HomeMy WebLinkAbout9_11_2007 - Council MinutesAPPROVED BY CITY COUNCIL ON SEPTEMBER 25, 2007
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
September 11, 2007
The City Council of the City of Orange, California convened on September 11, 2007 at 4:30
p.m. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange,
California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Jeff Hetschel, Chaplain, Orange County Fire Authority
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by City of Orange Fire Chief Bart Lewis
1.3 ROLL CALL
PRESENT - Smith, Murphy, Cavecche, Dumitru, Bilodeau ABSENT -
None.1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS In honor
of the September 11 remembrance, Mayor Cavecche acknowledged and thanked the
City of Orange Fire Department and Police Department for their service to the community.
Mayor Cavecche
announced the 11th Annual Inner-Coastal Watershed Clean-Up Day
on Saturday, September 15th.
2. PUBLIC COMMENTS - None.Pa2:
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CITY COUNCIL MINUTES September 11, 2007
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one
motion approving the recommended action listed on the Agenda. Any member of the
City Council, staff or the public may request an item be removed from the Consent
Calendar for discussion or separate action. Unless otherwise specified in the request to
remove an item from the Consent Calendar, all items removed shall be considered
immediately following action on the remaining items on the Consent Calendar.
3.1 Request Council Confirmation of warrant registers dated August 9, 16 and 21,
2007.
ACTION:Approved.
3.2 Request approval of City Council Minutes, Regular Meeting August 28, 2007.
RC2500.D.4)
ACTION:Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
AGREEMENTS
3.4 Second Amendment to Agreement No. 4151 with Shaw Environmental and
Infrastructure, Inc. for the monitoring and reporting of landfill gas activity at the
former Yorba landfill. (A2100.0 Agr-4151.
2)SUMMARY: An amendment to continue the monitoring and reporting of landfill
gas activity at Y orba under the current agreement on a month-to-month basis
for one year for the monthly amount
of $3,916.ACTION: Approved the Second Amendment to Agreement No.
4151; and authorized the Mayor and City Clerk to execute the amendment on behalf
of the City.FISCAL IMP ACT: Funds are available to cover the cost of the
agreement as follows:100-7001-
426700 Contractual Services $
CITY COUNCIL MINUTES September 11, 2007
3. CONSENT CALENDAR (Continued)
3.5 A Consultant Services Agreement with a private consulting firm, Willdan, to
provide overflow off-site plan check services, inspection and temporary
code enforcement staffing. (A2100.0
Agr-5141)SUMMARY: With the implementation of the
On-The-House-Permits program,additional plan review and inspection contract staffing will
be required to sustain the extra efforts necessary to manage the program in
addition to the regular department work load. Also a part-time contract Code
Enforcement Officer is
needed until the position is filled.ACTION: Approved and authorized the Mayor and
City Clerk to execute an agreement with
Willdan not to exceed $70,000.FISCAL IMP ACT: Funds in the amount of $70,
000
are available
in the following
accounts:Code Enforcement
Plan Check Admin.Plan Check
Admin.100-6032-427800 -
Other Contractual Services 100-6033-
426700-9795 -
Other Professional
100-6033-
427800 - Other Contractual Services 13,000
20,000 37,000 REMOVED AND HEARD SEP ARATEL Y)3.
6 Mills Act Contract
No. MAC-154.0-07 (Historic Property Preservation Agreements) (A2100.0 Agr-5129)
SUMMARY: A proposal to approve a Mills Act Contract for a
historic, single-family residence located within the Old Towne Orange Historic District.
