7/27/2004 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON AUGUST 10,2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING July 27, 2004
The City Council of the City of Orange, California convened on July 27, 2004 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 Danny Kurimay, Zion Christian Center
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Carolyn Cavecche
1.3 ROLL CALL
PRESENT -
ABSENT -
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
None
1.4 PRESENTATlONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Introduction and welcome to visiting students, and chaperone Sabrina Garcia, from
Orange's Sister City, Queretaro, Mexico, who are visiting Orange for a week as part of
an exchange program.
Presentation of Resolution No. 9891 to Steven P. Smith of the Public Works Department
Water Division, commending him for more than 30 years ofloyal and dedicated service.
The following employees received Service Awards: Nichole Velasquez - Community
Services; Wayne Winthers - City Attorney (not present); Jim DeVore - Public Works
(not present); Teri Easley - Public Works (not present); Janette Pichay - Public Works
(not present); Chris Boyd - Fire (not present); Chapman Shallcross - Fire (not present);
Kevin Southerland- Fire (not present); Howard Morris - Community Services; Ian
MacDonald - Fire; Mike King - Police; Greg Lewin - Fire; Stephen Spain - Finance;
Sharon Crawford - Economic Development; Patricia Helmick - Police (not present);
Richard MacKenzie - Public Works (not present); Jim Reichert - Economic
Development.
Councilmember Alvarez announced Mayor Murphy and Councilmember Ambriz both
had birthdays the previous week.
Mayor Murphy announced the premier ofthe City's new website.
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CITY COUNCIL MINUTES
July 27,2004
2. PUBLIC COMMENTS
Michael Merino, 5830 Indigo Court, spoke on an election Issue regarding ballot
designations.
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 Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council
agenda of a regular meeting of July 27, 2004 at Orange Civic Center north facing
kiosk, Police facility at 1107 North Batavia, the Shaffer Park Bulletin Board; all of
said locations being in the City of Orange and freely accessible to members of the
public at least 72 hours before commencement of said regular meeting; and
available at the Orange Civic Center City Clerk's Office and Main Public Library,
101 N. Center Street.
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 June 17 and 24 and July
1,2004.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, July 13, 2004.
(C2500.D.4)
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
3.5 Receive and file the City Treasurer's Report, period ending June 30, 2004.
(C2500.F)
ACTION:
Approved.
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CITY COUNCIL MINUTES
July 27,2004
3. CONSENT CALENDAR (Continued)
AGREEMENTS
(REMOVED AND HEARD SEPARATELY)
3.6 Renewal of Four (4) Landscape Maintenance Services Contracts for Fiscal Year
2004/2005 (A2100.0 Agr-3907.2, 2662.A.4, 2680.A.3, 4023.3)
SUMMARY: The City has four (4) separate contracts for landscape maintenance at
City parks, City facilities and public right-of-ways, assessment district areas, and water
well sites. The term of each contract is for one year, beginning and ending each fiscal
year, and the City has the option to exercise contract renewals each fiscal year through
2006. As such, staff is recommending that all four contracts be extended one year,
beginning July I, 2004 through June 30, 2005, and that the contract amounts will remain
the same as last fiscal year.
Discussion
Councilmember Ambriz asked about contractors being identifiable as they use their own
company trucks and company uniforms; and asked about future contract increases.
Gary Wann, Community Services Director, explained all contractors do wear their own
uniforms and their truck decals do represent their respective companies. He also
indicated these contracts will go out to bid next year.
MOTION - Ambriz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: 1) Approved Second Amendment to Landscape Maintenances Services
Contract with Nieves Landscape, Inc. in the amount of$200,597.28; 2) Approved Fourth
Amendment to Landscape Maintenance Services Contract with the Soto Company in the
amount of $289,319.27; 3) Approved Third Amendment to Landscape Maintenance
Services Contract with Pinnacle Landscape Company in the amount of$147,943.84; and;
4) Approved Third Amendment to Landscape Maintenance Services Contract with
Azteca Landscape in the amount of$69,064.20.
