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5/13/2003 - Council Minutes - CC Minutes Reg Meeting APPROVED BY THE CITY COUNCIL ON JUNE 10, 2003 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING May 13, 2003 The City Council of the City of Orange, California convened on May 13, 2003 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 Frank Riley, Orange Covenant Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilmember Ambriz 1.3 ROLL CALL PRESENT - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Councilmember Ambriz announced that on May 2nd, there was a Relay for Life event at Santiago Canyon College to raise money and awareness for cancer research. He noted it rained all night, but that did not dampen the spirits of the participants, who walked through the night, and raised $45,000. Councilmember Coontz thanked those involved in the Relay for Life event as well as City employees who also helped raise funds for cancer research. Mayor Murphy announced that Orange High School was the number one school in the nation, once again, in raising funds for Leukemia from their Pennies Drive. The school raised $32,570. Proclamation honoring Public Works Week, May 18 through 24, 2003 was presented to the Public Works Department. Those accepting the proclamation were: Harry Thomas, Roger Hohnbaum, Tom Mahood, Joyce Hansen, Lisa Mattert, Jamie Herbon, Jerry Bailey, Bob Von Schimmelman, Steve Smith and Bob Baehner. Proclamation honoring Library Volunteers Day, May 13, 2003, and the 166 Orange Public Library volunteers who have contributed 5,303 hours during 2002 was accepted by Jan Reichert, Library Volunteer Coordinator. The Mayor recognized Arlene Minor, Library Volunteer, for 4,000 hours of volunteer time. PAGE 1 CITY COUNCIL MINUTES May 13, 2003 2. PUBLIC COMMENTS Barbara deBoom, Chamber of Commerce, distributed new City maps, which were produced with the help of the Community Development Department. Betty Nuessley, 803-815 W. Maple, spoke regarding a $114 invoice she had received for an annual fire permit for apartment units. The City Manager's Office was directed to investigate this with Ms. Nuessley. 3. CONSENT CALENDAR TAPE 830 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 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of May 13, 2003 at Orange Civic Center, Main Library at 101 N. Center Street, Police facility at 1107 North Batavia, Shaffer Park, summarized on Time-Warner Communications and available on the City's Website www.cityoforange.org, 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. ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk. 3.2 Request Council Confirmation of warrant registers dated April 17 and 24, 2003. ACTION: Approved. 3.3 Request approval of City Council Minutes, Regular Meeting, April 22, 2003, and Adjourned Regular Meeting, April 29, 2003. ACTION: Approved. 3.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 3.5 Agreement between the City of Orange and Orange Elderly Services, Inc. SUMMARY: Annual agreement in the amount of $249,000 between the City and Orange Elderly Services, Inc. (OES) for the operation of senior programs for FY 2003-04. PAGE 2 CITY COUNCIL MINUTES May 13, 2003 3. CONSENT CALENDAR (Continued) ACTION: Approved the annual agreement between the City and Orange Elderly Services, Inc., in the amount of $249,000.00 to provide services for senior citizens at the Senior Citizens Center; and authorized the Mayor and City Clerk to execute the annual Agreement on behalf ofthe City. FISCAL IMPACT: Sufficient funds will be budgeted for FY 2003-04 in the following account: 100-7041-426700 (Contractual Services) $249,000.00 AGREEMENTS 3.6 C.O.P.S. Expo 2003 Contract SUMMARY: The Orange Police Department will be conducting the annual Community Organizations and Public Services (C.O.P.S.) Expo at the Mall of Orange, Saturday, June 7th, 11 :00 a.m. until 7:00 p.m. and Sunday, June 8th, 11 :00 a.m. until 7:00 p.m. As with last years' event, we anticipate over 50 agency/non-profit organization participants both inside and outside the Mall area, along with various center stage activities, including Welcoming Ceremonies on Saturday, June 7th at 12:00 noon. ACTION: Approved and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. FISCAL IMPACT: None. 3.7 Agreement between the City of Orange and California Forensic Phlebotomy, Inc. SUMMARY: California Forensic Phlebotomy, Inc. (CFP) conducts and analyzes blood, breath and urine evidence for the Police Department. The proposed Agreement is for the period July 1, 2003 through June 30, 2004. ACTION: Approved the Consultant Services Agreement between the City of Orange and CFP in an amount not to exceed $40,000 and authorized the Mayor and the City Clerk to execute the agreement on behalf of the City. FISCAL IMPACT: Funds are budgeted for fiscal year 2003-2004 in the following accounts: 100-4031-426700 (Detectives-Other Professional & Consulting Services) $15,000 and 100-4041-426700 (Traffic-Other Professional & Consulting Services) $25,000. 3.8 Agreement between the City of Orange and VisionAIR, Inc. SUMMARY: VisionAIR, Inc. is the vendor for the Police Department's computer-aided dispatch and records management system (CAD/RMS). The Consultant Services Agreement for software maintenance, for the period July 1, 2003 through June 30, 2004, will provide continued support and upgrade services for these systems. PAGE 3 CITY COUNCIL MINUTES May 13, 2003 3. CONSENT CALENDAR (Continued) ACTION: Approved the Consultant Services Agreement between the City of Orange and VisionAIR, Inc. in the amount of $71,311.98 and authorized the Mayor and the City Clerk to execute the agreement on behalf of the City. FISCAL IMPACT: Funds are budgeted for fiscal year 2003-2004 in account number 100- 4011-427800, (Administration- Other Contractual Services) for this purpose. 3.9 Agreement between the City of Orange and the Orange County Bar Foundation, Inc. for provision of Juvenile Diversion Services. SUMMARY: The Orange Police Department Juvenile Diversion Program is an alternative to formal processing of juvenile offenders who have exhibited personal or family needs, which might better be rectified by intervention at the local level. Services include: individual, small group, and family counseling; community service; restitution; employment referrals; educational workshops; and other individualized responses to specific problems. The Consultant Services Agreement is for the period July 1, 2003 through June 30, 2004. ACTION: Approve the Agreement between the City of Orange and the Orange County Bar Foundation, Inc. in the amount of $83,555; and authorized the Mayor and the City Clerk to execute the Agreement on behalf of the City. FISCAL IMPACT: Funds are budgeted for fiscal year 2003-2004 in account number 100- 4031-427800 (Detectives-Other Contractual Services). 