10/12/2004 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON OCTOBER 26, 2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING October 12, 2004
The City Council of the City of Orange, California convened on October 12, 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 Assistant Pastor Jerrod Wagner, Plaza Bible Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Alvarez
1.3 ROLL CALL
PRESENT -
ABSENT -
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of a $704,00 donation to the Orange Public Library Foundation from
Immanuel Lutheran Church; proceeds from their annual Fourth of July Pancake
Breakfast.
Presentation of Mayor's Award to Mr. Frank Elfend, representing Del Rio, LLC, and Sun
Cal Companies for their $50,000 donation to the City of Orange Public Library
Foundation, to name the Adult Reference & Non-Fiction Area in the expanded Main
Library & History Center in honor of City of Orange Veterans.
Orange County CAST (Child Abuse Services Team) thanked the Orange Police
Department for their assistance to CAST.
Mayor Murphy announced:
Mayor's Prayer Breakfast will be held Thursday, October 21st, with the keynote
speaker, AC Green, former Laker.
The Community Foundation will host a fundraiser on Thursday, October 21 st
2. PUBLIC COMMENTS - None.
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CITY COUNCIL MINUTES
October 12,2004
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 Conncil
agenda of a regular meeting of October 12, 2004 at Orange Civic Center kiosk,
Police facility at 11 07 North Batavia, Shaffer Park; all ofsaid locations being in the
City of Orange and freely accessible to members of the pnblic at least 72 honrs
before commencement of said regular meeting; and available at the 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 Reqnest Council Confirmation of warrant registers dated September 23 and 30,
2004.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, September 28, 2004.
(C2500.D.4)
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
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CITY COUNCIL MINUTES
October 12, 2004
3. CONSENT CALENDAR (Continued)
AGREEMENTS
(REMOVED AND HEARD SEPARATELY)
3.5 Fonrth Amendment to Consultant Agreement with Curbside, Inc., for continuation
of the Door-to-Door Used Oil Collection Program and related services, funded by
the California Integrated Waste Management Board (CIWMB) Used Oil Block
Grants. (A2100.0 Agr-224.I.D.4)
SUMMARY: The City has continuously applied for and received annual Used Oil Block
Grants through the California Integrated Waste Management Board since 1994.
Approximately 90% of the annual grant funds are utilized for door-to-door used oil
collection and community outreach as provided by a vendor, Curbside, Inc, Staff wishes
to extend the agreement with Curbside, Inc. through June 30, 2005 for an amount not to
exceed the combined total ($106,201) of the current grant cycles: 8th (2002-03), 9th (2003-
04), and 10th (2004-05). This will enable the City to continue its successful used oil
collection services and public education programs,
Discussion - Councilmember Ambriz questioned the State's claim that the City had not
provided proper documentation, forcing the city to reimburse a portion of the grant funds
back to the state, He indicated that until this issue was resolved he would be unable to
support this item.
Public Works Director, Harry Thomas responded that according to the agreement, the
City had been compensated for this amount by the contractor, Curbside, Inc, He clarified
that the differences involved the billing methodology, He added that the City is pursuing
the issue in question with the Integrated Waste Management Board.
Councilmember Coontz raised questions on the extent of advertising of the program;
whether the City received recycle credit through the Landfill Diversion Program, and
noted that in addition to the used oil, fluorescent light bulbs, oil filters and latex paint are
also part ofthe recycling program.
Councilmember Alvarez requested that staff provide a response on the intemal audit
Issues,
City Manager, David Rudat stated that his office would report back on the issue.