FISCAL IMP ACT: Sufficient funds exist in the following accounts:
100-7022-424301 (Landscape Maintenance):
100- 7022-427100 (Landscape Maintenance):
262-5021-424301 (Landscape Maintenance):
290-7025-424301 (Landscape Maintenance):
291-7026-424301 (Landscape Maintenance):
293-7024-424301 (Landscape Maintenance):
600-8041-424301 (Landscape Maintenance):
106,688.36
285,319.27
43,744.28
4,355.40
186,286.68
7,466.40
69,064.20
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CITY COUNCIL MINUTES
July 27,2004
Total
702,924.59
3. CONSENT CALENDAR (Continued)
3.7 Consultant Services Agreement between the City of Orange and Rengel + Co.
Architects for Hart Park Pool Building Renovation Design Services. (A2100.0 Agr-
4375.A)
SUMMARY: It is recommended that the City Council approve the award of consultant
services agreement between the City and Rengel + Co., Architects in an amount not to
exceed $40,000 for design services for the Hart Park Pool Building Renovation.
ACTION: Approved the consultant services agreement between the City and Rengel +
Co., Architects in an amount not to exceed $40,000 for design services for the Hart Park
Pool Building Renovation; and authorize the Mayor and City Clerk to execute the
agreement on behalf of the City.
FISCAL IMPACT: Sufficient funds exist in the following accounts:
310-9645-481200-0027 (CDBG Hart Park)
511-7021-481200-0027 (Hark Park Renovation)
Total:
$25,000
$15.000
$40,000
3.8 Second Amendment to Agreement Between the County of Orange and the City of
Orange for the Annexation of Unincorporated County Territory (A2100.0 Agr-
3946.2)
SUMMARY: Pursuant to a request by the County of Orange, the City and the County
negotiated an agreement for the annexation of the thirteen (13) unincorporated islands of
territory located within the City's corporate boundaries. The Second Amendment reflects
the changes to the terms relating to the Del Rio Project area annexation.
ACTION: 1) Approved the Second Amendment to Agreement for the Annexation of
Unincorporated County Territory and authorize the Mayor to execute, and the City Clerk
to attest, the agreement on behalf of the City; and 2) Authorized the City Manager to
carry out and implement the agreement and to administer the City's obligations,
responsibilities and duties to be performed thereunder.
FISCAL IMPACT: The Second Amendment details the General Plan and Zoning for a
portion of the unincorporated County Territory 4-0R-1 known as the Del Rio project
area. Further it confirms the Master Tax Agreement 80-93 on the distribution of property
tax funds as it pertains to the annexation of the Del Rio project area.
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CITY COUNCIL MINUTES
July 27,2004
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.9 Professional Services Agreement with Glorria Morrison for specialized Emergency
Preparedness training. (A2100.0 Agr-4248.A)
SUMMARY: The City of Orange is contracting with Glorria Morrison to provide
specialized Emergency Preparedness training. The contract amount is $45,000.
ACTION: Approved the proposed agreement for Emergency Preparedness trammg
between the City of Orange and Glorria Morrison in the amount of $45,000 and
authorized the Mayor and City Clerk to execute the agreement on behalf of the City.
FISCAL IMPACT: There are sufficient funds budgeted for Fiscal Year 2004-2005 in
account number 100-0000-427100 (Non-department - Contractual Services).
MOTION - Murphy
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to withdraw this item from the agenda and continue to no date certain.
BIDS
3.10 Bid No. 045-05; SP-3494, Rolling Green Drive Cul-de-sac Reconstruction, east of
Queens Gate Way. Approval of Plans and Specifications and authorization to
advertise for bids. (S4000.S.7)
SUMMARY: Plans and specifications have been completed for the reconstruction of the
Rolling Green cul-de-sac. The project is ready to be advertised.
ACTION: Approved plans and specifications and authorized advertising for bids for the
Rolling Green Drive cul-de-sac reconstruction, east of Queens Gate Way, SP 3494.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and are
available in the following account:
262-5021-483300-3120 $40,000 Local Street Maintenance
(REMOVED AND HEARD SEPARATELY)
3.11 Bid 045-02, Re-Painting Traffic Signal Indications and Controller Cabinets -
Approval of plans and specifications and request authorization to advertise for bids.
(S4000.S.3.3)
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CITY COUNCIL MINUTES
July 27,2004
3. CONSENT CALENDAR (Continued)
SUMMARY: City staff has identified 135 traffic signal locations within the City that
require repainting of existing traffic signal equipment as part of the City's ongoing
maintenance program. This project will provide the painting of signal equipment that
deteriorated over the years.