Estimated costs associated with the repair, rehabilitation and maintenance performed by the owner for the (minimum
10 year) term of this contract
total is $81,210. Owner - Helms Family Trust, location: 252 N. Waverly Street.Discussion -
In response to Council questions on the Mills Act Agreements in
general,Community Development Director Alice Angus reported that an annual inspection is done on each
Mills Act property by the Historic Preservation Planner on staff; and that there
is
information on each
property kept on
file in the Community Development Department.MOTION -
Bilodeau SECOND - Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION: Approved and authorized the
Mayor and City Clerk to execute, a Mills Act Contract (Historic
Property Preservation Agreement) between the .City of Orange and the property
owner (Application No. MAC-154.0-07), for the preservation, restoration and/or rehabilitation
of a
qualified historic property
CITY COUNCIL MINUTES September 11, 2007
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: The City will incur a loss of property tax of approximately $91 per
year. An annual inspection fee will cover ongoing administration costs associated with
this program. The rehabilitation work will generate additional revenues from building
permit fees, and the local economy would benefit from expanded work by various
building contractors, and material suppliers.
REMOVED AND HEARD SEP ARATEL Y)
3.7 Mills Act Contract No. MAC-155.0-07 (Historic
Property Preservation Agreements) (A2100.
0 Agr-5130)SUMMARY: A proposal to approve a Mills Act Contract for
a historic, single-family residence located within the Old Towne Orange
Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed
by the owner for the (minimum 10 year) term of this contract total is $123,640.
Owner - Sara Chesters,location: 409
N. Shaffer Street.Discussion (see Item 3.
6 for discussion)
MOTION - Bilodeau SECOND -
Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ACTION: Approved, and authorized the Mayor and City Clerk to execute, a Mills Act
Contract (Historic Property Preservation Agreement) between the City of Orange and
the property owner (Application No. MAC-155.0-07), for the
preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a
reduced property
tax assessment.FISCAL IMP ACT: The City will incur a loss of property tax of
approximately $473 per year. An annual inspection fee will cover ongoing administration
costs associated with this program. The rehabilitation work will generate additional
revenues from building permit fees, and the local economy would benefit from expanded
work by various building contractors, and
material suppliers.Pa2:
CITY COUNCIL MINUTES September 11, 2007
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEP ARATEL Y)
3.8 Mills Act Contract No. MAC-156.0-07 (Historic
Property Preservation Agreements) (A2100.
0 Agr-5131)SUMMARY: A proposal to approve a Mills Act Contract for
a historic, single-family residence located within the Old Towne Orange
Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed
by the owner for the (minimum 10 year) term of this contract total is $67,650.
Owner - Donna Pyatt,location: 444
N. Shaffer Street.Discussion (see Item 3.
6 for discussion)
MOTION - Bilodeau SECOND -
Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ACTION: Approved, and authorized the Mayor and City Clerk to execute, a Mills Act
Contract (Historic Property Preservation Agreement) between the City of Orange and
the property owner (Application No. MAC-156.0-07), for the
preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a
reduced property
tax assessment.FISCAL IMP ACT: With the stepped-up basis from a recent sale of
the property the estimated Mills Act Property Tax Adjustment will yield an
estimated increase in property tax to the City in the amount of $168 per year. An annual
inspection fee will cover ongoing administration costs associated with this
program. The rehabilitation work will generate additional revenues from building permit fees,
and the local economy would benefit from expanded work by various
building contractors,
and material suppliers.REMOVED AND HEARD
SEP ARATEL Y)3.9 Mills Act Contract No. MAC-157.
0-07 (Historic Property
Preservation Agreements) (A2100.0 Agr-5132)SUMMARY: A proposal to approve a Mills
Act Contract for a historic, single-family residence located within the
Old Towne Orange Historic District. Estimated costs associated with the repair, rehabilitation
and maintenance performed by the owner for the (minimum 10 year) term of this contract total
is $72,715. Owner - Susan
Schmidt,location: 130 N. Harwood Street.Discussion (
see Item 3.
CITY COUNCIL MINUTES September 11, 2007
3. CONSENT CALENDAR (Continued)
MOTION - Bilodeau SECOND -
Smith AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau ACTION: Approved, and
authorized the Mayor and City Clerk to execute, a Mills Act Contract (Historic Property
Preservation Agreement) between the City of Orange and the property owner (
Application No. MAC-157.0-07), for the preservation, restoration and/
or rehabilitation of a qualified historic property in exchange for a reduced property tax
assessment.FISCAL
IMP ACT: The City will incur a loss of property tax of approximately $217 per
year. An annual inspection fee will cover ongoing administration costs associated with
this program. The rehabilitation work will generate additional revenues from building
permit fees, and the local economy would benefit from expanded work by various
building contractors, and material suppliers.REMOVED
AND HEARD SEP ARATEL Y)3.