MOTION:
SECOND:
AYES:
NOES:
Cavecche
Murphy
Alvarez, Mayor Murphy, Coontz, Cavecche
Ambriz
ACTION: Approved the Fourth Amendment to the Consultant Agreement with Curbside,
Inc., and authorized the Mayor and City Clerk to execute on behalf ofthe City,
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CITY COUNCIL MINUTES
October 12, 2004
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: This program is funded entirely by Used Oil Grant funds. Funds are
available in the following accounts:
220-5022-427100-5002 $31,774 (FY 02/03 8th Cycle Used Oil Block Grant)
220-5022-427100-5004 $37,527 (FY 03/04 9th Cycle Used Oil Block Grant)
220-5022-427100-5005 $36,900 (FY 04/05 10th Cycle Used Oil Block Grant)
3.6 Cooperative Agreement No. C-95-986 Amendment No. 7 between the City of
Orange and the Orange County Transportation Authority as a formal recognition
of Semi-Annnal Review adjustments to the Combined Transportation Funding
Program allocations and project scheduling. (A2100.0 Agr-2397.7)
SUMMARY: Semi-Annual reviews of project allocations and schedules between the City
of Orange and Orange County Transportation Authority staff result in needed
adjustments and project scheduling which accommodate project delay and accelerations.
Cooperative Agreement No. C-95-986 Amendment No. 7 formalizes the agreed upon
adjustments semi-annually.
ACTION: Approved Cooperative Agreement No. C-95-986 Amendment No, 7 and
authorized the Mayor and the City Clerk to execute the Agreement on behalf of the City.
FISCAL IMPACT: No impact on the budget.
3.7 Sewer Service Agreement - Request by Tony Jack Seeley to connect his property to
City of Orange sewer. (A2100.0 Agr--4562)
SUMMARY: Tony Jack Seeley, owner of residential real property located at 16772 East
Buena Vista Street (APN: 360-362-02) in an unincorporated area of the County of
Orange, has requested to connect his house sewer lateral to the City sewer main in Ocean
View Avenue. He has executed a Sewer Service Agreement with the City of Orange and
is requesting City Council approval.
ACTION: Approved the connection request from Tony Jack Seeley and authorized the
Mayor and the City Clerk to execute this Sewer Service Agreement on behalf ofthe City.
FISCAL IMPACT: None. The property owner has paid all connection fees.
3.8 An agreement with a private microfilming firm, Omega Microfilm Corporation, to
provide the transfer of plans and permits onto microfilm and provide minor
maintenance andlor repair to the Community Development Department's microfilm
reading eqnipment. (A2100.0 Agr-4012.A.l)
SUMMARY: The goal of the Building Division is to provide the staff and the public with
the ability to view permits and plans,
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CITY COUNCIL MINUTES
October 12, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Approved and authorized the Mayor and City Clerk to execute an amendment
to an existing professional service agreement with Omega Microfilming Corporation, not
to exceed an additional $20,000 for a total contract amount of $40,000,
FISCAL IMPACT: Funds in the amount of $20,000 are available in the following
account of the Plan Check Administration budget: 100-6033-426700 - Other
Professional and Consulting Services.
(REMOVED AND HEARD SEPARATELY)
3.9 First Amendment to Agreement between City and SCS Engineers for the
Environmental Site Assessment (Remedial Action Plan) at Grijalva Park Extension
(A2100.0 Agr-4297.1)
SUMMARY: Approval of first amendment to the professional services agreement
between the City and SCS Engineers in an amount not to exceed $52,934 for Remedial
Action Plan at Grijalva Park Extension. SCS Engineers completed the borings for the
Phase II Environmental Assessment on the landfill materials at the Grijalva Park at
Santiago Creek extension property.
Discussion - Councilmember Ambriz questioned the tests showing hazardous materials
present. He asked how much the cost would be to remedy this,
Community Services Director, Gary Wann, responded that the solution to the problem of
lead detection on site was to cap the area; however, until a study is complete, the cost is
unknown at this time.
MOTION-
SECOND-
AYES
Cavecche
Murphy
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved the first amendment of the professional services agreement between
the City and SCS Engineers in an amount not to exceed $52,934 for design services for
the Remedial Action Plan at Grijalva Park; and authorized the Mayor and City Clerk to
execute the agreement on behalf of the City.