Discussion
Councilmember Ambriz expressed his concern with repamtmg the traffic signal
equipment when there exists a backlog of repairing city sidewalks. He inquired of the
allocation of funds and priority of projects.
Harry Thomas, Public Works Director, responded that the city has invested money in the
traffic lights and painting them is an important factor in their upkeep and maintenance.
He expressed that the source of the funds being used to maintain the traffic signals were
Measure M and TSIP Funds. He informed the Council that only Measure M money is
available for sidewalk repairs.
Councilmember Ambriz stated that sidewalks are a bigger priority for him and he would
not be supporting this item.
MOTION-
SECOND-
AYES
NOES
Cavecche
Alvarez
Alvarez, Mayor Murphy, Coontz, Cavecche
Ambriz
ACTION: Approved specifications and authorize advertising of Bid 045-02.
FISCAL IMPACT: Funds for the first year of this project are available utilizing Capital
Improvement Project Funds as follows:
262-5032-483100-6469
284-5032-483100-6469
MeasureM
TSIP AreaB
$ 60,000.00
$ 60.000.00
$ 120,000.00
3.12 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
c1aim(s) be denied. (C3200.0)
a. Anthony Beber
b. Rebecca Loeffler
c. The Richardson Group
d. Debra Von Trapp
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
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CITY COUNCIL MINUTES
July 27, 2004
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.13 Contract Change Order No.1 and Final; Bid No. 034-24; SP-3455; CDBG Project:
GlasseIl Street Reconstruction from Mayfair Avenue to Collins Avenue. (A2100.0
Agr-4440)
SUMMARY: Contract Change Order No.1 and Final authorizes payment for extra work
at agreed prices. The total amount of Contract Change Order No.1 is $42,206.81.
ACTION: Approved Contract Change Order No.1 and Final in the amount of $42,206.81
to R.J. Noble Company for the extra work.
FISCAL IMP ACT: Funds are budgeted and are available in the Capital Improvement
Program FY 2003-04 in the following account:
310-9645-483300-3016
CDBG-Glassell St. Reconstruction $42,206.81
3.14 Contract Change Order No.1 and Fiual; Bid No. 034-40; SP-3480; CDBG Project:
Americans with Disabilities Act (ADA) Wheelchair Access Ramps at Various
Locations, Fiscal Year 2003-04. (A2100.0 Agr-2182.A)
SUMMARY: Contract Change Order No.1 and Final authorizes payment for extra work
at agreed prices. The total amount of Contract Change Order No.1 is $16,875.00.
ACTION: 1) Approved Contract Change Order No. 1 and Final in the amount of
$16,875.00 to Damon Construction Company for the extra work. 2) Transferred
$16,875.00 from 310-9645-483400-5380 (CDBG - Shaffer Street Storm Drain
Improvements, Phase 2) to 310-9645-483300-1328.
FISCAL IMAPCT: Funds are available, upon transfer, in the following account:
310-9645-483300-1328 $ 16,875.00 (CDBG Funds- ADA Improvements)
(REMOVED AND HEARD SEPARATELY)
3.15 Contract Change Order No.1; Bid No. 034-36 Hart Park BandsheIl Renovations
(A2100.0 Agr-4478)
SUMMARY: Contract Change Order No.1 authorizes payment for extra work in the
amount of$ll,OOO.
Discussion
Councilwoman Coontz expressed her concern for the disabled attending the concerts at
Hart Park. She noted that the stairs are old and a safety hazard for the elderly and
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CITY COUNCIL MINUTES
July 27, 2004
3. CONSENT CALENDAR (Continued)
disabled. She suggested that federal funds be sought to address this issue and requested
Public Works and Community Services coordinate efforts on this.
Mayor Murphy requested that staff secure an additional access to Hart Park for the
disabled.
MOTION - Coontz
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved Contract Change Order No. I in the amount of $11,000 to Adnan
Farhat Construction, P.O. Box 91401, Long Beach, CA 90809 for the extra work.
FISCAL IMP ACT: Sufficient funds exist in the following account:
320-7021-481200-0027 (Proposition 12 Hart Park): $ 11,000
3.16 Final Acceptance of the installation of video displays and switching equipment in
the Traffic Management Center. (No staff report required.)