3.10 Agreement with OCLC, Inc., (formerly Online Catalog Library Company) for comprehensive specialized work to clean up library catalog indexing records (also known as "authority control") of the Orange Public Library online catalog database, for an amount not to exceed $18,000. SUMMARY: With the upcoming implementation of a new integrated online library catalog following more than a decade of deferred database maintenance, the Library needs to upgrade indexing of the existing catalog. The $18,000 agreement with OCLC [please note: OCLC is the company's legal name; some years ago it was the Online Catalog Library Company, but today the firm simply uses the acronym]- planned as part of this year's CIP budget for the new online library catalog -- represents the most timely and cost-effective option for increasing catalog searchability. This item is before the City Council (rather than going to the City Manager) for action because the Library already has another agreement with OCLC that puts the total dollar amount of City agreements with this vendor above $30,000. ACTION: Approved and authorized the Mayor and City Clerk to execute an agreement for $18,000 with OCLC, Inc., for comprehensive indexing cleanup of the Library's online catalog database. FISCAL IMPACT: Sufficient funds exist in the following account: 790-2004-481303-9904 - Online Library Catalog - $18,000 PAGE 4 T CITY COUNCIL MINUTES May 13, 2003 3. CONSENT CALENDAR (Continued) (REMOVED AND HEARD SEPARATELY) 3.11 Approval of Memorandum of Understanding (MOU) for the State Route 22 Design- Build Project between the Orange County Transportation Authority and the City of Orange. SUMMARY: The proposed MOU establishes the general understanding and responsibilities of each party for implementation of the SR-22 widening project. Work would include realignment of freeway off-ramps and portions of roadway on Metropolitan Drive. Discussion Councilmember Coontz stressed the importance of coordinating this construction activity with OCTA, as this type of coordination was extremely important and helpful for the work done on the SR-55. For the SR-55 construction project, the City had a committee made up of Councilmembers and staff who worked with OCTA for the benefit of the residents and businesses in Orange. It was a first time activity in the way it was done, and it is her understanding that OCTA may be doing this same type of activity as OCT A pursues other freeway construction projects. She congratulated the Public Works Director for the job he does in pursuing activities like this for the benefit of the City of Orange and in initiating ideas that will be paid attention to by other cities in the County. Councilmember Alvarez stated as a member of the TCA Board, he has heard a lot about the good work done by Councilmember Coontz on this activity. MOTION - Coontz SECOND - Ambriz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Approved the Memorandum of Understanding between the City and OCTA., and authorized the Mayor and City Clerk to execute the MOU on behalf of the City. FISCAL IMPACT: This MOU does not financially obligate the City at this time. A cooperative agreement is to be negotiated to identify the City's share of realigning Metropolitan Drive, currently estimated at $3 million. 3.12 Cooperative Agreement between the City of Orange and the Orange County Flood Control District (OCFCD) for the Hartman Street/Fletcher Avenue Storm Drain Improvements (D-138), and OCFCD's quitclaim of Fletcher Street Storm Drain (EI0P01) facility and easements to the City. SUMMARY: The Cooperative Agreement between the City of Orange and the Orange County Flood Control District establishes the terms for OCFCD's quitclaim of EI0POl and funding participation for the City's storm drain improvement project PAGE 5 CITY COUNCIL MINUTES May 13, 2003 3. CONSENT CALENDAR (Continued) ACTION: Approved the Cooperative Agreement and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: No fiscal impact. 3.13 Cooperative Agreement between the City of Orange and the County of Orange for pavement rehabilitation of Chapman Avenue from Cliffway Drive to Equestrian Drive. SUMMARY: The Cooperative Agreement between the City of Orange and the County of Orange establishes the funding and respective responsibilities of each agency for the rehabilitation of Chapman Avenue. ACTION: Approved the Cooperative Agreement and authorized the Mayor and City Clerk to execute on behalf of the City; and appropriated $63,000.00 from unallocated reserves in Fund 340 to Account No. 340-5011-483300-4050. FISCAL IMPACT: Upon appropriation funds will be available in Fiscal Year 2002/03 in the following account: 340-5011-483300-4050 $63,000 TCRP (Traffic Congestion Relief Program) 3.14 Cooperative Agreement between the City of Orange and the County of Orange for pavement rehabilitation of Lincoln Avenue from the Santa Ana River to 800 feet west of Glassell Street. SUMMARY: The Cooperative Agreement between the City of Orange and the County of Orange establishes the funding and respective responsibilities of each agency for the rehabilitation of Lincoln Avenue. ACTION: Approved the Cooperative Agreement and authorized the Mayor and City Clerk to execute on behalf of the City; and appropriated $54,600.00 from unallocated reserves in Fund 340 to Account No. 340-5011-483300-4051. FISCAL IMPACT: Upon appropriation funds will be available in Fiscal Year 2002/03 in the following account: 340-5011-483300-4051 $54,600 TCRP (Traffic Congestion Relief Program) 3.15 Consultant Services Agreement with Siemens ITS in the amount of $98,396.00. SUMMARY: This will provide professional services for design, construction and implementation of the new state-of-the-art Traffic Surveillance and Management Center for the City. ACTION: 1) Approved Consultant Services Agreement with Siemens ITS in the amount of $98,396.00, and authorized Mayor and City Clerk to execute on behalf ofthe City; PAGE 6 . ['------'-' CITY COUNCIL MINUTES May 13, 2003 3. CONSENT CALENDAR (Continued) 2) Appropriated $244,840 into account 550-5032-483199-3126 (Reimbursed Capital Projects TSM ElectronicsNisual Data Links); and 3) Amended the Revenue Budget to reflect the receipt of Orange County Transportation Authority (OCTA) Signal Improvement Program Funds in the amount of $244,840 (Grant Year 99-00 $20,000 and Grant Year 00-01 $224,840). FISCAL IMPACT: Upon appropriation, funds will be available in the following account: $244,840.00 550-5032-483199-3126 TSM ElectronicNisual Data Links APPROPRIATIONS (REMOVED AND HEARS SEPARATELY) 3.16 Appropriation for Urban Streams Restoration Program Grant SUMMARY: The City in partnership with the