FISCAL IMP ACT: Sufficient funds will be available in the following account:
510-7021-485100-0147 (Railroad Property Geotech Study) $52,934
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CITY COUNCIL MINUTES
October 12,2004
3. CONSENT CALENDAR (Continued)
3.10 Agreement between the City of Orange and Professional Turf Specialties, Inc. for
Landscape Maintenance of Soccer Fields at Grijalva Park (A2l00.0 Agr-4566)
SUMMARY: Approval of the Agreement for Professional Services between the City and
Professional Turf Specialties, Inc. in an amount not to exceed $16,800 annually for
landscape maintenance of the soccer fields at Grijalva Park at Santiago Creek.
ACTION: Approved the Agreement for Professional Services between the City and
Professional Turf Specialties, Inc. in an anlount not to exceed $16,800 annually for
landscape field maintenance of the soccer fields at Grijalva Park at Santiago Creek; and
authorized the Mayor and City Clerk to execute the agreement on behalf of the City.
FISCAL IMPACT: Sufficient funds for Professional Turf Specialties, Inc. exist in the
following account: 100-7022-427100 (Landscape Maintenance) $16,800
APPROPRIATIONS
3.11 The California Board of Corrections (BOC) Juvenile Accountability Block Grant
(JABG) 2004. (C2500.K)
SUMMARY: The BOC has authorized a reimbursable grant award in the anlount of
$19,002 with a cash match requirement of $2,111. The funds are earmarked for the
Orange Police Department Gang Enforcement/Target Unit Progranl, an information-
sharing system for law enforcement agencies, judicial courts, schools and intervention
services. The Program vision is to identify, isolate, control, educate, prosecute, and treat
juveniles who repeatedly commit serious delinquent or criminal acts, The grant will
cover operating costs, equipment purchases, materials and supplies such as books, tapes
and printing of panlphlets, production of a public information video; and a portable
CCTV Canlera to identify those juveniles involved in gang and graffiti-related activities.
ACTION: 1. Appropriated $19,002 from the General Fund, into the Gangs Progranl for
the JABG Grant as follows:
100-4032-426700-2245
100-4032-441600-2245
100-4032-471301-2245
$ 900
$ 5,628
$12,474
Professional and Consulting Services
Materials and Supplies
Equipment
2, Appropriated $2, III from Federal Asset Forfeiture Funds, into the Gangs
Progranl for the JABG Grant cash match as follows:
355-4032-426700-2245 $ 100 Professional and Consulting Services
355-4032-441600-2245 $ 625 Materials and Supplies
355-4032-471301-2245 $1,386 Equipment
3, Amended the FY 2004-05 Revenue Budget in the General Fund in the anlount of
$19,002 to reflect the receipt ofthe anlount of the BOC Grant.
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October 12, 2004
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Because the City of Orange was approved for a reimbursable grant
award in the amount of $19,002 through the BOC JABG funds, there will be no fiscal
impact to the General Fund. Unreserved fund balance is available in the Federal Asset
Forfeiture account to fund the $2, III cash match. After appropriation, funds will be
available in the Gangs Program budget for the JABG grant and cash match as follows:
100-4032-426700-2245 $ 900 Professional and Consulting Services
100-4032-441600-2245 $ 5,628 Materials and Supplies
100-4032-471301-2245 $12,474 Equipment
$19,002
$ 100
$ 625
$1.386
$2,111
355-4032-426700-2245
355-4032-441600-2245
355-4032-471301-2245
Professional and Consulting Services
Materials and Supplies
Equipment
3.12 Request for an appropriation of $30,000.00 for repairs and maintenance at Orange
Children and Parents Together Facility. (C2500.M)
SUMMARY: Request the City Council appropriate $30,000.00 for repairs and
maintenance at Orange Children and Parents Together Facility, Four (4) major
repairs/replacements are needed at the OC&PT facility.
1. Original roofing in the equipment well is leaking and has become too brittle to be
repaired.
2, Both 1978 model HVAC units need extensive repairs that dictate replacement.