SUMMARY: Evans Consoles Inc. was awarded a contract on January 13, 2004 to install
the video displays and switching equipment as part of the construction of the City's new
Traffic Surveillance and Management Center. Total cost of this installation was
$95,073.17.
ACTION: Accepted public work improvement, authorize release ofretention funds, and
authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None.
3.17 Final Acceptance of Bid No. 034-40; SP 3480; ADA Wheelchair Access Ramps at
Various Locations, 2003-04 and authorization to file Notice of Completion with the
County Recorder (No staff report required).
SUMMARY: Bid No. 034-40; SP 3480; ADA Wheelchair Access Ramps at Various
Locations, 2003-04. Contractor: Damon Construction Company. Staff recommends
acceptance of improvements.
ACTION: Accepted public work improvement, authorized release of Arch Insurance of
Missouri, Bond No. SU 5007606, in the amount of $141,750.00, and authorized the
Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
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CITY COUNCIL MINUTES
July 27, 2004
3. CONSENT CALENDAR (Continued)
3.18 Final Acceptance of Bid No. 034-21; D-147; Whitecap Avenue from Orange-Olive
Road to Anchor Avenue Storm Drain Improvements and authorization to file Notice
of Completion with the County Recorder (No staff report reauired).
SUMMARY: Bid No. 034-21; SP; D-147; Whitecap Avenue from Orange-Olive Road to
Anchor Avenue Storm Drain Improvements. Contractor: Mladen Grbavac Construction
Company. Staff recommends acceptance of improvements.
ACTION: Accepted public work improvement, authorized release of Fidelity Deposit
Company of Maryland, Bond No. 8684706, in the amount of$340,810.00, and authorized
the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None.
3.19 Final Acceptance of Hart Park Bandshell Renovations; Bid No. 034-036. (No staff
report reauired)
SUMMARY: The City Council awarded Adnan Farhat Construction the contract for the
Hart Park Bandshell Renovations on April 27, 2004. The total cost of the renovations
was $48, 800.
ACTION: Accepted the Hart Park Bandshell Renovations; Bid No. 034-036, authorized
release of Lincoln General Insurance Company, California Performance Bond No.
66112505, in the amount of $37,800.00, and authorized the Mayor and the City Clerk to
execute the Notice of Completion.
FISCAL IMPACT: None.
3.20 Final Acceptance of Tot-Lot Equipment Replacement for EI Camino and Santiago
Hills Parks, Bid No. 034-37. (No staff report reauired)
SUMMARY: The City Council awarded Bid No. 034-37 to Vido Samarzich, Inc. on
April 13, 2004 for the replacement of Tot-Lot Equipment at EI Camino and Santiago
Hills Parks. The cost of the installation was $227,175.
ACTION: Accepted the completion of installation, authorized release of retention of
funds by Fidelity and Deposit Company of Maryland, Bond No. 08712072, in the
amount of $223,980, and authorized the Mayor and the City Clerk to execute the Notice
of Completion.
FISCAL IMP ACT: None.
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CITY COUNCIL MINUTES
July 27, 2004
3. CONSENT CALENDAR (Continued)
PURCHASES
3.21 Authorize the purchase of Street Sweeper Replacement Parts. (S4000.S.3.1.3)
SUMMARY: Request for approval to purchase replacement parts for the Elgin Street
Sweepers from Haaker Equipment Company in an amount not to exceed $95,000 and
from San Diego Rotary Broom not to exceed $50,000.00.
ACTION: Authorized the expenditure of $95,000.00 to Haaker Equipment from account
number 710-5023-447100 and $50,000.00 to San Diego Rotary Broom Co. from account
number 710-5023-447100; for a total amount of $145,000.00.
FISCAL IMPACT: There are sufficient funds in Account 710-5023-447100 (Parts and
Supplies).
3.22 Purchase of print and electronic periodical subscription services for Orange Public
Library facilities from Ebsco Subscription Services, in the amount of $36,000.
(C2500.I)
SUMMARY: This is a request that the City Council authorize a $36,000 purchase order
with Ebsco Subscription Services for print and electronic periodical subscription services
for the Main Library and the Taft and EI Modena branch libraries.
ACTION: Authorized purchase of print and electronic periodical subscriptions for
Orange Public Library facilities from Ebsco Subscription Services, in the amount of
$36,000.