10 Mills Act Contract No. MAC-158.0-07 (Historic Property
Preservation Agreements) (A2100.0
Agr-5133)SUMMARY: A proposal to approve a Mills Act Contract for a
historic, single-family residence located within the Old Towne Orange Historic
District. Estimated costs associated with the repair, rehabilitation and maintenance performed by
the owner for the (minimum 10 year) term of this contract total is $106,710. Owner -
Rory Heiman,location: 406 S.
Center Street.Discussion (see Item 3.6
for discussion)MOTION -
Bilodeau SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION:
Approved, and authorized the Mayor and City Clerk to execute, a Mills Act Contract (
Historic Property Preservation Agreement) between the City of Orange and the
property owner (Application No. MAC-158.0-07), for the preservation,
restoration and/or rehabilitation of a qualified historic property in exchange for a reduced
property tax
assessment.FISCAL IMP ACT: With the stepped-up basis from a recent sale of the
property the estimated Mills Act Property Tax Adjustment will yield an estimated
increase in property tax to the City in the amount of $336 per year. An annual inspection
fee will cover ongoing administration costs associated with this program.
The rehabilitation work will generate additional revenues from building permit fees, and
the local economy would benefit from expanded work by various building
contractors, and
material suppliers.Pa2:
CITY COUNCIL MINUTES September 11, 2007
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEP ARATEL Y)
3.11 Mills Act Contract No. MAC-159.0-07 (Historic
Property Preservation Agreements) (A2100.
0 Agr-5134)SUMMARY: A proposal to approve a Mills Act Contract for
a historic, single-family residence located within the Old Towne Orange
Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed
by the owner for the (minimum 10 year) term of this contract total is $69,950.
Owner - Lambert and Allen, location: 362
S. Pixley Street.Discussion (see Item 3.
6 for discussion)
MOTION - Bilodeau SECOND -
Smith AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau
ACTION: Approved, and authorized the Mayor and City Clerk to execute, a Mills Act
Contract (Historic Property Preservation Agreement) between the City of Orange and
the property owner (Application No. MAC-159.0-07), for the
preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a
reduced property
tax assessment.FISCAL IMPACT: The City will incur a loss of property tax of approximately $
4 per year. An annual inspection fee will cover ongoing administration costs
associated with this program. The rehabilitation work will generate additional revenues
from building permit fees, and the local economy would benefit from expanded work
by various building contractors, and
material suppliers.REMOVED AND HEARD SEP
ARATEL Y)3.12 Mills Act Contract No. MAC-160.0-
07 (Historic Property Preservation
Agreements) (A2100.0 Agr-5135)SUMMARY: A proposal to approve a Mills Act
Contract for a historic, single-family residence located within the Old
Towne Orange Historic District. Estimated costs associated with the repair, rehabilitation and
maintenance performed by the owner for the (minimum 10 year) term of this contract total
is $42,000. Owner - Nesbit-Hervey
Trust, location: 264 S. Olive Street.Discussion (
see Item 3.
CITY COUNCIL MINUTES September 11, 2007
3. CONSENT CALENDAR (Continued)
MOTION - Bilodeau SECOND -
Smith AYES - Smith,
Murphy, Cavecche, Dumitru, Bilodeau ACTION: Approved, and
authorized the Mayor and City Clerk to execute, a Mills Act Contract (Historic Property
Preservation Agreement) between the City of Orange and the property owner (
Application No. MAC-160.0-07), for the preservation, restoration and/
or rehabilitation of a qualified historic property in exchange for a reduced property tax
assessment.FISCAL
IMP ACT: The City will incur a loss of property tax of approximately $232 per
year. An annual inspection fee will cover ongoing administration costs associated with
this program. The rehabilitation work will generate additional revenues from building
permit fees, and the local economy would benefit from expanded work by various
building contractors, and material suppliers.REMOVED
AND HEARD SEP ARATEL Y)3.