3. Trees lift portions of the concrete play areas and repairs are needed.
4. Driveway used for delivery and staff parking needs repair.
ACTION: Appropriated $30,000 from the unreserved balance of the OCPT Building
Fund, Fund 150, to account 150-5028-4811 05-9817 (Renovations - OCPT Building
Improvements).
FISCAL IMPACT: Sufficient reserves are available for this appropriation in the OCPT
Building Fund, Fund 150.
BIDS
3.13 Rejection of Bids - Bid No. 045-11; SP-3499 Civic Center Emergency Generator
Replacement. (C2500.M)
SUMMARY: The City received four (4) bids with the low bid for a contract total of
$325,000, which was higher than the current $127,500 budget.
ACTION: Rejected all four (4) bids received for construction ofthe project.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and are
available in the following account:
120-5028-481301-9828 (Civic Center Emergency Generator) $127,500
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CITY COUNCIL MINUTES
October 12, 2004
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.14 Bid No. 045-15, Traffic Signal Improvements at Glassell & Adams, Chapman &
Malena and Main & Stewart - Approval of plans and specifications and reqnest
permission to advertise for bids. (S4000.S.3.3)
SUMMARY: The City Traffic Commission recommended a new traffic signal be
installed at the intersection of Glassell & Adams, and the existing traffic signal at
Chapman & Malena be modified to include protected left turn phasing for Chapman. The
Main & Stewart signal will be upgraded for the St. Joseph Hospital expansion.
Discussion - Councilmember Ambriz commended the Public Works Department staff on
these projects.
Mayor pro tem Cavecche clarified that the City would be coordinating with the school
district on the changes that would affect crossing guard staffing.
MOTION-
SECOND -
AYES
Ambriz
Murphy
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: 1) Approved the plans and specifications and authorized the advertising of
Bid No. 045-15; and 2) Found that in consideration of the $30,000.00 payment to the
City of Orange by St. Joseph Hospital of Orange (SJO), that SJO has fully satisfied
revised Condition 43 of Resolution PC 32-03, and that the City agrees to accept from SJO
all responsibility under Condition 43 relating to the addition of the protected left tum
signal phasing for Main Street at the intersection of Main Street and Stewart Drive,
including but not limited to the bidding and contracting process, replacement of the
traffic signal controller and the installation of the left turn signal and all related
appurtenances; and 3) Appropriated $30,000 from 550-5032-265600-6030 (Revenue
from St. Joseph Hospital) to 550-5032-483100-6030 (Signal Improvements at
Main/Stewart)
FISCAL IMPACT: This project will be funded utilizing available Capital Improvements
Project Funds as follows:
272-5032-483100-6028 - Gas Tax
262-5032-485100-4906 - Minor Traffic Control Devices
550-5032-483100-6030 - Deposit from St. Joseph Hospital
$116,300.00
20,000.00
30,000.00
$166,300.00
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CITY COUNCIL MINUTES
October 12, 2004
3. CONSENT CALENDAR (Continned)
3.15 Bid No. 045-17, Police Headquarters Heating, Ventilation, Air Conditioning
(HV AC) System Renewal, Phase I; SP-3501. Approval of plans and specifications
and authorization to advertise for bids. (C2500.M)
SUMMARY: Plans and specifications have been completed for the Police Headquarters
HV AC System Renewal, Phase 1. The plans have been reviewed and approved by the
Fire Department and the Community Development Department. The project is ready to
be advertised for bids, The project is estimated at $145,000.
ACTION: Approved plans and specifications and authorized advertisement for bids for
the Police Headquarters HV AC System Renewal, Phase 1.
FISCAL IMPACT: Funds are budgeted in the Capital Improvement Progranl and are
available in the following account:
725-5028-481200-9823 (Police HQ HVAC System Renewal) $314,000
3.16 Bid No. 045-20; Project No. SP-3502; Asbestos Abatement, Demolition and Right of
Way Clearance at 105, 125, 164 and 170 Sonth Water Street. Approval of plans and
specifications, and request for anthorization to advertise for bids. (C2500.M)
SUMMARY: Plans and specifications have been completed for the demolition of
buildings formerly used by Orange County Fire Authority (OCFA) on Water Street. The
project is ready to be advertised for bids. The estimated asbestos abatement and
demolition cost is $180,000,00 including contingencies (10%), and construction
engineering (10%).
