Loading...
9/28/2004 - Council Minutes - CC Minutes Reg Meeting APPROVED BY THE CITY COUNCIL ON OCTOBER 12,2004 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING September 28, 2004 The City Council of the City of Orange, California convened on September 28, 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 Steve Fiechter, Christ Lutheran Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Mark Murphy 1.3 ROLL CALL PRESENT - Ambriz, Mayor Murphy, Coontz, Cavecche ABSENT - Alvarez 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Recognition of Library teen volunteers for outstanding assistance during the 2004 "Birds of a Feather...Read Together!" Summer Reading Club by Senior Librarian Rosanne Miller. Mayor Murphy announced: . KTLA would be broadcasting the Morning News from Plaza Park on Friday, Oct 1 st . There will be a dedication of Serrano Park on October 5th. . There will be a departure ceremony for the California Army National Guard on Saturday, October 2nd. . There will be a Motorcycle Charity Ride to benefit the UCI Bum Center on Saturday, October 2nd, 2. PUBLIC COMMENTS Jim Gonzales, 931 W. Maple, spoke on the tree and sidewalk replacement in front of his property, Mike Boeck, 29531 Hillside Lane, of the Silverado Modjeska Recreation & Parks District, spoke on the need to coordinate the trail system between his District and the City. 1 CITY COUNCIL MINUTES September 28, 2004 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 September 28, 2004 at Orange Civic Center kiosk, Police facility at 11 07 North Batavia, Shaffer Park; 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 regnlar meeting; and available at the Orange Civic Center City Clerk's Office and Main Public Library at 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 September 9 and 16, 2004. ACTION: Approved. 3.3 Request approval of City Council Minutes, Regular Meeting, September 14, 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 August 31, 2004. (C2500.F) ACTION: Approved. 2 --_._-_._--_.~-~--_._. ---- CITY COUNCIL MINUTES September 28, 2004 3. CONSENT CALENDAR (Continued) AGREEMENTS 3.6 Agreement between the City of Orange and RJM Design Group, Inc. for the design services for Hart and Handy Softball Field Renovation Design Services, Reqnest for Proposal Nnmber 034-49. (A2100.0 AGR-4551) SUMMARY: Approval of the professional services agreement between the City and RJM Design Group, Inc. in an amount not to exceed $87,450 for design services for the Hart and Handy Softball Field Renovation Design Services ACTION: I) Approved the professional services agreement between the City and RJM Design Group, mc, in an amount not to exceed $87,450 for design services for the Hart and Handy Softball Field Renovation Design Services; 2) appropriated unappropriated funds in the amount of $50,000 from fund 511 (Quimby Park Acquisition and Development Fund) to 511-7021-4811 05-0030 (Hart Park Softball Field Renovation); and, 3) authorized the Mayor and City Clerk to execute the agreement on behalf of the City. FISCAL IMP ACT: After the appropriation of funds from the fund balance, sufficient funds will be available in the following accounts: 511-7021-481105-0030 (Hart Park Softball Field Renovation): 320-7021-481200-0017 ( Handy Park Field Renovation Proposition 12): Total: $59,000 40,000 $99,000 (REMOVED AND HEARD SEPARATELY) 3.7 Declaration and Agreement of Covenants, Easements and Maintenance Obligations for the Trammel Crow Residential Luxury Apartment Complex. (A2100.0 AGR- 4531) SUMMARY: The Declaration and Agreement of Covenants, Easements and Maintenance Obligations will require Tranlillel Crow Residential, and their successors in interest, if any, to maintain the property in accordance with the entitlements issued for an upscale luxury apartment complex, The Agreement contains specific property maintenance standards and cannot be terminated, amended, altered or changed without written authorization from the City. Discussion: Councilmember Coontz thanked staff for their work on this agreement, noting the importance of a maintenance agreement to maintain the quality of a project, especially for large projects such as this, which will be in the City for a number of years, 3 CITY COUNCIL MINUTES September 28, 2004 3. CONSENT CALENDAR (Continued) Mr. Brad Perozzi, representing Tranlillel Crow, gave a brief update, stating that the hotel had been demolished and grading begun. His company expects units to be ready in approximately one year. He further stated that