13 Mills Act Contract No. MAC-161.0-07 (Historic Property
Preservation Agreements) (A2100.0
Agr-5136)SUMMARY: A proposal to a approve a Mills Act Contract for a
historic, single-family residence located within the Old Towne Orange Historic
District. Estimated costs associated with the repair, rehabilitation and maintenance performed by
the owner for the (minimum 10 year) term of this contract total is $144,720. Owner -
Mitchell and Tara Klasna, location: 545 S.
Grand Street.Discussion (see Item 3.6
for discussion)MOTION -
Bilodeau SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau ACTION:
Approved, and authorized the Mayor and City Clerk to execute, a Mills Act Contract (
Historic Property Preservation Agreement) between the City of Orange and the
property owner (Application No. MAC-161.0-07), for the preservation,
restoration and/or rehabilitation of a qualified historic property in exchange for a reduced
property tax
assessment.FISCAL IMP ACT: With the stepped-up basis from a recent sale of the
property the estimated Mills Act Property Tax Adjustment will yield an estimated
increase in property tax to the City in the amount of $642 per year. An annual inspection
fee will cover ongoing administration costs associated with this program.
The rehabilitation work will generate additional revenues from building permit fees, and
the local economy would benefit from expanded work by various building
contractors, and
material suppliers.Pa2:
CITY COUNCIL MINUTES September 11, 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.
a. Robyn J. Eidenmuller
b. Carol Farino
c. Joshua Kirk
d. Jocelyn Overly, Wilson Overly and Christopher Overly
e. Nancy Lund Springer
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.15 Final Acceptance of Bid No. 067-27; SP-3530; Lincoln Avenue
AHRP Project Street Rehabilitation Improvements from Berkeley Street to Tustin
Street and authorization to file Notice of Completion with the County Recorder (
No staff report required). (A2100.
0 Agr-5048)SUMMARY: Bid No. 067-27; SP-3530;
Lincoln Avenue AHRP Project Street Rehabilitation Improvements from Berkeley Street
to Tustin Street. Staff recommends acceptance of improvements. The contractor on said
job was All American Asphalt.ACTION: Accepted public work improvements;
authorized release of Fidelity and Deposit Company of Maryland, Bond No. 0880091 inthe amount
of $1,341,491.00;and authorized the Mayor and City Clerk to
execute the Notice
of Completion.FISCAL IMPACT: None.3.16 Final Acceptance of Bid No. 067-
48; SP-3596; Removal of Underground Storage Tanks at Fire Station No.5, No.
7, Police Headquarters, and Police Substation and authorization to file Notice of
Completion with the County Recorder (
No staff report required). (A2100.0 Agr-5106)SUMMARY: Bid No.
067-48; SP-3596; Removal of Underground Storage Tanks at Fire Station
No.5, No.7, Police Headquarters, and Police Substation. Staff recommends
acceptance of improvements.
The contractor on
CITY COUNCIL MINUTES September 11, 2007
3. CONSENT CALENDAR (Continued)
ACTION: Accepted public work improvements; authorized release of Western
Insurance Company of Nevada, Bond No. BSC20081 in the amount of $39,870.00; and
authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None.