ACTION: Approved plans and specifications and authorized advertising for bids for
Asbestos Abatement, Demolition and Right of Way Clearance at 105, 125, 164 and 170
South Water Street.
FISCAL IMP ACT: Funds are budgeted and are available in the following accounts:
940-9800-481102-9881 Water Street Acquisition and Reuse $30,000
565-3021-481105-2977 Fire Station No. I $85,000
Once the bids are opened and actual costs are known, staff will make recommendations
on necessary appropriations that may be needed based on the contract award anlount.
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CITY COUNCIL MINUTES
October 12, 2004
3. CONSENT CALENDAR (Continned)
3.17 CLAIMS (C3200.0)
SUMMARY: The following c1aim(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,
a. Alex Boyd
ACTION: Denied Claim(s) for danlages and referred to City Attorney and Adjuster
CONTRACTS
3.18 Final Acceptance of development of a traffic surveillance and management center.
(No staff report reauired.)
SUMMARY: Siemens Energy & Automation, Inc. was awarded a contract on May 19,
2004 to develop a traffic surveillance and management center at the Corporation Yard
(637 W. Struck Avenue), Total cost of this project was $98,396.00.
ACTION: Accepted public work improvement, authorized release of retention funds,
and authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
DONATIONS
(REMOVED AND HEARD SEPARATELY)
3.19 Accept donation from an Orange resident for use in the Fire/Rescue Paramedic
program. (C2500.H)
SUMMARY: An Orange resident has donated a check in the anlount of $800.00 to be
used to support the Fire Department's Fire/Rescue progranl.
Discussion ~ Councilmember Alvarez thanked the anonymous donor for the generous
gift,
MOTION - Alvarez
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
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CITY COUNCIL MINUTES
October 12, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Amended the revenue budget 100-3022-293900 (paramedic donations)
$800.00; and appropriated the funds to Account No. 100-3022-471301 (paramedic
furniture, machinery & equipment).
FISCAL IMPACT: The $800.00 donation will augment the FireIRescue (Paramedic)
budget.
REPORTS
3.20 City Project S-198; Master Plan of Sewers Update (C2500.M.3)
SUMMARY: The Master Plan of Sewers has been updated to reflect changes in land use
since the previous plan approved in August 1990, As part of the update study,
deficiencies have been evaluated as required for the City's Waste Discharge Requirement
permit issued through the County. Deficiencies are estimated to be $4.5 million based on
projected 2025 demand and population increase,
NOTE: Mayor pro tem Cavecche requested an individual briefing on this item at a later date,
ACTION: Received and filed.
FISCAL IMPACT: The Master Plan identifies deficiencies requiring $4.5 million to
make improvements to meet the expected demand in 2025,
RESOLUTIONS
3.21 RESOLUTION NO. 9916 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 2004-10 adjusting lot lines of certain real property situated on the west side of
Glassell Street in the 3 I 00 block, in the City of Orange, County of Orange, State of
Califomia, also known as the Del Rio Development.
Owners:
Del Rio, L.L.C,
ACTION: Approved.
MOTION-
SECOND-
AYES
Ambriz
Alvarez
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Councilmember Alvarez abstained on Item 3.3, Items 3,5, 3.9, 3,14 and 3.19 were
removed and heard separately, All other items on the Consent Calendar were approved
as recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES
October 12, 2004
4. REPORTS FROM MAYOR MURPHY - None.
5. REPORTS FROM COUNCILMEMBERS
Councilmember Coontz gave an update on the fundraising efforts by the Library Foundation for
the Main Library expansion. She stated that she was fortunate during her tenure as Mayor to
successfully meet many challenges with the support of the Council, staff and the entire
community,
Councilmember Coontz stated that when she moved from representing the community as Mayor,
to offering her services as Councilmember, she pledged to help the new Library Foundation raise
money for a new Main Library. The Main Library is acknowledged as one of the smallest in the
state compared to the citywide population. With the support of the Council, City staff and the
Library Foundation, the goal to build a new library became a reality when the City received a
significant State of Cali fomi a construction grant.