Santiago Creek Greenway Alliance, was awarded the Urban Stream Restoration Program Grant in the amount of $150,000 for the restoration of Santiago Creek between Cambridge and the western City limits. The City needs to appropriate funds for the grant to pay for consultants, contractors and materials. Discussion Councilmember Coontz spoke on the benefits of this project which will improve the Santiago Creek. This is a project for clean up, restoration and replanting of the Creek between Cambridge and the western city limits. MOTION - Coontz SECOND - Ambriz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Appropriated funds for the Urban Streams Restoration Program Grant Fund as follows: 550-7021-481105-0967 Santiago Creek Restoration $150,000.00 Amend the revenue budget as follows: 550-7021-262900-0967 $150,000.00. FISCAL IMP ACT: After the appropriation is approved, sufficient funds will be available in the following account: 550-7021-481105-0967 Santiago Creek Restoration $150,000.00. (REMOVED AND HEARD SEPARATELY) 3.17 Appropriation for Land and Water Conservation Fund Grant for the Santiago Creek Bike Trail Project. SUMMARY: The City of Orange has been awarded a $255,073 Federal Parks Service Land and Water Conservation Fund Program competitive grant administered through the California State Parks for the Santiago Creek Bike Trail Project. The City needs to appropriate the grant funds to pay for consultants, contractors and materials. PAGE 7 CITY COUNCIL MINUTES May 13, 2003 3. CONSENT CALENDAR (Continued) Discussion Councilmember Coontz spoke on the benefits of this project, appreciating the efforts of everyone involved including City staff and the Santiago Creek Greenway Alliance and the volunteer help. Councilmember Ambriz spoke on the trail link to Grijalva Park and the potential for other links of this trail. MOTION - Coontz SECOND - Ambriz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Appropriated funds for the Land and Water Conservation Fund Program: 550-5011-486700-6099 Santiago Creek Bike Trail $255,073 Amended the revenue budget: 550-5011-261500-6099 Santiago Creek Bike Trail $255,073 FISCAL IMPACT: After the appropriation is approved, sufficient funds will be available in the following account: 550-5011-486700-6099 Santiago Creek Bike Trail $255,073 A partial local match will come from: 245-5011-486700-6099 SB 2766 Air Pollution Reduction (AQMD) 550-5011-486700-6099 Transportation Demand Management (OCTA) Total Local Match $ 90,250 99.931 $190,181 3.18 Appropriation for funds received from Metro Cities Fire Authority (Member Specific Account) SUMMARY: Request an appropriation of $24,68 1.27 for funds received by Metro Cities from the Member Specific account. This appropriation will provide funding for a future carryover request to fund the Metro Cities annual fee for next fiscal year. ACTION: Continued to May 27,2003. 3.19 Governor's Office of Emergency Services (OES) FY02 Domestic Preparedness Program Grant. SUMMARY: The Governor's Office of Emergency Services (OES) has authorized a reimbursable grant award in the amount of $32,180.99 with no cash match requirement. The funds are earmarked to purchase personal protective equipment for Police Department first responder personnel. PAGE 8 --,- CITY COUNCIL MINUTES May 13, 2003 3. CONSENT CALENDAR (Continued) ACTION: Appropriated $32,180.99 to Account No. 100-4021-449400-2249 (General Fund-Patrol-Safety Equipment-OES Domestic Preparedness) and amended the FY 2002- 03 Revenue Budget, Account No. 100-4021-263300-2249 for the anticipated OES reimbursement of$32,180.99. FISCAL IMPACT: The City of Orange was approved for a reimbursable grant award in the amount of$32,180.99 through the OES FY02 State Domestic Preparedness Program. 3.20 CLAIMS 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. Stephen Bayer b. Lindsey Hoffmann c. Barbara Riggins d. Sally Squillace ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster CONTRACTS 3.21 Notice of Completion and Acceptance for the Police Facility Floor Covering Replacement by Shaw Contract Flooring, dba Spectra Contract Flooring. (No staff renort required.) SUMMARY: On July 9, 2002 the City Council awarded a contract for flooring and carpet replacement throughout the Police Facility. The final cost of this project was $150,000. ACTION: Accepted public work improvement, authorized release of Travelers Casualty and Surety Company of America Proposal Bond No. 01 in the amount of ten percent (10%) of amount of bid ($15,000.00) and authorized the Mayor and City Clerk to execute Notice of Completion. FISCAL IMPACT: None. 3.22 Award of Contract - Bid No. 023-32; Project No. SP-3434; Community Development Block Grant (CDBG) - Americans with Disabilities Act (ADA) Wheelchair Access Ramps at Various Locations (Year 2002-2003). SUMMARY: This project will provide for construction of wheelchair access ramps conforming to the requirements of Americans with Disabilities Act at various locations citywide. PAGE 9 CITY COUNCIL MINUTES May 13, 2003 3. CONSENT CALENDAR (Continued) ACTION: Awarded of Contract - Bid No. 023-32 in the amount of $130,800 to the low bidder, Ranco Corporation, P.O Box 9007, Brea, CA 92622 and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: Funds are budgeted and available in the following account: 310-9645-483300-1328 $ 150,000 (Community Development Block Grant Funds- ADA Improvements) 3.23 Award of Professional Services Contract - Surveying and Base Plans for water main replacements. SUMMARY: The contract authorizes the Consultant to provide field surveying, research underground utilities and prepare base plans. ACTION: Awarded the contract in the amount of $51,975.00 to Joseph C. Truxaw & Associates, Inc., 265 South Anita Drive, Suite 111, Orange, CA 92868 and authorized the Mayor and the City Clerk to execute on behalf ofthe City. FISCAL IMPACT: Funds are budgeted and available in the following accounts: 600-8011-426200 $ 31,975.00 Engineering Services 601-8041-485100-8400 $ 20,000.00 Water Distribution-Pipeline Renewal 3.24 Award of Contract - Bid No. 023-33; Project SP-3435; Slurry Seal at Various Locations for Fiscal Year 2002-2003. SUMMARY: This project is part of the annual maintenance activities and is designed to prolong pavement life of various residential streets and parking facilities by slurry sealing. Two major arterial streets Chapman Avenue and Santiago Canyon Road from Newport to Jamboree under Assessment District 86-1 are included for slurry sealing in this project. The City facilities to be slurry sealed are: 1. Santiago Hills Park Parking Lot - 8040 E. White Oak Ridge 2. Handy Park Parking Lot - 2143 E. Oakmont Ave. 3. Olive Park Parking Lot - 2841 N. Glassell St. 4. Shaffer Park Parking Lot ~ 1930 N. Shaffer St. 5. Eisenhower Park Parking Lots - 2894 N. Tustin Ave. 6. Fire Station No.3 Parking Lots ~ 1910 N. Shaffer St. 7. Fire Station No.7 Parking Lots -7401 Fort Rd. (See staff report for other street locations and limits ofresidential streets.) ACTION: 1) Appropriated $38,470 from Fund 590 Assessment District 86-1 unappropriated reserves to Account No.590-5021-483300-3120 (Slurry Seal at Various Locations 02-03) for Chapman Ave. and Santiago Canyon Road construction costs. PAGE 10 --- --.