for Old Towne Lighting Improvements on Cypress Street,
Lemon Street and Olive Street from Sycamore Avenue to Walnut Avenue were received, and
opened on May 10, 2007. Four bidders responded to the Notice Inviting Bids. The apparent
lowbidder is
CITY COUNCIL MINUTES June 26, 2007
3. CONSENT CALENDAR (Continued)
ACTION: I) Appropriated $19,905.00 from Fund 500, Unreserved Fund Balance of
the Capital Project General Fund to Account 500-5032-483300-
3041, Old Towne Lighting Improvements; 2) Approved transferring $55,970
from Fund 310 Contingency, to Account 310-9645-
483300-3041 Old Towne Lighting Improvements;3) Awarded thecontract in the amount of $134,
490.00 to Pouk & Steinle and authorized the Mayor and City Clerk to
execute on behalf of the City.FISCAL IMPACT: Upon appropriation,
funds will be available III the
Improvement Program in the following
accounts:550-5032-483300-3041 Developer
Contribution (Chapman University)310-9645-
483300-
3041 Community Development
Block Grant (CDBG)
500-5032-483300-
3041
Capital Project General Fund Capital 28,995.00 97,800.00 19,905.00 PERMITS
3.19 Request for NO FEE parking permits for the Assistance
League of Orange (10),First United Methodist Church (2)
and Orange Elderly Services (4). (Continued from May 22, 2007) (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.ACTION: Approved
the request and issue the parking permits, valid July 1,2007
thru
December 31, 2007.FISCAL IMP ACT: Loss
of $2,880 annual parking permit fees.RESOLUTIONS 3.20 RESOLUTION NO. 10203 (C2500.M)
A Resolution of the City Council of the City of Orange expressing appreciation
to Bill Wagner of the Public
Works Department
and commending him for more than thirty-five years ofloyal
and dedicated service.ACTION: Approved.3.21 RESOLUTION NO. 10174 (C2500.J.1.0.1)A
Resolution of the City Council of the City of Orange adjusting
the amountof the Park and Recreational Facilities Development Impact Fees for the implementation of Chapter 3.
40 of Title 3 of
the Orange Municipal Code and amending
the City'
CITY COUNCIL MINUTES June 26, 2007
3. CONSENT CALENDAR (Continued)
3.22 RESOLUTION NO. 10183 (C2500.J.1.0.1)
A Resolution of the City Council of the City of Orange adjusting the amount of the
Fees in Lieu of Dedication of Land for Park or Recreational Facilities under Chapter
16.60 of Title 16 of the Orange Municipal Code and amending the City's Master
Schedule of Fees and Charges.
ACTION: Continued to July 24, 2007.
3.23 RESOLUTION NO. 10181 (C2500.J.1.0.1)
A Resolution of the City Council of the City of Orange adjusting the amount of the
Library Facilities Fees under Chapter 3.50 of Title 3 of the Orange Municipal Code and
amending the City's Master Schedule of Fees and Charges.
ACTION: Continued to July 24, 2007.
MOTION - Murphy SECOND -
Bilodeau AYES - Murphy,
Cavecche, Dumitru, Bilodeau ABSENT - Smith Item
3.2 was
approved as amended; Item 3.6 was removed and heard separately; Items 3.21,3.22
and 3.23 were continued to July 24. 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.