3.17 Final acceptance of Bid No. 056-38; for Fiber Optic Traffic Signal
Interconnect and Communication System project (Citywide) and authorization to file Notice
of Completion with the County Recorder (No staff report required). (A2100.0
Agr-
4896)SUMMARY: Fiber Optic Traffic Signal Interconnect and Communication
System project (Citywide). The contractor on said job was KDC INC., dba
DYNALECTRIC.ACTION: Accepted completion of work and improvements; authorized release
of retention funds; and authorized the Mayor and City Clerk to execute the Notice
of
Completion.FISCAL IMPACT:
None.3.18 Cooperation and Reimbursement Agreement with the Orange
Redevelopment Agency relating to reimbursement by the Orange Redevelopment Agency for
the cost of a street monument and entry sign on Tustin Street in the vicinity of
Seba Avenue; and award a contract for Bid No. 078-13 - Street Monument and
Entry Sign at Tustin Street and Seba Avenue (SP-3616). (A2100.0
Agr-5137; 5138)See related Redevelopment Agency Minutes Item
No. 3.3)SUMMARY: The Cooperation and Reimbursement Agreement
provides for Agency reimbursement to the City of Orange of the Agency's share of costs incurred
for a street monument and entry sign located at Tustin Street and Seba Avenue in an
amount not to exceed $65,000. The project cost includes: award of contract in the amount
of $54,000,a 10% contingency ($5,400) and an estimated 10% for
construction engineering
cost 5,400).Ten bid proposals were sold for the project with only one bid received
and opened on August 16, 2007. The apparent low bidder is Elite Bobcat Service of
Corona in the amount
of $54,000.
RESOLUTION NO. 10216 A Resolution of the City Council of the City of Orange approving
a Cooperation and Reimbursement Agreement with the Orange Redevelopment
Agency relating to reimbursement by the Orange Redevelopment Agency of the cost of
a street monument and entry sign on Tustin Street in the vicinity
of Seba Avenue.
CITY COUNCIL MINUTES September 11, 2007
3. CONSENT CALENDAR (Continued)
ACTION: 1) Adopted Resolution No. 10216; and 2) Awarded the contract in the
amount of $54,000 to Elite Bobcat Service.
FISCAL IMP ACT: Sufficient funds are available in the Tustin Project - Taxable Bonds
Funds for this project. The Orange Redevelopment Agency will appropriate 65,
000 to Account 914-9800-485100-3100 (Street Monument and Entry
Sign) for construction and administration in a companion Agency
agenda
report.QUITCLAIMS 3.19 Quitclaim of an old Santa Ana Irrigation Company (S.A.V.I.) easement at
852 N.Fern 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 Safehaven LLC for the S.A.V.I. easement located at 852 N.
Fern Street.FISCAL
IMPACT: None.MOTION -
Bilodeau SECOND - Smith
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Items
3.6, 3.7, 3.8, 3.9, 3.10, 3.11, 3.12 and 3.13 were removed and heard separately.All
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.Pa2:e 11
CITY COUNCIL MINUTES September 11, 2007
7. ADMINISTRATIVE REPORTS - None.8.
REPORTS FROM CITY MANAGER - None.9. LEGAL
AFFAIRS 9.1
ORDINANCE NO. 17-07 (FIRST READING) (Continued from August 28, 2007)A2500.
0 Ord-17-
07)An Ordinance of the City Council of the City of Orange Repealing Chapter 12.64 of
the Orange Municipal Code and Adding a New Chapter 12.64 Relating to Encroachments in
the Public Right-
of- Ways.NOTE: Staff requested a continuance of this item to no
date certain.Mayor Cavecche noted that Councilmember Smith was working with staff on
this Ordinance.MOTION -
Smith SECOND - Cavecche
AYES - Smith, Murphy, Cavecche, Dumitru, Bilodeau Moved
to continue to no date certain.10.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11.
RECESS TO CLOSED SESSION NOTE:
The City Council did not recess.The
City Council will recess to a Closed Session for the following purposes:a.
To consider and take possible action upon such other matters as are orally announced by the City
Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates
any of the matters will not be considered in Closed Session.Pa2:
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CITY COUNCIL MINUTES September 11, 2007
12. ADJOURNMENT
The City Council Adjourned at 4:48 p.m. There was no 7:00 p.m. Session of the
September 11, 2007 meeting.
The next Regular Council meeting is scheduled for September 25, 2007.
Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a
regular meeting of September 11, 2007 at Orange Civic Center kiosk, Police facility at 1107
North Batavia, and the Main Public Library at 407 E. Chapman; all of said locations being in
the City of Orange and freely accessible to members of the public at least 72 hours before
commencement of said regular meeting.
Pa2:e 13