----J CITY COUNCIL MINUTES May 13, 2003 3. CONSENT CALENDAR (Continued) 2) Appropriate $20,000 from Fund 272, unappropriated reserves, to account No. 272- 5021-483300-3120 (Slurry Seal at Various Locations 02-03) for the shortfall of Chapman Ave. and Santiago Canyon Road construction costs. 3) Awarded a contract in the amount of $494,204.00 to Roy Allan Slurry Seal, Inc., 11922 Bloomfield Ave., Santa Fe Springs, CA 90670, and authorized the Mayor and the City Clerk to execute on behalf of the City. FISCAL IMP ACT: Upon completion of recommended appropriation, funds shall be available in the following accounts: 262-5021-483300-3120 500-5021-481105-4997 272-5021-483300-3120 590-5021-483300-3120 $500,000 $195,000 $ 20,000 $ 38.470 Total: $753,470 (Local Street Maintenance) (Municipal Parking Lot Maintenance) (Gas Tax 2105) (Assessment District 86-1) 3.25 Second Amendment to Contract for Custodial Services (Civic Center Area Buildings) with Merchants Building Maintenance of California, LLC (Agreement No. 3649). Second Amendment to Contract for Custodial Services (Parks Restrooms and Community Buildings) with Merchants Building Maintenance of California, LLC (Agreement No. 4010). SUMMARY: The City has four contracts with Merchants Building Maintenance for custodial services at various City facilities. All four contracts will expire June 30, 2003. Three of the four have one-year extension options remaining, allowing them to be extended through June 30, 2004. The Second Amendment to Agreement No. 3649 adds a one-year extension option to that contract, thereby putting all four contracts on the same schedule and allowing the City to seek proposals simultaneously for custodial services at all affected City facilities. The Second Amendment to Agreement No. 4010 incorporates custodial servICes at Grijalva Park, which opened on April 19, 2003. ACTION: 1) Approved Second Amendment to Agreement No. 3649 - Contract for Custodial Services (Civic Center Area Buildings), and authorized Mayor and City Clerk to execute on behalf of City. 2) Approved Second Amendment to Agreement No. 4010- Contract for Custodial Services (Parks Restrooms and Community Buildings), and authorized City Manager to execute on behalf of City. 3) Authorized City Manager to notify Merchants Building Maintenance in writing of the City's desire to exercise one- year extension options for Agreement Nos. 3649, 4010, 3650 (Corporation Yard and Police Headquarters Buildings), and 4003 (Outlying Buildings). PAGE 11 CITY COUNCIL MINUTES May 13, 2003 3. CONSENT CALENDAR (Continued) FISCAL IMPACT: There is no additional fiscal impact to extending Agreement No. 3649, as the compensation set forth in the original contract will remain in effect. Sufficient funds will be available in Account Nos. 100-5027-424202 (Janitorial Services) and 100-7022-427100 (Contractual Services) to cover custodial services at Grijalva Park through Fiscal Year 2003-2004. 3.26 Amendment No. 2 to Master Plan of Sewers Agreement (Contract No. 0011) between the City of Orange and the Orange County Sanitation District (OCSD) Cooperative Projects Program. SUMMARY: The amendment extends the term of the original contract for an additional six (6) months in order to allow the City to satisfy all terms and conditions of the original contract. ACTION: Approved Amendment No.2 to the contract between the City of Orange and the Orange County Sanitation District and authorized the Mayor and City Clerk to execute the Amendments on behalf ofthe City. FISCAL IMPACT: No fiscal impact. Funds have been previously appropriated for the projects. 3.27 Amendment No.2 to Acquisition of Sewer Inspection Camera Agreement (Contract No. 0012) between the City of Orange and the Orange County Sanitation District (OCSD) Cooperative Projects Program. SUMMARY: The amendment extends the term of the original contract for an additional six (6) months in order to allow the City to satisfy all terms and conditions of the original contract. ACTION: Approved Amendment No.2 to the contract between the City of Orange and the Orange County Sanitation District and authorized the Mayor and City Clerk to execute the Amendments on behalf of the City. FISCAL IMPACT: No fiscal impact. Funds have been previously appropriated for the projects. LIBRARY HOURS 3.28 Request to close the Main Library on Friday-Saturday, August 29-30, during the 2003 International Street Fair. SUMMARY: Closure of the Main Library from 2-6 p.m. Friday, August 29, and from 10 a.m. - 6 p.m. Saturday, August 30, is requested to avoid competition with the International Street Faire downtown. PAGE 12 -T' CITY COUNCIL MINUTES May 13, 2003 3. CONSENT CALENDAR (Continued) ACTION: Closed the Main Library from 2-6 p.m. Friday, August 29, and from 10 a.m.-6 p.m. Saturday, August 30. FISCAL IMPACT: None. PURCHASES 3.29 Request authorization for sole source purchase and installation of fifty-three (53) uninterrupted power service (UPS) devices for traffic signals, also known as battery backup systems (BBS). SUMMARY: In anticipation of emergency and random electrical power outages, staff has identified 53 intersections for UPS/BBS installation. The installation of UPS/BBS units will provide for full traffic signal operation during blackout conditions, thus improving safety and enhanced traffic flow. In order to implement such a system, 53 specially designed cabinets, housing both the UPS/BBS unit and batteries must be purchased and installed. A list of intersections that will receive the battery backups is included in the staff report. ACTION: Approved the sole source purchase from Myers Power Products in an amount not to exceed $227,000. FISCAL IMP ACT: Funds for this project are available utilizing TSIP Area B funds in the Uninterruptible Power Supply Account No. 284-5032-483100-6466 in the amount of $125,000. The City applied for and was approved to receive $129,640 funding through The Battery Backup Systems (BBS) Funding Program administered by the California Energy Commission. $125,000 of funding is budgeted for this project. $129,640 of grant funding will be appropriated at time of award of contract. RESOLUTIONS 3.30 RESOLUTION NO. 9728 A Resolution of the City Council of the City of Orange amending Resolution No. 9702 and ratifying the execution of a Cooperation and