6. REPORTS FROM BOARDS, COMMITTEES, AND
COMMISSIONS - None.Page 10
CITY COUNCIL MINUTES June 26, 2007
7. ADMINISTRATIVE REPORTS
7.1 Report from Personnel Director - Appropriation increases for Self Insured Employee
Dental Program. (C2500.J.4)SUMMARY:
Increases in Delta Dental insurance expenditures reqUire an appropriation increase
for both the current and upcoming fiscal years.MOTION -
Dumitru SECOND - Bilodeau
AYES - Murphy, Cavecche,
Dumitru, Bilodeau ABSENT - Smith Moved to
authorize the following
appropriations from the unreserved fund balance of the Self Insurance-Dental (752) Fund:An
appropriation of$15,
000 to 752-1413-426700, Delta Dental Admin. Fees, FY 06-07;An
appropriation of $100,000 to 752-1413-433400, Delta Dental Claims, FY
06-07;An appropriation of$15,000 to 752-1413-426700, Delta Dental
Admin. Fees, FY 07-08;An appropriation of$lOO,OOO to 752-
1413-433400, Delta Dental Claims, FY 07-08.FISCAL IMP ACT: Upon approval of
the requested appropriation, funds will be
available for
Delta
Dental
insurance expenses
as
follows:
FY 06-07:752-
1413-426700 752-
1413-433400
FY 07-
08:752-1413-426700
752-1413-433400
Delta Dental
Admin Fees
Delta Dental Claims 15,226 77,967 Delta Dental Admin Fees Delta Dental
Claims 57,400 352,600
Adequate unreserved fund balance is available in the SelfInsurance-Dental Fund (Fund 752) to
cover the requested appropriation increases.7.2 Report from Sr. Assistant
to the City Manager - Eighth Amendment to Information Technology (IT) Services
Agreement with ACS, Inc. for extending the agreement for an additional two years. (A2100.
0 Agr-0978.C.8)SUMMARY: In August 2004, the City
of Orange entered into a three-year
agreement
with ACS for information technology support services. The proposed Eighth Amendment extends the Agreement for an additional
two years.Discussion Rick Otto, Sr. Assistant to the City Manager, reported
that because the City is in the early stages of implementing a new financial management system,
staff is
CITY COUNCIL MINUTES June 26, 2007
7. ADMINISTRATIVE REPORTS (Continued)
Councilmembers Bilodeau and Murphy discussed the timing of the need to implement the
citywide FMIS system by the Finance Department, and going out to bid on IT services; noting
the problems that can occur ifthey are done simultaneously, and suggested a cautious approach
to these changes.
MOTION - Murphy SECOND -
Bilodeau AYES - Murphy,
Dumitru, Bilodeau NOES - Cavecche ABSENT -
Smith Moved to
approve the Eighth
Amendment to the Information Technology Services Agreement between the City of Orange
and ACS Enterprise Solutions, Inc., and authorize the Mayor and City Clerk to execute the
agreement on behalf of the City.NOTE: Mayor Cavecche voted No
because this contract has not been put out to bid in approximately 23 years. She stated
she would have been agreeable to a one year contract with a one year extension.8.
REPORTS FROM CITY MANAGER -
None.9. LEGAL AFFAIRS 9.1 ORDINANCE
NO. 14-07 (
FIRST READING) (A2500.0 Public Utilities)An Ordinance of the City
Council of the City of Orange Amending Article III (Cable Television System) of Title 13
of the City of Orange Municipal Code by adding a new Chapter 13.81 and amending the
title of Chapter 13.82.MOTION - Murphy SECOND - Bilodeau AYES -
Murphy, Cavecche, Dumitru,
Bilodeau ABSENT - Smith
Moved that Ordinance No. 14-07
be read by
title only and same was set for second reading by the preceding vote.Page 12
CITY COUNCIL MINUTES June 26, 2007
9. LEGAL AFFAIRS (Continued)
9.2 RESOLUTION NO. 10204 (A4000.0 APP-
0518-07)A Resolution of the City Council of the City of Orange Adopting
Mitigated Negative Declaration No. 1786-07, and Approving Conditional Use Permit No.
2647-07 and Design Review Committee No. 4214-07 to Allow the Remodel
of an Existing Commercial Structure Including Related Site Improvements to Create a 52-bay
Service Facility as an Ancillary Use to an Existing Toyota Automotive Sales Business on a
Parcel
Located at 1485 North
Tustin Street.Applicant: Sauers Construction, Inc.)NOTE: Councilmember Murphy noted an abstention on this item
due to a conflict of interest with his wife'
s employment; and
left the dais.