the new signage would be in place once the old hotel sign was taken down. MOTION - Coontz SECOND - Cavecche AYES - Ambriz, Mayor Murphy, Coontz, Cavecche ABSENT - Alvarez ACTION: Approved Declaration and Agreement of Covenants, Easements and Maintenance Obligations and authorized the City Manager to execute. FISCAL IMPACT: None. 3.8 CLAIMS (C3200.0) SUMMARY: The following claim(s) have been received and investigated by the City Attorney's Office and/or the Risk Manager. After a thorough investigation with the involved departments, it is the recommendation of the City Attorney's Office that the claim(s) be denied. a. Eduardo Orozco b. Inez Morales-Flores ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. CONTRACTS 3.9 Contract Change Order No.1; Bid No. 034-43; SP-3475; Municipal Parking Lot at 190 S. Olive Street. (A2100.0 AGR-4503) SUMMARY: Contract Change Order No, I authorizes payment for extra work at agreed prices, The total amount of Contract Change Order No. I is $19,794,87 ACTION: Approved Contract Change Order No, 1 in the amount of $19,794.87 to Popular Paver Rental for the extra work. FISCAL IMPACT: Funds are budgeted and are available in the following account: 940-9800-485100-9201 $28,000 (Merged Capital Projects) 4 __ _.___d~__ o___________.__ T CITY COUNCIL MINUTES September 28, 2004 3. CONSENT CALENDAR (Continued) 3.10 Bid No. 045-02; Award a contract to Southwest Coatings of San Pedro, for re- painting of traffic signal indications and controller cabinets. (A2100.0 AGR-4552) SUMMARY: Two bids were received for the contract to re-paint traffic signal indications and controller cabinets. Southwest Coatings submitted the lowest responsible bid in the amount of $134,000.00, ACTION: Appropriated $14,134.00 from Fund 262 (Unallocated Funds) to 262-5032- 483100-6469; accepted the bid submitted by Southwest Coatings, in the amount of $134,000.00; and authorized Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: Upon appropriation, funds for the first year of this project are available utilizing Capital Improvements Project accounts as follows: Account 262-5032-483100-6469 Measure M $134,000,00 3.11 Award of Contract - Bid No. 045-06; Project No. SP 3436; Center Street Sewer and Water Relocation Improvements. (A2100.0 AGR-4553) SUMMARY: The bids were opened on September 2,2004. Eight (8) bidders responded to the invitation for bids. The apparent low bidder is Nikola Corporation of Irvine, CA for $147,621.00. The Engineer's Construction Estimate is $166,537 including 10% contingencies, and 15% for construction engineering. ACTION: Awarded the contract in the amount of$147,621.00 to Nikola Corporation and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMP ACT: Funds are budgeted and are available in the following accounts: 500-2001-481200-9901 220-5022-426700 TOTAL: $143,177 (Main Library Expansion Project) $ 4.444 (Other Professional & Consulting Services) $147,621 3.12 First Amendment to Contract AGR-4371 for the installation of traffic striping, pavement markings and raised pavement markers at various locations within the City of Orange, Bid No. 034-17. (A2100.0 AGR-4371.1) SUMMARY: Sudhakar Company International was awarded a contract, on a competitive basis, for traffic striping for the City in November, 2003. The contract allows for annual renewals for up to two (2) years based on mutual agreement. It is proposed to renew the contract for FY 2004-2005 in an amount not to exceed $86,195,00, 5 CITY COUNCIL MINUTES September 28, 2004 3. CONSENT CALENDAR (Continued) ACTION: Approved first amendment to Contract AGR-4371 in an amount not to exceed $86,195,00 for installation of traffic striping, pavement markings and raised pavement markers at various locations within the City of Orange, and authorized the Mayor and City Clerk to execute the Amendment on behalf of the City. FISCAL IMPACT: Funds in the amount of $86,195.00 for this contract are budgeted in the 2004-05 fiscal year and are available utilizing Gas Tax Exchange Funds in the Contractual Services Account No. 273-5032-427100. 3.13 Amendment No.2 to Contract No. CP-0129 (AGR 4020) Whitecap Avenue Storm Drain Improvements (D-147) between the City of Orange and the Orange County Sanitation District (OCSD) under the Cooperative Projects Program. (A2100.0 AGR-4020.2) SUMMARY: Amendment No. 2 extends the term of the original contract overall completion from June 12,2004 to December 15,2004 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 Amendment on behalf of the City. FISCAL IMPACT: No fiscal impact. Funds have been previously appropriated for the projects. 