FISCAL IMPACT: Sufficient funds exist in the following accounts:
100-2001-443101-0000 Books $12,500
100-2001-443101-9320 Electronic Resources $23,500
3.23 Purchase of print and non-print materials for Orange Public Library facilities from
Baker & Taylor, Inc., in the amount of $100,000. (C2500.I)
SUMMARY: This is a request that the City Council authorize a $100,000 purchase order
with Baker & Taylor, Inc., for print and non-print materials (i.e., books, videos, compact
disks, computer software, etc.) for the Main Library and the Taft and EI Modena branch
libraries.
ACTION: Authorized purchase of print and non-print materials for Orange Public
Library facilities from Baker & Taylor, Inc., in the amount of$IOO,OOO.
FISCAL IMPACT: Sufficient funds exist in the following account: 100-2001-443101
(Library Books) - $100,000.
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CITY COUNCIL MINUTES
July 27,2004
3. CONSENT CALENDAR (Continued)
REPORTS
3.24 Report on the California High Speed Train Project, City Comments. (T2200.0)
SUMMARY: City staff has completed the review of the Program EIR/EIS for the
California High Speed Train project. Comments and concerns relative to this project's
impacts on the City of Orange have been sent to the California High Speed Rail
Authority in Sacramento.
ACTION: Received and Filed report.
FISCAL IMPACT: None.
RESOLUTIONS
3.25 RESOLUTION NO. 9894 (C2500.M)
A Resolution of the City Council of the City of Orange expressing appreciation to Robert
D. Knaak of the Public Works Department and commending him for more than thirty-
five years of loyal and dedicated service.
ACTION: Approved.
3.26 RESOLUTION NO. 9895 (C2500.M)
A Resolution of the City Council of the City of Orange expressing appreciation to Jerry
W. Bailey of the Public Works Department and commending him for more than thirty-
four years of loyal and dedicated service.
ACTION: Approved.
3.27 RESOLUTION NO. 9896 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2004-05 combining three parcels of certain real property situated at 3063 West
Chapman Avenue in the City of Orange, County of Orange, State of California.
Owner: BRE Properties, Inc., a Maryland Corporation
ACTION: Approved.
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CITY COUNCIL MINUTES
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3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.28 RESOLUTION NO. 9900 (C2500.H)
A Resolution of the City Council of the City of Orange supporting the placement of an
Orange Fire Department Memorial Statue.
Discussion
Fire Chief Bonacker reported on the future plans for the relocation and construction of a
new Fire Station No.1 and the bronze statue that is being proposed for that Station.
Captain Tuggle announced that the fundraising goal to complete the statue was $80,000
to which the Fire Association has pledged a donation. All funds will be raised through
contributions from the community.
MOTION - Murphy
SECOND - Cavecche
A YES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION:
Approved.
SITE PLAN
3.29 Serrano Heights 9B Park (T4000.0)
SUMMARY: The City approved the Tentative Tract Map 16601 for the residential
development in Serrano Heights 9B. The Tentative Tract Map proposes a three-acre
neighborhood, passive park located south of Serrano Avenue and westerly of Anaheim
Hills Elementary School. The Park Planning and Development Commission at its
meeting on June 10, 2004 recommended approval of the final site plan of the three acre
park at Serrano Heights 9B.
ACTION: Approved the final site for the three-acre park in the residential development
of Tentative Tract Map 16601 in Serrano Heights 9B.
FISCAL IMPACT: The Conceptual plans, construction documents, and construction are
being prepared and funded by Sun-Cal.
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CITY COUNCIL MINUTES
July 27,2004
3. CONSENT CALENDAR (Continued)
TRACT MAP
3.30 Tract Map No. 14360 - Request for acceptance of the Public Streets and authorize
the release ofthe improvement bonds. (T4000.0)
SUMMARY: Tract Map No. 14360 has been completed. The tract includes Altaview
Drive, Avalon Avenue, Chadwick Parkway, Chatham Terrace, Norfolk Avenue,
Promontory Way and Scarborough Court. All lots are occupied. The public streets,
storm drains and sewers have been completed and approved.
ACTION: Accepted the public streets, storm drains and sewers for Tract 14360, which
includes Altaview Drive, Avalon Avenue, Chadwick Parkway, Chatham Terrace, Norfolk
Avenue, Promontory Way and Scarborough Court.