Councilmember Coontz stated that the local commitment is to raise over four million dollars,
She has worked hard to do her part, which is what she said she would do, and the $50,000 from
Del Rio I Sun Cal Companies that was gratefully acknowledged earlier, is but one of the many
donations she has diligently pursued,
She acknowledged some of the additional donations which have been received from: Elsie
Porter ($10,000); two anonymous donations ($10,000 each); Adams Steel ($25,000); Chris
Turner ($25,000),
She noted this is not an easy project, that contacts have to be made. She gave credit to the
Library Director and Foundation members who have assisted her in making contacts which have
amounted to donations of $130,000 to-date, which is a good dent in the $4 million but not
climbing as much as she would like. Also, a management representative from The Block has
been lined up to also serve on the Library Foundation Board of Directors. The ongoing
contributions from The Block include monthly contributions from the change in the fountain in
front of the AMC Theatre which totals $1,500 so far.
Councilmember Coontz stated that libraries are symbolic of the democratic system; they
strengthen our public education system, providing our children with concepts of what they can
aspire to be; they also demonstrate the real qualities of the cities which support them; and that we
need to remember a good library is important to the image of a City. She added that in
emphasizing the quality of life in the City of Orange, this project must be given priority by the
community in raising the bar to reach the fundraising goal or risk falling behind. She challenged
the Council, City staff and the community to take her example and do it better, reiterating her
commitment to this endeavor; noting she still has a few more contacts to make before she leaves
the CounciL
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
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CITY COUNCIL MINUTES
October 12, 2004
7. ADMINISTRATIVE REPORTS
7.1 Report from City Attorney regarding Appointment of City Manager or his designee
as a hearing officer to consider appeals of the City's denial of a massage practitioner
permit. (C2300.E)
SUMMARY: Based upon a prior conviction, the Police Chief has denied an applicant for a
massage practitioner's permit. Pursuant to the Orange Municipal Code such appeals are heard
by the City Councilor in the alternative the City Council may appoint a hearing officer who will
make findings and recommendations to the City Council which will receive such findings and
recommendations and then render the City's final determination, It is recommended that the
City Council designate the City Manager or his designee and that such designation remain in
place until withdrawn.
Discussion - City Attorney, David DeBerry summarized the process for hearing appeals of
massage practitioner permit denials. He pointed out that these hearings could last five to seven
hours, require attorney representation, need swearing in of witnesses and are awkward in the
public arena. The request would allow the City Manager's office to hear the appeal and make a
recommendation to Council on what action to take,
Councilmember Alvarez questioned that in addition to the City Manager or his designee hearing
the appeal, a third or neutral party could be appointed to hear the appeal. He also questioned the
powers of future City Councils to hear this type of matter.
Mr. DeBerry affirmed the option of a third designee and suggested a professional hearing officer
could be that third appointee, He suggested that each appeal being heard by the City Manager's
designee be reported to Council and if a Councilmember wanted to discuss the matter, they could
put the matter on the agenda to be heard by the Council.
Councilmember Alvarez requested that wording be included in the motion to give future
Councils the flexibility to review the cases, enabling them to hear an appeal on a case-by-case
basis.
Councilmember Coontz clarified that this action would affect only the massage practitioner and
not other issues.
Mayor pro tem Cavecche clarified that the hearing officer's recommendations would come to the
Council for final determination, She agreed that the Council should receive notification of each
appeal hearing.
MOTION - Alvarez
SECOND - Murphy
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Appoint City Manager, or his designee. as hearing officer on all massage permit
appeals until such time as such designation is withdrawn, including direction to staffto notify the
Council of each appeal hearing.