3.14 Final Acceptance of Bid No. 034-43; SP 3475; Municipal Parking Lot at 190 S. Olive Street and authorization to file Notice of Completion with the County Recorder (No staff report required). SUMMARY: Bid No, 034-43; SP 3475; Municipal Parking Lot at 190 S, Olive Street. Contractor: Popular Paver Rental. Staff recommends acceptance of improvements. ACTION: Accepted public work improvements, authorized release of Lincoln General Insurance Company of Pennsylvania, Bond No. 66112666, in the amount of$130,597,81, and authorized the Mayor and City Clerk to execute the Notice of Completion. FISCAL IMP ACT: None. 6 . ___.__ ..-- - .. .- _u - -1 CITY COUNCIL MINUTES September 28, 2004 3. CONSENT CALENDAR (Continued) 3.15 Mills Act Contract No. MAC-106.0-04, (Historic Property Preservation Agreements). (A2100.0 AGR-4554) SUMMARY: A proposal to approve Mills Act Contract for a historic, multi-family residence located within the Old Towne Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by the owner for the (minimum IO year) term of this contract total $57,215. Location: 465 S, Olive Street. ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner, (application No. MAC-I06,O-04), for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. FISCAL IMPACT: Due to the long term prior ownership of the property the City only receives $220 in property taxes; with the stepped up basis of the new sale, including the estimated tax savings on the Mills Contract, the City will realize a gain in property tax of approximately $183 per year. 3.16 Mills Act Contract No. MAC-107.0-04, (Historic Property Preservation Agreements). (A2100.0 AGR-4555) SUMMARY: A proposal to approve Mills Act Contract for a historic, single-family residence located within the Old Towne Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by the owner for the (minimum 10 year) term of this contract total $67,685. Location: 313 W. Walnut Avenue, ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between the City of Orange and the property owner, (application No. MAC-I07.0-04), for the preservation, restoration and/or rehabilitation of a qualified historic property in exchange for a reduced property tax assessment. FISCAL IMP ACT: Due to the long term prior ownership of the property the City only receives $139 in property taxes; with the stepped up basis of the new sale, including the estimated tax savings on the Mills Contract, the City will realize a gain in property tax of approximately $69 per year. 7 CITY COUNCIL MINUTES September 28, 2004 3. CONSENT CALENDAR (Continued) DONATIONS 3.17 Donation of surplus bulletproof vests to the Iraqi police force via the Brotherhood of the Badge. (C2500.K) SUMMARY: The Foundation for Combating Terrorism and Transnational Crime, a 501 (c )(3) charitable organization, through the Brother of the Badge Program, is requesting any surplus vests to be sent to Iraq to equip the civilian police force. All equipment is given to the U,S, Marine Corps who in turn distribute the equipment to graduates of the Iraqi Police Academy. ACTION: Authorized the donation of surplus bulletproof vests to the Foundation for Combating Terrorism and Transnational Crime to be sent to Iraq for use by the civilian police force. FISCAL IMP ACT: None. RESOLUTIONS (REMOVED AND HEARD SEPARATELY) 3.18 RESOLUTION NO. 9906 (C2500.M) A Resolution of the City Council of the City of Orange supporting the Groundwater Replenishment System and the Joint Efforts of the Orange County Water District (OCWD) and the Orange County Sanitation District (OCSD) to identify and develop alternative sources for safe, reliable water supplies for Orange County. Discussion - Mr. Denis Bilodeau, President of the Orange County Water District, spoke in favor of the joint effort. Mayor pro tem Cavecche announced that she had been appointed to sit on the Groundwater Replenishment Task Force, and spoke on the benefits of this project. MOTION - Murphy SECOND - Cavecche AYES - Ambriz, Mayor Murphy, Coontz, Cavecche ABSENT - Alvarez ACTION: Approved. 8 ----------.------.-.----,---.--- . CITY COUNCIL MINUTES September 28, 2004 3. CONSENT CALENDAR (Continned) 3.19 RESOLUTION NO. 9914 (C2500.M.16.1) A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 2004-07 adjusting lot lines of certain Union Pacific Railroad Right-of-Way from Palmyra Avenue to the South Property Line of Tract 3462 north of Fairhaven Avenue in the City of Orange, County of Orange, State of California. Owners: Union Pacific Railroad Company ACTION: Approved. 