MOTION - Cavecche SECOND - Dumitru
AYES Cavecche, Dumitru, Bilodeau
ABSTAIN (RECUSED) - Murphy
ABSENT - Smith Moved to approve Resolution
No. 10204.10. RECESS TO THE MEETING OF THE
ORANGE
REDEVELOPMENT AGENCY 11. RECESS TO
CLOSED SESSION The City Council recessed at 5:30
p.m.NOTE: The City Council did not recess to a Closed Session and did not discuss
this item.a. Conference with Labor Negotiator pursuant to Government Code Section
54957.6:City Negotiators: Personnel Director Steven Pham and Personnel
Manager
Mike Harary Employee Organizations: Orange
Management Association Orange Maintenance and Crafts
Employees Association Orange Municipal
Employees Association Water Department
Employees Association 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.
CITY COUNCIL MINUTES June 26, 2007
7:00 p.m. Session
12. PUBLIC COMMENTS
Karen Finn, spoke on crime and code enforcement issues in West Orange.
13. PUBLIC HEARINGS
13.1 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 86-2 - SANTIAGO
HILLS. (L1200.0 LMD-
86-2)Time set for public hearing on the levy of annual assessments for costs of
maintenance and improvements for Landscape Maintenance District 86-2, which is located
within the Upper Peters Canyon Specific Plan
Area (Santiago Hills).Discussion - Assistant Public Works Director/City Engineer, Roger Hohnbaum
explained that the increase to fund labor and utilities is raising the FY 2007-08 cost
of landscaping services above the current maximum assessment, requiring the residents to vote on a
fee increase. He added that a property owner's vote is proportional to the dollar amount of
the assessment paid.MAYOR CA VECCHE OPENED
THE PUBLIC HEARING.THERE BEING NO SPEAKERS, MAYOR CA VECCHE
CLOSED
THE PUBLIC HEARING.Responding to a question by Councilmember Bilodeau, Mr. Hohnbaum reported
that the City-owned parcel includes a greenbelt and the fire
and police substation.Councilmember Bilodeau wanted to ensure that the City would not be
accepting dedication of rights~of-way for landscape
purposes in future developments.Mayor Cavecche reiterated her opposition to landscape assessment
districts in general, but cited the difficulties with this district in that it
includes multiple
homeowner associations.Council
Action:MOTION - Murphy
SECOND - Cavecche AYES - Murphy, Cavecche,
Dumitru,NOES - Bilodeau
ABSENT - Smith Moved
that the Council not participate in the ballot vote for Landscape Maintenance Assessment
District 86-2, either in favor or opposed to the assessment.
Page 14
CITY COUNCIL MINUTES June 26, 2007
13. PUBLIC HEARINGS (Continued)
The Election was conducted and the results announced, as follows:
YES Votes - $70,068.16 (30%)NO
Votes - $162,618.55 (70%)There being
a majority of the 566 total ballots cast in opposition to the increase in the assessment, the
Council voted on the resolutions needed to levy the FY 2007-08 assessment.RESOLUTION
NO. 10202 A
Resolution of the City Council of the City of Orange, California, declaring the results of the Property
Owner Protest Ballot Proceedings conducted for the Levy of Assessments related to the
Proposed New or Increase Assessments for Properties within Landscape Maintenance District
86-2, commencing in Fiscal Year 2007-
2008.MOTION - Cavecche
SECOND - Bilodeau AYES -
Murphy, Cavecche, Dumitru, Bilodeau ABSENT - Smith
Moved to approve
Resolution No. 10202.RESOLUTION NO. 10200
A Resolution of
the City Council of the City of Orange, California, Approving the Final Engineers Report for
the Annual Levy of Assessments and the Proposed New or Increase Assessments connected therewith
for Landscape Maintenance District 86-2, commencing in Fiscal Year
2007-2008.MOTION -
Cavecche SECOND - Bilodeau
AYES - Murphy, Cavecche,
Dumitru, Bilodeau ABSENT - Smith Moved to
approve Resolution No.