Reimbursement Agreement by and between the City of Orange and the Orange Redevelopment Agency for the construction of public improvements - widening of West Chapman Avenue between the Orange Freeway (SR57) and Main Street. (See ORA Minutes Item No. 3.4) ACTION: Approved PAGE 13 CITY COUNCIL MINUTES May 13, 2003 3. CONSENT CALENDAR (Continued) 3.31 RESOLUTION NO. 9729 A Resolution of the City Council of the City of Orange authorizing certain staff to receive State and Federal Domestic Preparedness Grant Funds on behalf of the City. ACTION: Approved SPECIAL EVENTS 3.32 Request for temporary suspension of permit parking restrictions within Chapman University Permit Area (downtown area) for a special event. SUMMARY: Orange High School will hold their annual Baccalaureate and Graduation Ceremony at their campus on June 8th and June 13th, 2003. Due to anticipated attendance it may be necessary to park in the surrounding residential neighborhood, which restricts on-street parking except by Permit. ACTION: Approved the request of Orange High School and suspended the permit parking restrictions on Sunday, June 8, and Friday, June 13, 2003. FISCAL IMPACT: None TRACT MAP 3.33 Tract Map No. 16332 - Request for approval. SUMMARY: Tract Map No. 16332 creates a 25 lot single family Plan Unit Development at Heim Avenue and Canal Street. ACTION: Approved the Final Tract Map No. 16332, and accepted dedications of the water and sewer systems in easements as shown on the Tract Map. FISCAL IMPACT: None. MOTION - Alvarez SECOND - Cavecche AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Items 3.11, 3.16 and 3.17 were removed and heard separately. Item 3.18 was continued to May 27, 2003. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR ******** PAGE 14 - . T--- CITY COUNCIL MINUTES May 13, 2003 4. REPORTS FROM MAYOR MURPHY - None. 5. REPORTS FROM COUNCILMEMBERS - None. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None. 7. ADMINISTRATIVE REPORTS - None. 8. REPORTS FROM CITY MANAGER - None. 9. LEGAL AFFAIRS TAPE 1020 9.1 ORDINANCE NO. 3-03 (SECOND READING) An Ordinance of the City Council of the City of Orange amending Titles 16 and 17 of the Orange Municipal Code deleting the Staff Review committee and substituting the Community Development Director as the initial reviewing body for various land use applications. MOTION - Ambriz SECOND - Cavecche AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance No. 3-03 be read by title only and same was approved and adopted by the preceding vote. 9.2 ORDINANCE NO. 5-03 (FIRST READING) TAPE 1040 An Ordinance of the City Council of the City Of Orange amending Chapter 5.18 of Title 5 of the Orange Municipal Code pertaining to requirements for park dedication and the payment of fees in lieu thereof; and renumbering said Chapter 5.18 as Chapter 16.60 of Title 16 of the Orange Municipal Code. Discussion Mel Vernon, 2301 E. Hoover, spoke on the amount of the proposed fee increase and asked how the City arrived at a $888,230 valuation per acre. Councilmember Coontz asked for a summary of this proposal prior to any further discussion. Gabe Garcia, Community Services Manager, reported this Ordinance, known as the Quimby Ordinance, establishes standards and a formula for a dedication of land or a fee in-lieu of, as a condition of approval of a subdivision. The original Ordinance was adopted in 2000, and this is an amendment to increase the amount of the in-lieu fees. He reported the City is divided into two districts for calculation purposes - District 1 is all of Orange and District 2 is the land east of Newport Avenue; and a bi-annual review, which was discussed with the adoption of the original Ordinance, has resulted in this proposed update. Highlights of the proposed changes include the average number of persons per dwelling unit based on the 2000 Federal Census; the land value performed by the appraiser; and the calculation for the dedication of park land based on one acre. PAGE 15 CITY COUNCIL MINUTES May 13, 2003 9. LEGAL AFFAIRS (Continued) Based on this information, a fee increase is proposed in both Districts. He noted that prior to 2000, the City was deficient in fee calculations, and these new proposed fees are more accurate and reflect the current land values. In response to Councilmember Coontz, the Community Development Director noted the Quimby Ordinance covers any subdivision for two or more parcels. Mayor Murphy clarified that these fees would be recalculated if real estate values were to drop. Mr. Ireland, Consultant, reported the fee increases are driven mostly by property values and the acreage value was based on fully entitled property, not raw land. Councilmember Coontz asked if there was a built in trigger for new appraisals and what are the costs of appraisals? Mr. Ireland reported any dramatic shift in the real estate market will trigger a new appraisal, and appraisal costs would run between $7,000 and $8,000. Councilmember Coontz further asked if there is an audit system in place for the money collected and what is the decision making process for construction and improvements. All the construction moneys could be used up for improvements and would there be any predetermination made for how much will be for capital improvements and how much for rehabilitation? Mr. Garcia reported there is a time frame in which to spend the money. It is deposited in a Park Acquisition Development Fund and once collected there are five years in which to spend it for that subdivision. Mr. Garcia also noted the minimum park standard fee has been increased from $60,000 to $88,230 which adds to the costs in terms of the Quimby Fee for each of the classifications in District 1 and 2. Also, priorities have been set by the Council and Park Commission to determine the difference between improvements and rehabilitation. In response to questions by Councilmember Alvarez, Mr. Garcia further reported the Quimby Ordinance was originally set up with a biannual review; however, there is now an automatic adjustment in the minimum park fee standard and the Council has the prerogative to look at land values, the construction cost index and changes in average occupancy and can direct a review of this fee at any time. Mayor Murphy asked for a clarification between this discussion and the hearing scheduled for later in the Agenda on Park Development Impact Fees. Mr. Garcia explained the Development Impact Fees are fees for certain infill residential properties that are not part of a subdivision, such as dormitories, apartments and condominiums. Council Comments TAPE 1690 Councilmember Alvarez stated this is no different from what other cities are doing and IS necessary to keep up with the maintenance ofthe parks the City currently has. It is a part of PAGE 16 T .