FISCAL IMPACT: None.
MOTION - Coontz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Item 3.9 was withdrawn from the Agenda. Items 3.6, 3.11, 3.15 and 3.28 were removed
and heard separately. All other items on the Consent Calendar were approved as
recommended.
END OF CONSENT CALENDAR
4. REPORTS FROM MAYOR MURPHY - None.
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Alvarez - Discussion of Patriot's Day Event in remembrance of
September 11, 2001. (C2900.0)
Discussion
Councilmember Alvarez requested support for this to become an annual event in remembrance
of 9-11 and to recognize the people who put their lives on the line-police and fire. He
suggested that this could be accomplished on a voluntary basis, but added that city staff would be
needed to provide some assistance. He also stated that this event needed to be separate from the
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CITY COUNCIL MINUTES
July 27,2004
5. REPORTS FROM COUNCILMEMBERS (Continued)
City's Veteran's Day event, and suggested that a service club in town might take this over from
the city.
Councilmember Ambriz had requested a financial report on the cost of all the city's annual
events, and added that there is money in the budget for the Veteran's Day event.
Councilmember Coontz also requested a report on the Veteran's Day event, noting that the City
needs to start working on these events early.
Mayor Murphy agreed with the suggestion that this be a volunteer-led event. He suggested that
Councilmember Alvarez put together a committee of volunteers and to notify the city if there
were any costs associated with using employees.
Councilmember Alvarez will meet with the City Manager to draft a proposal and will report
back. The Council all volunteered to assist with the event.
5.2 Councilmembers Alvarez and Coontz - Update on questions and concerns
regarding recent Recreational Vehicle Ordinances. (A2500.0 Ord-7-04)
Councilmember Coontz expressed concern that the public was not receiving information on the
newly adopted RV ordinance. It was requested that the information be disseminated in the
Orange Progress publication, website and on all public counters. She requested the review be six
months from the date of the ordinance's adoption. She hoped for enforcement of the law with
the recreational vehicles illegally parking, as well as people illegally living in their vehicles. She
also stated that the idea for the vehicles being parked on private property was not to allow
driving over curbs and sidewalks. She felt clarity of this and the meaning of the word pavement
was needed.
Councilmember Alvarez added that there needed to be clarification on the protocol of handling a
complaint of an illegally parked RV by the city.
City Manager Dave Rudat announced that August 9 was the targeted date for the Orange
Progress to be mailed to city residents to inform them 'of the new law, but that the police
department was already warning violators.
Community Development Director, Alice Angus, stated that in addition to a flyer which will be
distributed, staff is working on taping an informational program, as well as information on the
web site to apprise the public of the new law. They are tracking calls and documenting
problems.
City Manager Dave Rudat added that the city needed to address signage.
Councilmember Alvarez suggested a matrix be added to the flyer informing the public which
departments address what complaints.
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CITY COUNCIL MINUTES
July 27,2004
5. REPORTS FROM COUNCILMEMBERS (Continued)
Councilmember Ambriz requested that the flyer include the city logo and be more appealing and
readable to the readers.
Councilmember Coontz asked that the Council see all the complaints on this issue.
Councilmember Cavecche asked staff to investigate the problem ofRV camping within the city.
Mayor Murphy suggested there needs to be enforcement without putting a burden on the
taxpayers for additional signs and hopes to see a legal, but creative approach to the sign issue.
Off Agenda Item
Mayor pro tern Cavecche provided an update on the West Nile Virus and the efforts of the
Orange County Vector Control District. She provided suggestions on removing standing water,
keeping screen doors closed, and wearing insect repellant and long sleeves when outdoors.
Off Agenda Item
Pastor Barela Invited the community to the Unity in the Community event on Saturday, July 31 st.
from 10:00 a.m. to 3:00 p.m. at the Friendly Center.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Investment Oversight Committee Report for the year ending June 30, 2004.
(ORI800.0.27.16)
SUMMARY: This report summarizes the activity ofthe Investment Oversight Committee.
MOTION-
SECOND-
AYES
Murphy
Ambriz
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Received and Filed Report.