3.20 RESOLUTION NO. 9915 (A2500.0) A Resolution of the City Council of the City of Orange revising the Conflict of Interest Code for the City of Orange. ACTION: Approved, MOTION - Ambriz SECOND - Coontz AYES - Ambriz, Mayor Murphy, Coontz, Cavecche ABSENT - Alvarez Items 3.7 and 3.18 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 - None. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None. 9 CITY COUNCIL MINUTES September 28, 2004 7. ADMINISTRATIVE REPORTS 7.1 Report from the Police Chief pertaining to the allocation of Local Law Enforcement Block Grant (LLEBG) 2004 funds. (C2500.K) SUMMARY: The U.s. Department of Justice has made funds available under the FY 2004 LLEBG Program. Under this Program the City was allocated $30,245. This grant requires a cash match of$3,36l, for a total award of $33,606. The City's FY 2004 award date was July 23, 2004, and it has until October 21, 2004 to request these funds for purchases of equipment and technology related to law enforcement. The Advisory Board made a non-binding recommendation to allocate LLEBG 2004 funds and the cash match for the purchase of28 tasers for the Patrol Division and a Nikon digital camera for the Forensic Unit. Discussion Captain Jim Anderson stated that the purchase of the tasers has minimized the use of more aggressive techniques in enforcement. He added that no injuries have been associated with the use of the tool, and that 2,500 law enforcement agencies across the country are now using tasers. MOTION - Murphy SECOND - Cavecche AYES - Ambriz, Mayor Murphy, Coontz, Cavecche ABSENT - Alvarez ACTION: Appropriated funds for the LLEBG 2004 to the Police Administration Program for equipment as follows: 353-4011-471301-2246 (Federal Police Grants) $30,245 355-4011-471301-2246 (Federal Asset Forfeiture - 10% cash match) $3,361 Amended the FY 2004-05 Revenue Budget to reflect the receipt of the $30,245 grant revenue to account No. 353-4011-264500-2246. FISCAL IMPACT: There is no fiscal impact to the Federal Police Grant fund as the appropriation is offset by grant revenue. Unreserved fund balance is available in the Federal Asset Forfeiture Fund, After appropriation, funds will be available in the Administration Program budget for the LLEBG grant and cash match as follows: 353-4011-471301-2246 $30,245 Equipment 355-4011-471301-2246 $ 3,361 Equipment 10 r -- CITY COUNCIL MINUTES September 28, 2004 7. ADMINISTRATIVE REPORTS (Continued) 7.2 Status Report on Recreational Trails. (C2300.H) SUMMARY: The City Council at its June 8, 2004 City Council meeting requested a progress report on the Master Plan of Recreational Trails. Specifically, the City Council requested that staff provide an oral and written report on various trail proj ects and issues, including grant activity for trails. Additionally, staff is working with the Park Planning and Development Commission to prepare a comprehensive, short and long-term strategic plan for the implementation ofrecreation trails throughout the City. The Commission and City Council will conduct a joint study session in the near future to discuss the vision and goals for recreation trails and develop a comprehensive, strategic plan for implementation of recreation trails. The study session will include all past consultant work and community input, along with potential trail improvements for the short-term implementation. Discussion - Community Services Department Manager Gabe Garcia, summarized the report. Steve Lang, Purkiss Rose RSI, reviewed the original scope of work for their study. They had reviewed the Master Plan of Recreational Trails, looking at trails mostly in East Orange; identifying deficiencies of the trails; assessing policies for implementation and maintenance; gathering community input and developing a list of potential trail improvements that could be implemented, The main concerns of the community included key trail crossings, trail connections to link segments and provide direct access; trail safety; trail maintenance; enforcement of encroachments; cooperation with the city; funding; and the appointment of a trail coordinator and committee. James Basera, Purkiss Rose RSI, reviewed deficiencies they had found in their study, including regional linkages, key trail segments, conditions of existing trails, Americans with Disabilities Act compliance, signalized crossings and unsafe trail conditions adjacent to roadways. Public Comments The following people