- CITY COUNCIL MINUTES May 13, 2003 9. LEGAL AFFAIRS (Continued) doing business and is not anti-growth or anti-developer. He thanked Mayor pro tern Cavecche for asking staff to look into this. Councilmember Coontz noted that many other cities have assessment districts, which help pay for parks. Mayor pro tern Cavecche noted the City's standard of 3 acres per 1,000 persons is low because Orange did not have a Quimby Ordinance in place when much of the building occurred prior to the late 1990's. She was glad this was in place as it will help with the new development to the east. She noted the Quimby Ordinance only applies to subdivisions and land that is already entitled. MOTION - Alvarez SECOND - Coontz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance No. 5-03 be read by title only and same was set for second reading by the preceding vote. 9.3 RESOLUTION NO. 9723 A Resolution of the City Council of the City of Orange revising certain standards, classifications and criteria and the amount of the park in-lieu fees for the implementation of Chapter 5.18 of the Orange Municipal Code and amending the City's Master Schedule of Fees and Charges. MOTION - Alvarez SECOND - Coontz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to adopt Resolution No. 9723. 9.4 ORDINANCE NO. 12-03 (SECOND READING) An Ordinance of the City Council of the City of Orange approving Zone Change No. 1216-02 to allow the prezoning of Annexation Areas 3-0R-2, 3-0R-3, 3-0R-4, 3-0R-5, 3-0R-7, 3-0R-8, 3- OR-9, 3-0R-I0, 3-0R-ll, 3-0R-12 and 3-0R-13 for annexation into the City of Orange. MOTION - Alvarez SECOND - Ambriz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance No. 12-03 be read by title only and same was approved and adopted by the preceding vote. PAGE 17 CITY COUNCIL MINUTES May 13, 2003 9. LEGAL AFFAIRS (Continued) 9.5 ORDINANCE NO. 13-03 (FIRST READING) TAPE 1900 An Ordinance of the City Council of the City of Orange amending Chapter 16.40 of the Orange Municipal Code Relating to Grading Requirements. MOTION - Alvarez SECOND - Ambriz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance No. 13-03 be read by title only and same was set for second reading by the preceding vote. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 5 :40 p.m. to a Closed Session for the following purposes: a. Conference with Legal Counsel - Significant exposure to litigation pursuant to Government Code Section 54956.9(b). (four potential cases). b. Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.9(a): 1) City of Orange v. Hurwitz, Orange County Superior Court Case No. 01CC04405 2) Hambarian v. City of Orange, Orange County Superior Court Case No. 03CC0957 3) Terra-Cal Construction, Inc. v. City of Orange, et aI., O.C.S.c. Case No. 02CC11738 c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiator: Personnel Director Steven Pham Employee Organizations: Fire and Police Associations d. 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. 7:00 P.M. SESSION 12. PUBLIC COMMENTS TAPE 1960 Arlen Craig, address on file, distributed information to the Council and spoke on the current deficit in park acreage in the City of Orange. Rick Cryder, address on file, asked that Yorba Park be opened and asked for direction from the Council on a proposed dog park. PAGE 18 T- CITY COUNCIL MINUTES May 13, 2003 12. PUBLIC COMMENTS (Continued) Mel Vernon, address on file, representing Keep Orange Clean spoke on the need to enforce City codes. 13. PUBLIC HEARINGS TAPE 2300 13.1 ORDINANCE NO. 8-03 - ACCESSORY SECOND HOUSING UNITS Time set for public hearing to consider an Ordinance amending Chapter 17.14 of the Orange Municipal Code in order to comply with a new state law regarding the development of accessory second housing units. In part, the new law prohibits discretionary review of accessory second housing units by cities and counties. Note: This proj ect 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) Staff Report The Community Development Director reported this proposed Ordinance is in response to State law. AB 1866 was adopted because of the housing crisis in California, to help remove barriers to affordable housing. Currently, the City requires a conditional use permit for a second unit in the R-l zone. However, with the new law, cities can no longer apply discretionary permit requirements. In order to maintain as much local control as possible, certain findings have been put into the Ordinance dealing with the Historic District. Under state law, if this is done, the City can still require that a project go through the design review process for those units proposed within Old Towne; and maintain size limitations for secondary units for both minimum and maximum. The maximum size is 640 square feet for an accessory second unit. The new law will allow second units in all multi-family zones and eliminates the requirement that one of the units on the property be owner occupied. The Community Development Director further reported the Planning Commission has reluctantly recommended approval of this Ordinance, recognizing it is a state mandated law; but has asked that Staff, when updating the General Plan, look at any of the burdens that accessory second units may impose upon areas of the City. Council Ouestions Mayor pro tern Cavecche stated she has a real problem with State legislators telling local government what they can do about housing and land use issues. She asked if any cities in California are fighting this and what would happen if this were not adopted. She asked why this proposal does not fall under CEQA guidelines with all the additional housing that could be developed. She also suggested staff start looking at setback and separation requirements to control this. PAGE 19 CITY COUNCIL MINUTES May 13, 2003 13. PUBLIC HEARINGS (Continued) The City Attorney reported he was not aware of any cities fighting this, and if the City does not adopt this Ordinance, requirements would revert to State law which are more lenient. For example, the City currently limits an accessory second unit to 640 square feet and state law allows a unit up to 1200 square feet. The Community Development Director agreed there could be a potential environmental impact in looking at the cumulative effect, but the state deems this as a single family home and can not be treated differently. The only exception may be in the Historic District. Councilmember Coontz stated this will forever change the traditional meaning of zoning as it has been known; and it is wrong for the protection of investments and property. She questioned the wording of the Ordinance and asked if they could change the wording so it does not appear the Council supports this issue, but are only following state law under direction. This is not a wonderful