10200.RESOLUTION NO. 10201 A Resolution
of the City
Council of the City of Orange, California, Ordering the Levy of Assessments for Fiscal Year 2007-
2008 for Landscape Maintenance District 86-2.MOTION - Cavecche SECOND -
Bilodeau AYES - Murphy,
Cavecche, Dumitru, Bilodeau
ABSENT - Smith Moved to approve Resolution
No. 10201; noting
the assessments will remain at the current level.Page 15
CITY COUNCIL MINUTES June 26, 2007
13. PUBLIC HEARINGS (Continued)
13.2 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 82-1 (
SHADOW RIDGE). (L1200.0
LMD-82-1)Time set for public hearing to consider the dissolution of
Landscape Maintenance Assessment District 82-1 (Shadow Ridge), which is located westerly of Meats Avenue
in the vicinity of Marywood
and
Shadow Ridge Streets.Discussion Mayor Cavecche asked about the possibility of establishing
a homeowners association for some of the
lots in this area.City Attorney, David DeBerry explained that it is possible to establish an
association, but it is more difficult since the passage of Prop 218, and would require a vote
of the property owners.Councilmember Bilodeau asked what would happen if the lots
were not maintained adequately
by the property owners.Assistant City Engineer Roger Hohnbaum explained that any
maintenance issues would be addressed through the City'
s Code Enforcement Division.MAYOR CA VECCHE
OPENED THE PUBLIC HEARING Peter Homer, asked about the transition for maintenance of the
slopes, the irrigation system and enforcement issues if a homeowner chooses not
to maintain their slope.MAYOR CA VECCHE
CLOSED THE PUBLIC HEARING Mr. Hohnbaum reported that prior to turning the maintenance over to
the property owners, the City can alter the irrigation system so that it is tied to each
homeowners' property. He noted there are other slopes in the area that are maintained by private
property owners; and that homeowners can be forced to maintain their property
through Code Enforcement action.Landscape District Coordinator Howard Morris explained that the City
will continue to irrigate the slopes for a period of time; and will work with the homeowners
on a transition plan,whether they want to form their own association or
maintain the slopes privately.Mayor Cavecche wanted to ensure there was plan in place before
the maintenance is turned over to the homeowners; and asked if the homeowners would be able to
install fencing on the slope since it
is their
CITY COUNCIL MINUTES June 26, 2007
13. PUBLIC HEARINGS (Continued)
Mr. Hohnbaum reported there will be a transition period, but that no set time has been
established. He suggested staff can work with the homeowners and report back to Council
with an exact date for dissolution; but that a year should be more than enough time for this.
He also reported that the homeowners would be allowed to install a six foot fence on their
property once the district is dissolved.
Mayor pro tem Dumitru expressed concern that the homeowners have not been able to utilize
their own property because of the maintenance district.
City Attorney Mr. DeBerry explained that the homeowners have not been able to install fences
on their property up to this point because when this district was formed to maintain the slopes,
that precluded anyone from building any structure on the property which would prohibit
maintenance of the area.
Jim Devore, Associate Civil Engineer, explained the current maintenance contract expires July
2007 but can continue to operate with surplus funds for irrigation, but not maintenance.
Mr. Hohnbaum further explained there is currently approximately $10,000 in a surplus account
for this area; that approximately $2,000 is needed for yearly utilities; and the remaining $8,000
can go back to the City for maintenance along Meats or it can be used for further maintenance.