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CITY COUNCIL MINUTES
October 12,2004
7. ADMINISTRATIVE REPORTS (Continued)
7.2 Report from the Community Services Director on a proposed Dog Park at Yorba
Park. (A2100.0 Agr-4563)
SUMMARY: The City Council on August 26, 2003 approved Mitigated Negative Declaration
No. 1674-01 and the project as it pertained to the dog park, with the remaining area of the park
as passive. Further, the City Council at its meeting on January 27, 2004 approved the proposed
plan for a dog park. The approval was contingent on the Dog Park Association reimbursing the
City for the project costs. Additionally, the City Council directed the City Manager or his
designee to negotiate an agreement with the Orange Dog Park Association for related project
costs and a timeline for the completion of the dog park.
Discussion - Community Services Director, Gary Wann summarized the report on the proposed
cooperative agreement. Discussions have ensued over time to work out points in the agreement
such as, operation of the park, improvements to the dog area, and reimbursement.
Mr. Wann stated that there are five basic elements to the agreement:
1) The initial term of the agreement is five years, commencing on the date of the completed
improvements and the park being open to the public for use. There is a one-time optional
extension of an additional five years at the election of the association. There is a provision for an
annual review by the Director of Community Services and staff over compliance issues and the
results of that research and investigation brought forth to Council.
2) The funding issues include the reimbursement of the project cost of the park at $44,000. The
Association would be responsible for 80% not to exceed amount of $35,212. The Association
will make a $20,000 down payment upon award of the contract for the improvements. Based on
the 80% contribution they would be required to pay $3,803 annually over the next four years,
The City would pay the balance of the direct cost of the improvements, totaling $8,788.
3) Termination of the agreement may occur by the City with a 180 minimum days written
notice. The Association may give a 30-day prior notice. If the Association terminate the
agreement at any time during the five year period, they will not be reimbursed for their expenses.
If the City terminates at any time in the five year period, the city will reimburse the Association
the total amount that they have paid up to that time.
4) The Association will determine its own needs for insurance to protect themselves if they
deem it necessary, The City will not defend nor indemnify the Association should it be sued for
any reason.
5) The City staff will maintain the dog park improvements in good order: mowing, edging,
irrigation and other maintenance issues, as required. The Association will incur the costs for
doggy bags, dog dispensers and general clean up associated with active dog exercise area.
Councilmember Alvarez stated that the City requires insurance for all public events, and
questioned the lack of requirement that the Association maintain liability insurance.
City Attorney, David DeBerry responded that when the park is used by private individuals, there
is no insurance requirement. He equated individual use of the dog park with an individual's use
of any park-no insurance is required. However, when an organized event occurs with a private
organization, requiring a permit, the permit spells out the need for insurance. He further added
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CITY COUNCIL MINUTES
October 12, 2004
7. ADMINISTRATIVE REPORTS (Continued)
that under state law, dog owners are liable for the actions of their pets. The Association would
only be liable in the case of a special event they hosted, requiring the liability insurance,
Councilmember Alvarez reiterated his understanding of the insurance issue-no change in
liability, essentially the City is insuring this new use as it would normally do under park
conditions. He also referred to a clause in the agreement denying the Association any interest in
the property at the park,
Mayor pro tem Cavecche clarified that other private organizations who use City parks are
required to carry insurance for specific events. She also suggested that the scooping
responsibility of the dog owners be required rather than encouraged, asking how the lack of
scooping would affect the park maintenance worker's duties. Her concern was not with the
current citizens involved with the Dog Association, but that over the years, maintenance may
become a problem if it is not required. She also requested that the entire park close at dusk and
locking of the designated dog area fencing occur. She expressed concern that if the remainder of
the park stayed open beyond the dog park hours, the entire park could tum into a dog park.
Mr. Wann referenced the City's ordinance that requires all dog owners be responsible to clean up
after their animals.
Councilmember Coontz also suggested that the hours of maintenance be posted gJVmg the
Association members a time frame for following up on their part of the clean up.
Public Comments:
Tom Searles, spoke about an interest in developing the Yorba Park site.
Rick Cryder, address on file, spoke in favor of the dog park.