6.2 Report from the Interim Finance Director on the annual review and approval of the
Statement ofInvestment Policy (SIP) for Fiscal Year 2004-05. (ORI800.0.27.16.2)
SUMMARY: The City's existing Statement of Investment Policy, as well as California
Govemment Code Section 53646, requires that the City Council and any oversight committee of
the City annually review its Statement of Investment policy and adopt such a policy by a
resolution and vote of the City Council at a public meeting. The City's Investment Oversight
Committee and Investment Advisory Committee have reviewed the proposed Statement of
Investment Policy for Fiscal Year 2004-05 and recommend that the City Council adopt it as the
City's Statement of Investment Policy for Fiscal Year 2004-05.
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CITY COUNCIL MINUTES
July 27,2004
5. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
(See Redevelopment Agency Minutes Item No. 5.1)
Discussion
Councilmember Coontz asked for clarification on the report as the City needs to be able to
convey confidence and assurance to the community.
Mr. Rich Jacobs, Interim Finance Director, stated the City's investment policy is extremely
conservative and clarified the recommended changes to the investment policy. The first
recommendation, changing the investment ladder maturity, spreads out the portfolio which
makes investments safer. The second increases the dollar amount to be put into Federal
agencies. Federal investments are backed by the full faith by the Federal govemment and there
is no risk in these agencies. The third is increasing the investment in the Local Agency
Investment Fund (LAIF). This has been around for years and is operated by the State Treasurer,
not the legislature.
Mr. Jacobs also clarified that the Investment Committee thought it was beneficial to stay with the
current investment options and just increase dollar amounts as opposed to adding additional
options.
Mayor pro tern Cavecche expressed her original concern about LAIF, and thanked Mr. Jacobs for
clarifYing these state operated investments.
RESOLUTION NO. 9899
A Resolution of the City Council of the City of Orange approving and adopting a Statement of
Investment Policy for Fiscal Year 2004-05.
MOTION-
SECOND -
AYES
Ambriz
Alvarez
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Resolution No. 9899.
7. ADMINISTRATIVE REPORTS
7.1 Report from the Public Works Director on the Preliminary Plans and Negative
Declaration No. 1725-03 for the Chapman Avenue and Prospect Street Intersection
Improvement Project. (N1200.0 Neg-I725-03)
SUMMARY: The Chapman Avenue and Prospect Street Intersection Improvement Project will
improve the Northwest and Southeast quadrants of the intersection to allow the construction of
an exclusive right turn lane for southbound Prospect to westbound Chapman, and the
construction of a right turn lane for northbound Prospect to eastbound Chapman and bus turnouts
on Chapman Avenue.
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CITY COUNCIL MINUTES
July 27, 2004
7. ADMINISTRATIVE REPORTS (Continued)
The City prepared Mitigated Negative Declaration No. ENV 1725-03 to evaluate the potential
environmental impacts of the project, which concludes that with the implementation of certain
mitigation measures, the proposed project would not have significant impacts upon the
environment.
Discussion
Public Works Director, Harry Thomas, summarized the report and noted that no objections have
been received from property owners. He also stated that there will be minimum disruption of
recent upgrades to Chapman Avenue.
RESOLUTION NO. 9893
A Resolution of the City Council of the City of Orange approving Preliminary Plans for the
Chapman Avenue and Prospect Street Intersection Improvement Project and making certain
findings in connection therewith.
MOTION -
SECOND-
AYES
Alvarez
Ambriz
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Resolution No. 9893.
FISCAL IMPACT: Funds are budgeted and available in the Capital Improvement Program FY
2004-05 in the following accounts:
285-5011-483300-3226
550-5011-483300-3226
$ 371,065
$1.602,946
$1,974,011
TSIP AreaC
Measure M lIP
7.2 Report from the Community Services Director on Depot Park (C2500.M.4.17)
SUMMARY: The City Council at its meeting on July 13, 2004 recommended approval of
changing the name of Depot Park to Veterans Memorial at Depot Park. The City Council
requested staff to report back on any historical and/or logistical impacts resulting from the name
change, and an assessment of the damage to the Veterans Memorial resulting from the
vandalism. Based on staff review, the park name may be changed at the City Council's direction.
Additionally, it is recommended that the City Council appropriate funds in the amount not to
exceed $10,000 from Fund 511 (Quimby) for improvements to the Veterans Memorial.
PAGE1?