spoke on the trail issue, thanking Councilmember Coontz for her efforts in bringing this forward, and noting the importance of the Jamestown trail link and beginning implementation of these trails: Mike Boeck, Silverado Modjeska Recreation and Parks District; Chuck McNees, address on file; Marty Poort, address on file; Mark Sandford, address on file; Tom Davidson, address on file; Tom Anderson, address on file; Steve Borden, address on file, 11 CITY COUNCIL MINUTES September 28, 2004 7. ADMINISTRATIVE REPORTS (Continued) Councilmember Coontz raised the following points: Trails in East Orange date back to the 1950s and 60's and the first Master Plan dates back to 1973, noting that State law requires updating the Master Plan of Trails every ten years. The trails in East Orange have always been multi-use, not just horse trails; and because the City requires trails of developers, the City can not ignore the responsibility as a City for the trails. Trails throughout the City are linear parks, as she has pointed out previously, and are an asset to the city and an increase to the park system and to the city's capital holdings by millions of dollars. She asked if trails are included in the total acreage of the City's park system. It is important to address trails throughout the entire City, not just East Orange; and to follow through with the Jamestown trail. She noted that much of the increasing value can be credited to community groups who have spent time and money on improvements to the Creek and trails. She stressed the importance of appointing a committee to assist with this issue; and also the necessity for several joint study sessions with the Park Planning and Development Commission to discuss the various trail locations. She asked that the Council be educated on trails before joint study sessions are set up with the Park Commission. She commended the Park Planning and Development Commission, as well as Purkiss Rose RSI, on their work. She also wanted to ensure the Purkiss Rose study was available to the Council as well as to the public. Councilmember Ambriz asked about the status of Orange County Transportation Authority (OCTA) grant monies for purchase of additional property to be used for trails, He agreed with Councilmember Coontz that the Council needs to establish a vision and direct staff to develop a plan. City Manager Dave Rudat, responded that General Fund money has not always been available for trails due to other priorities; and suggested that the budgetary process would be the best time to make decisions to prioritize these issues, Mayor Murphy pointed out that because the railroad would not allow soil inspections of the railroad property, which could have possibly been used for trails, the City could not take advantage of the OCT A grant money. He also stated that the Park Planning and Development Commission had proposed recommendations and the Council needed to move ahead with a joint study session to allow for community input. Mayor pro tem Cavecche wanted to ensure that the Purkiss Rose study could be made available to the public; and asked for a written time line for holding community and study sessions, She noted that developers should be required for linking trails as part of their projects if they are near a trail system. Councilmember Coontz reiterated the need for more than one study session, as all the trails should not be combined together for discussion; and the need for a timeline. There needs to be a vision established and included within the Capital Improvement Budget. 12 __u._ ---.---.- n._ T . CITY COUNCIL MINUTES September 28, 2004 7. ADMINISTRATIVE REPORTS (Continued) Mr. Garcia reported that staff will meet with the Park Commission in October and determine a realistic timefranle to meet with the trail users, conduct study sessions on the prioritization with the Commission and then schedule a joint study session with the City Council, probably after January 2005. MOTION - Coontz SECOND - Murphy AYES - Ambriz, Mayor Murphy, Coontz, Cavecche ABSENT - Alvarez ACTION: Moved to receive status report on Master Plan of Recreational Trails; and direct staff to establish a time line for Study Sessions, first with the Park Planning and Development Commission to allow them an opportunity to finalize prioritization; and then establish a timeline for Joint Study Sessions with the City Council and Park Commission, including dividing the trail system into the East Orange connectivity plan and a separate session for the remainder of the