opportunity and it will affect the infrastructure of the City. It was mentioned that there could be some protection under homeowner associations. However, traditionally, homeowner associations are east of the 55 Freeway; and there was a period of time when Councils did not want to establish homeowner associations in Orange, one of the first being the Eichler tracts. Orange is bigger than just Orange Park Acres, Old Towne and Eichler tracts, which has thought about going on the National Historic Register, and the entire City needs to be looked at. Councilmember Coontz spoke on impacts to the infrastructure, such as sewage lines, and the accumulated problems that will occur throughout the City. She is not in favor of this Ordinance, but realizes it has to be supported. She expressed concern about the impacts to the infrastructure and asked how this will be addressed when the General Plan is revised; other discretionary rights; the six foot separation issue between buildings; storage between buildings; access for Police and Fire; open space requirements; and FAR requirements for the entire city. She also asked if this Ordinance has to be adopted at this time. Councilmember Coontz stated Orange has done a good job in addressing affordable housing and this is an insult to those cities who have done a good job. The Community Development Director stated the wording of the Ordinance could be modified to delete some of the State references. With regard to certain Districts and homeowner associations, she was not sure this state law could prohibit an association from having a stricter standard and this will be looked at extensively. This bill was adopted by the State legislature last year and cities have until July 1, 2003 to adopt their own Ordinance, and if not, development reverts to State requirements, which are more lenient. She noted there are open space requirements, which differ slightly within each zone, along with setback and height requirements, all of which remain in place and apply to all development on the lot. Councilmember Alvarez agreed this is a major problem as it essentially approves rental units throughout single family neighborhoods and will disrupt the existing landscape and expectations PAGE 20 CITY COUNCIL MINUTES May 13, 2003 13. PUBLIC HEARINGS (Continued) of City neighborhoods. He did not support this legislation and suggested the Council table this in order to develop stricter standards to alleviate some of the problems this will create. The Community Development Director reiterated that after July 1'" if an Ordinance was not in place, requirements would revert to state law and the City would not be able to subject units within Old Towne to any type of design review. Councilmember Ambriz stated that although there is an effort to maintain local control, the housing crisis and lack of affordable housing is not just a local issue, but has become a regional issue. This law was designed to help families and he understands why the bill was adopted and what the state legislature was trying to accomplish. Councilmember Coontz stated the problem is that the state continually orders up what local jurisdictions are supposed to do but does not offer any money towards it. Mayor Murphy stated that, unfortunately, this is an attempt to make a "one size fits all" solution; and while the state does its best to represent state issues, they should have more confidence in local legislators and provide some incentives and less mandates. MAYOR MURPHY OPENED THE PUBLIC HEARING Mel Vernon, address on file, was glad to see the Council opposed to this; and encouraged the formation of homeowner associations to protect neighborhoods. MAYOR MURPHY CLOSED THE PUBLIC HEARING The City Attorney suggested Council could strike the first three paragraphs in the proposed Ordinance, which refer to State concerns. Councilmember Alvarez stated he could not support this and suggested instead that the City do more to make building and zoning laws more restrictive to lessen the impacts of this; and unless this is opposed, they are condemning every neighborhood in the City to have rental units. Mayor pro tern Cavecche stated she could support Councilmember Alvarez' position if they had more time, but since this goes into effect July 1 st, it could leave the City in a worse situation than what is in place now. The responsible thing is to approve this - unfortunately. She agreed to strike the first three paragraphs of the Ordinance and suggested adding language to the Ordinance to the effect that the State legislature has no business mandating land use issues on the local level and the Council is doing this under protest. There is nothing more sacred than local government and being able to control what happens within its borders; and the state legislature has completely overstepped their bounds; and she could not understand why other cities are not taking legal action on this. She suggested that Staff immediately start reviewing setback requirements, separation requirements and do everything the City can do to mitigate whatever damage this will cause the neighborhoods in the City of Orange. PAGE 21 CITY COUNCIL MINUTES May 13, 2003 13. PUBLIC HEARINGS (Continued) Councilmember Coontz stated this Ordinance intimates that the City is not doing anything, whereas Orange has been struggling for years with housing issues. There have been numerous articles referring to the inability of local jurisdictions to deal with housing issues because of the lack of money; and the Council needs to indicate their displeasure with this Ordinance. She was also concerned about how quickly the City can address some of the issues that have been discussed. Councilmember Ambriz agreed the City is in a tough position and this puts some of the responsibility and flexibility onto residents to increase housing for family members. Mayor Murphy agreed to strike the first three paragraphs in the Ordinance and suggested adding language to the Ordinance that this change is being taken despite the opinion of the City Council that this is the wrong direction, that the City is taking this action based on state mandate and is being adopted on the basis of state direction rather than local logic. Councilmember Ambriz noted this legislation was adopted by the State in September 2002 and asked the City Manager's Office to keep a closer watch on issues such as this that affect the community and to keep the Council informed, especially when there is a time factor involved. Council Action: TAPE 4160 Find the Ordinance categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15305. MOTION - Murphy SECOND - Cavecche AYES - Ambriz, Mayor Murphy, Cavecche NOES - Alvarez, Coontz Councilmembers Alvarez and Coontz voted No because it will definitely