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CITY COUNCIL MINUTES
July 27,2004
7. ADMINISTRATIVE REPORTS (Continued)
Discussion
Community Services Director, Gary Wann, summarized his report on the current conditions of
the monument. After discussions with the materials manufacturer, it was decided on a plan of
repair that included frequent power washing, as well as sanding and sealing of the stone. He
reported that the biggest obstacle faced was vandalism. These repairs are to be done in the next
two to four weeks. He also reported no obstacles to the renaming of the park from an historic
perspective.
Councilmember Cavecche asked about a warranty or guarantee of the materials used. Mr. Wann
responded that due to the cause being vandalism, there were none.
Suggestions were put forth by council that dialogue with the young people in the community,
preferably by their peers, on the extent of the damage of skateboarding on the monument be
explored. Several suggestions were made on barriers being erected such as plantings or poles to
block access to the monument by skateboarders without detracting from the aesthetics of the
monument. It was suggested that the offenders receive severe community service penalties if
caught vandalizing the monument.
Mr. John Whiteriver, Veterans of Foreign Wars, thanked Council for their concern for the
monument and stated that the veterans' groups supported the change of the name He also
suggested that when the veterans went into the schools to teach the students about flag etiquette,
they also convey the significance of the monument and the importance of its preservation.
Mayor Murphy directed that the Chamber of Commerce, and other organizations, be notified on
the name change and directed staff to follow-up on the suggestions made.
MOTION-
SECOND-
AYES
Murphy
Alvarez
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: I) Approve renaming Depot Park to Veterans Memorial at Depot Park; and 2)
Appropriate funds from unappropriated reserves in Fund 511 (Quimby) in the amount of $1 0,000
to Account 511-7021-485100-0972 (Veterans Memorial Rehabilitation); and 3) give direction to
staff to find creative ways to preserve the Memorial, noting the suggestions given by the
Council.
FISCAL IMPACT: After the appropriation, sufficient funds exist in the following account:
511-7021-485100-0972 (Veterans Memorial Rehabilitation): $10,000
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CITY COUNCIL MINUTES
July 27,2004
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS-None.
10. NOTICED HEARINGS
10.1 Tax Exempt Financing to be Undertaken by the California Statewide Communities
Development Authority to Benefit Children's Hospital of Orange County and Certain
Affiliates. (S3500.A.8.1)
Time set for a hearing to consider the issuance of bonds, by the California Statewide
Communities Development Authority, in an aggregate principal amount not to exceed
$85,000,000, for the purpose of, among other things, financing or refinancing the acquisition,
improvement and equipping of certain health facilities owned or operated by CHOC. Pursuant
to Section 147(f) of the Internal Revenue Code of 1986, the issuance of the Bonds by CSCDA
must be approved by the City because the facilities are located within the territorial limits of the
City. The Citv of Orange does not have financialliabilitv for the issuance ofthis debt.
NOTE: A letter dated July 20, 2004 was received from the Applicant's representative
requesting this item be removed from the Agenda as they will be seeking tax exempt
financing directly through the State of California bond issuing authority.
RESOLUTION NO. 9897 (NOTE: Resolution No. 9897 was not adopted)
A Resolution of the City Council of the City of Orange approving a tax exempt bond financing
to be undertaken by the California Statewide Communities Development Authority to benefit
Children's Hospital of Orange County.
MOTION-
SECOND-
AYES
Coontz
Ambriz
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to withdraw this item from the agenda.
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
12. RECESS TO CLOSED SESSION
The City Attorney reported there was a need to add an item to the Closed Session relating to
Government Code Section 54956.9, Conference with legal counsel due to significant exposure to
litigation, one potential case.
MOTION - Murphy
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to find that there is a need to take an immediate action on the item presented by the City
Attorney and that need arose after the posting ofthe agenda.
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CITY COUNCIL MINUTES
July 27, 2004
12. RECESS TO CLOSED SESSION (Continued)
The City Council recessed at 7:00 p.m. to a Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 549576.
City representative: Steven Pham
Employee organizations: All bargaining groups
b. Conference with legal counsel due to significant exposure to litigation, one potential case; per
Government Code Section 54956.9
c. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
13. ADJOURNMENT
The City Council adjourned at 8:45 p.m. after Closed Session. There was no 7:00 p.m. Session
for the July 27th Council meeting. The next Regular Council meeting is scheduled for August
10,2004.
PAGE 20