Council Action:
RESOLUTION NO. 10180
A Resolution of the City Council of the City of Orange ordering the dissolution of Landscape
Maintenance Assessment District 82-1 (Shadow
Ridge).MOTION - Dumitru
SECOND - Murphy AYES -
Murphy, Cavecche, Dumitru, Bilodeau ABSENT - Smith
Moved to approve
Resolution no. 10180; with direction to staff to work with the homeowners on a transition
plan to assume maintenance of the slope area; with the transition to be as timely as possible, but
no longer than one year.Page 17
CITY COUNCIL MINUTES June 26, 2007
13. PUBLIC HEARINGS (Continued)
13.3 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 94-1 (
SYCAMORE CROSSING). (L1200.0
LMD-94-1)Time set for public hearing to consider the levy of annual
assessments for Landscape Maintenance District 94-1, which is located in
the
Sycamore Crossing Tract.Discussion MAYOR CA VECCHE
OPENED THE PUBLIC HEARING Mark Sedam, spoke in opposition to the proposed increase; and
submitted photos
of existing maintenance concerns.MAYOR CA VECCHE
CLOSED THE PUBLIC HEARING Roger Hohnbaum, Assistant City Engineer, explained the association
will not receive any additional value with the proposed increase; but that the fees will just
cover
status quo annual maintenance.Mayor pro tem Dumitru spoke on the maintenance of the trail, noting
a concern that the homeowners are paying for an amenity that is enjoyed
by the entire city.Mr. Hohnbaum explained that this was a condition of approval for the
tract. He explained the County maintains the low flow portion of the flood control channel and
the high flow portion,which includes landscaping within the channel, is maintained by
the District because the County will not maintain landscaping facilities. It would also be
difficult to dissolve this district because the association would assume all facilities,
which includes the retirement
facility and city property.Councilmember Murphy explained that when the development was
approved, the concern at the time was to ensure there was adequate landscaping along the channel
and
not a cement channel.Mayor Cavecche stated she does not usually support these types of
districts, but realizes this was a condition of approval when the development was first approved and that
it does take care of some of the flood control area; also noting that notices were
sent out to homeowners informing them of the hearing and of the proposed assessment
increase. She requested staff look at some of the maintenance issues
raised by Mr. Sedam.Mayor pro tem Dumitru noted that direction to staff was to speak with
each of the homeowner associations to determine if the associations are able to take over
maintenance if the districts were dissolved. He confirmed with staff that no in depth discussions
have taken place with this homeowners association, noting that he can not make an informed
decision if all the
information is
CITY COUNCIL MINUTES June 26, 2007
13. PUBLIC HEARINGS (Continued)
Mr. Morris explained some of the problems associated with the landscaping, stating there was
an aggressive ground cover that got out of control and resulted in certain plants being removed.
Those plants will be replaced in July. There is also very compacted soil near the channel that
makes it difficult for plants to grow.
Councilmember Bilodeau agreed there needed to be more input from the members of the
homeowners association.
Mayor pro tem Dumitru asked staff to arrange a walking tour of this site.
Council Action:
RESOLUTION NO. 10196
A Resolution of the City Council of the City of Orange Confirming the Diagram and
Assessment and Providing for the Levy of the Annual Assessment for Special Maintenance
District 94-
1.MOTION - Bilodeau
SECOND - Dumitru AYES -
Murphy, Cavecche, Dumitru, Bilodeau ABSENT - Smith
Moved to continue
to July 24, 2007 at 4:30 p.m.; with direction to staff to meet directly with the members of
the homeowners association for more information.14. PLANNING AND
ENVIRONMENT - None.15. ADJOURNMENT - The City
Council Adjourned at 8:30 p.m.Declaration of City Clerk, Mary
E. Murphy, declaring posting of City Council agenda of a regular meeting of June 26, 2007
at Orange Civic Center kiosk, Police facility at 1107 North Batavia, and the Main Public Library at
407 E. Chapman; all of said locations being in the City of Orange and freely accessible to members of
the public at least 72 hours before commencement of said regular E~Ht ~CITY CLERK Page
19