Jeannine Lawrie, address on file, spoke in favor.
Mary Dargatz 2534 E. Burly, spoke in opposition.
Jerry Carroll, 354 S. Tracy Lane, spoke in opposition.
The Mayor announced that two phone calls had been received that day in favor of the dog park.
Councilmember Coontz noted this has been a long term project and the City has done an
excellent job in addressing the concerns of the Council. The project has taken longer than
expected and she hoped the Dog Association could continue to raise additional funds. She
agreed that closing the park at dusk would be a good idea for safety reasons.
CounciJmember Alvarez expressed his lack of support for the dog park. His opinion was that the
best use of the property is not a park but something that would benefit the entire city such as a
business or retail use. The property does not seem to be working as a public park and noted that
even the Park Commission voted not to include Yorba Park on a priority list. He would be
willing to support the dog park if it paid for itself, but did not want any monetary contributions
from the city. He also had a fundamental concern with liability issues. In looking at how this
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CITY COUNCIL MINUTES
October 12, 2004
7. ADMINISTRATIVE REPORTS (Continued)
park would fit into the neighborhood, it was his opinion that there are still too many problems
and it will negatively impact the neighborhood.
Mayor Murphy stated his opinion that a dog park would be a good use of the park facilities and
that the dog area would be separate from the remainder of the park, providing a safe place for
owners to exercise their pets. He had hoped the Dog Association would have paid one hundred
percent of the costs, but hoped the Association could raise additional funds in the future. He
suggested that in the future the property could be used for a higher and better use, and any
money expended for the dog park can be incorporated into a future purchase price, but at the
present time it was a good use of the property.
Councilmember Ambriz asked about other cities and if there were any agreements with dog park
associations. He mentioned the deed restrictions that have been lifted on the Y orba Park
property; suggesting the property could be put on the market to test its desirability for a business
or retail use. He mentioned the lack of use of the park at the current time. He also stated he
thought there would have been a 50/50 financial commitment, noting the Dog Association has
already lost County funding because the process has taken so long. He stated his intent to honor
the decision ofthe past Council to move fOlWard with a dog park at this time.
Mayor pro tem stated that she was not voting to approve the agreement to remain consistent with
her prior voting on this project. She also stated, for the record, that she could not see the
property used for any other reason than a park setting.
MOTION-
SECOND-
AYES
NOES
Murphy
Ambriz
Ambriz, Mayor Murphy, Coontz
Alvarez, Cavecche
ACTION:
I) Authorized the Mayor and City Clerk to execute the Cooperative Agreement between the
City and The Orange Dog Park Association, a California nonprofit public benefit corporation
(the Association) for the terms and conditions set forth; and,
2) Approved an appropriation of $45,000 from the unappropriated reserves of 511 (Quimby)
Fund to account 511-7021-481105-0155 (Yorba Park Renovation).
3) Designated the park to close at dusk.
FISCAL IMPACT:
following account:
After the fund transfer is executed, sufficient funds will exist in the
511-7021-481105-0155 (Yorba Park Renovation): $45,000
PAGE 16
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CITY COUNCIL MINUTES
October 12, 2004
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS -None.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 6: 15 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel - Existing Litigation pursuant to Government Code
Section 54956.9(a):
1) Mark Hurwitz v. City of Orange, Fourth Appellate District Case No, G032479
(Orange County Superior Court Case No. 01CC04405)
2) Tam v. City of Orange, Orange County Superior Court, Case No. 776434.
b. Conference with Real Property Negotiator - Real property negotiations pursuant to
Government Code Section 54956.8:
Property Address: 1314 N. Cannon Street
City Negotiator: Robert Stolhand, Harry Thomas
Negotiating Parties: City and Paul Zippwald, et al.
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.
12. ADJOURNMENT ~ The City Council adjourned at 7:00 p.m, The next regular Council
meeting is scheduled for October 26, 2004,
(~~c!~;.~
CITY CLERK "-- '
ItfAf/!!ij1
MAYOR
PAGE 17