affect the environment. ORDINANCE NO. 8-03 (FIRST READING) An Ordinance of the City Council of the City of Orange amending Chapter 17.14 of the Orange Municipal Code in order to comply with a new state law regarding the development of accessory second housing units. MOTION - Murphy SECOND - Cavecche AYES - Ambriz, Mayor Murphy, Coontz, Cavecche NOES - Alvarez PAGE 22 --'I CITY COUNCIL MINUTES May 13, 2003 13. PUBLIC HEARINGS (Continued) Moved that Ordinance No. 8-03, with the deletion of the first three paragraphs and the addition of two paragraphs to read, "Whereas, the City of Orange finds that land use issues are best decided at the local level; and Whereas, the City of Orange is approving this State mandate under protest" be read by title only and same was set for second reading by the preceding vote. Council directed staff to review, in a timely manner, issues on FAR, distances between buildings and storage between buildings, setbacks, parking, discretionary rights, infrastructure, traffic, safety access and crime. The Community Development Director indicated a report could be brought back to Council in approximately three months on most of these issues; however, infrastructure issues would be tied to the General Plan. TAPE 4420 13.2 PARK AND RECREATIONAL FACILITIES DEVELOPMENT IMPACT FEES Time set for public hearing to consider a proposal requiring the payment of park and recreational facilities development impact fees to serve a portion of the park and recreational needs of certain new residential development not covered under the City's Quimby Ordinance. Mr. Gabe Garcia, Community Services Manager, reported these development impact fees are for infill developments that are not part of the Quimby Ordinance, such as apartments, mobile homes and dormitories. The methodology used to determine these fees mirror that for the Quimby Ordinance, utilizing Districts 1 and 2. Criteria used to determine the fee include average occupancy per dwelling unit, the percentage of dedication of land based on one acre and the land value for each district. MAYOR MURPHY OPENED THE PUBLIC HEARING Phillip Bettencourt, 110 Newport Center Drive, consultant for Fieldstone, wanted to confirm for the record that based on this proposed calculation, the six acre park they are proposing for the Fieldstone development has a cash value of $5,329,000. Mel Vernon, address on file, asked if there was an audit mechanism in place to ensure these funds are used for land purchase or improvements and not for maintenance. MAYOR MURPHY CLOSED THE PUBLIC HEARING Councilmember Coontz asked for clarification on park improvements and park maintenance, noting the need to maintain parks so improvements are not necessary. She suggested a list be developed to differentiate between improvements and maintenance. Mr. Garcia noted the term maintenance refers to ongoing general operations and not capital improvements. PAGE 23 CITY COUNCIL MINUTES May 13, 2003 13. PUBLIC HEARINGS (Continued) Mayor pro tern Cavecche clarified that the Fieldstone development would not fall under these development fees. Councilmember Alvarez commended staff and the consultant for a great job in developing these fees, as it is a long time in coming and will benefit everybody. Council Action: MOTION - Alvarez SECOND - Ambriz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Adopted a report entitled, City of Orange Quimby Ordinance Background Report, dated December, 1999, prepared by Hogle-Ireland, Inc., as amended by a supplemental report prepared by Hogle-Ireland, Inc., dated March 11,2003. ORDINANCE NO. 10-03 (FIRST READING) An Ordinance of the City Council of the City of Orange adding Chapter 3.40 of Title 3 to the Orange Municipal Code pertaining to requirements for the payment of park facilities fees as a condition of approval for certain residential development projects. MOTION - Alvarez SECOND - Coontz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance No. 10-03 be read by title only and same was set for second reading by the preceding vote. RESOLUTION NO. 9724 A Resolution of the City Council of the City of Orange establishing the amount of 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's Master Schedule of Fees and Charges. MOTION - Alvarez SECOND - Cavecche AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to adopt Resolution No. 9724. PAGE 24 CITY COUNCIL MINUTES May 13, 2003 13. PUBLIC HEARINGS (Continued) TAPE 5280 13.3 LIBRARY FACILITIES DEVELOPMENT IMPACT FEES Time set for public hearing to consider a proposal requiring payment of library facilities development impact fees to serve the library services needs of new residential development in the City of Orange Nora Jacobs, Library Director, reported these fees are being proposed to fulfill the needs outlined in the City's Library Facilities Master Plan to serve the library services needs of new residential development in the City of Orange,. MAYOR MURPHY OPENED THE PUBLIC HEARING THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING The Council commended staff and the consultants for a great job in developing this report. These fees are a good investment that will improve the quality of life for everybody and is a long time in coming; and will serve as a adjunct to the Orange Unified School District. Council Action: MOTION - Cavecche SECOND - Coontz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Adopted the City of Orange Library Impact Fee Study, dated April 2, 2003, prepared by Maximus, Inc. ORDINANCE NO. 11-03 (FIRST READING) An Ordinance of the City Council of the City of Orange adding Chapter 3.50 of Title 3 to the Orange Municipal Code pertaining to requirements for the payment of Library Facilities Fees as a condition of approval for residential development projects. MOTION - Cavecche SECOND - Coontz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance No. 11-03 be read by title only and same was set for second reading by the preceding vote. RESOLUTION NO. 9725 A Resolution of the City Council of the City of Orange establishing the amount of the Library Facilities Development Impact Fees for the implementation of Chapter 3.50 of Title 3 of the Orange Municipal Code and amending the City's Master Schedule of Fees and Charges. PAGE 25 CITY COUNCIL MINUTES 13. PUBLIC HEARINGS (Continued) MOTION - Cavecche SECOND - Coontz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to adopt Resolution No. 9725 14. PLANNING AND ENVIRONMENT - None. 15. ADJOURNMENT MOTION - Alvarez SECOND - Coontz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche May 13, 2003 The City Council adjourned at 8:40 p.m. The next regular Council meeting is May 27,2003. Cub'(AA~ cP;;t-Af~-AA:;t CASSANDRA J. C HCART, CMC CITY CLERK iJttd~ M1!,t; MAYOR ......-.,- PAGE 26