trails which are non-equestrian, The Joint Study Sessions are to review recommended prioritization with a goal to establish at least one of the linkage projects before the end of this fiscal year; and also to involve community members who have offered their assistance. Off Ae:enda Item Request for temporary suspension of permit parking restrictions within Chapman University Permit Parking Area (downtown area); temporary closure of the municipal parking lot at Chapman Avenue and Lemon Street (lot C); and temporary street closures as determined necessary by the Police Department for duration of a special event at Chapman University. (S4000.S.3,1.2,l) SUMMARY: Chapman University will be holding a groundbreaking ceremony for the Lawrence & Kristina Dodge College of Film and Media Arts on October 6, 2004 between 3 :00 and 5:00 p.m, The ceremony will take place at the facility located at 326 W. Palm Avenue, the future site of the college, FISCAL IMP ACT: None. MOTION - Coontz SECOND - Murphy AYES - Ambriz, Mayor Murphy, Coontz, Cavecche ABSENT - Alvarez Moved to find, pursuant to Government Code Section 54954.2, that the above matter arose after the posting of the Agenda and there is a need to take immediate action. 13 CITY COUNCIL MINUTES Septernber28,2004 7. ADMINISTRATIVE REPORTS (Continued) MOTION - Murphy SECOND - Cavecche AYES - Ambriz, Mayor Murphy, Coontz, Cavecche ABSENT - Alvarez Moved to approve the temporary suspension of permit parking restrictions within Chapman University Permit Parking Area (downtown area); temporary closure of the municipal parking lot at Chapman Avenue and Lemon Street (Lot C); and temporary street closures as determined necessary by the Police Department around the site of future facility at 326 W. Palm Avenue on October 6,2004 between 2:00 p,m. and 5:00 p.m. 8. REPORTS FROM CITY MANAGER - None. 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 19-04 (SECOND READING) An Ordinance of the City Council of the City of Orange approving a Development Agreement by and between the City of Orange and CA- The City Limited Partnership for Development Projects on the "City Plaza Two Site" and the "605 Building Site", which are located North of Metropolitan Drive and East of Lewis Street (605 S. Lewis Street and One City Blvd. West) (A2100.0 AGR-4545) MOTION - Ambriz SECOND - Coontz AYES - Ambriz, Mayor Murphy, Coontz, Cavecche ABSENT - Alvarez Moved that Ordinance No. 19-04 be read by title only and Sanle was adopted and approved by the preceding vote. 9.2 ORDINANCE NO 20-04 (SECOND READING) An Ordinance of the City Council of the City of Orange anlending Section 8,28.050 of the Orange Municipal Code relating to storage of residential trash containers. (A2500.0 ORD-20- 04 Residential Trash Containers) MOTION - Coontz SECOND - Ambriz AYES - Ambriz, Mayor Murphy, Coontz, Cavecche ABSENT - Alvarez Moved that Ordinance No. 20-04 be read by title only and Sanle was adopted and approved by the preceding vote. 14 " _ uu."_ ____,___ - " " CITY COUNCIL MINUTES September 28, 2004 9. LEGAL AFFAIRS (Continued) 9.3 ORDINANCE NO. 21-04 (SECOND READING) An Ordinance of the City Council of the City of Orange approving the reclassification of property from OP (Office Professional) and R2-6 (Duplex Residential) to Public Institution- Specific Plan (PI-SP). (Z1500,O ZCG-1220-03 Immanuel Lutheran) Zone Change 1220-03 Applicant: Immanuel Lutheran Church MOTION - Coontz SECOND - Ambriz AYES - Ambriz, Mayor Murphy, Coontz, Cavecche ABSENT - Alvarez Moved that Ordinance No. 21-04 be read by title only and same was adopted and approved by the preceding vote, 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 6: 1 0 p.m. to a Closed Session for the following purposes: a. Public Employee Appointment pursuant to Government Code Section 54957 Title: Finance Director NOTE: The Council voted to approve the City Manager's appointment of Richard Jacobs to the position of Finance Director, b. Conference with Real Property Negotiator - Real property negotiations pursuant to Government Code Section 54956,8: Property: 125 N. Tustin Avenue City negotiator; Robert Stolhand and David De Berry Negotiating parties: City and Jacksonian Corporation Under negotiation: Price and terms of payment 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. 15 CITY COUNCIL MINUTES September 28, 2004 12. ADJOURNMENT - The City Council adjourned at 6:45 p,m. The next Regular Council meeting is scheduled for October 12,2004. ~ t1 M~URPHY CITY CLERK f11{.1M~ ARKA.MURP MAYOR . 16 - ---,-'