11/9/2004 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON NOVEMBER 23, 2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING November 9,2004
The City Council of the City of Orange, California convened on November 9, 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 Ed Trenner, Grace Brethren Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Cavecche
1.3 ROLL CALL
PRESENT -
ABSENT -
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of proclamation to Wanda Schramm of Orange Camera,
Presentation of Mayor's Award to Parker Kennedy and the First American Financial
Foundation for a generous contribution to the Community Foundation.
Announcement of $2 million state grant received for Grijalva Park Community
Center/Gymnasium.
Announcement of Veterans Day Celebration on November 11 th,
Announcement of Informational Open House at Portola Middle School on Tuesday,
November 16th.
2. PUBLIC COMMENTS ---
Charlene Clark, Address on File, spoke on Grand Juror Awareness Month for the month
of November.
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CITY COUNCIL MINUTES
November 9,2004
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 November 9, 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 regular meeting; and available at the 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 October 21 and 28, 2004.
ACTION:
Approved,
3.3 Request approval of City Council Minutes, Regular Meeting, October 26, 2004.
(C2500.D)
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 Award a Consultant Services Agreement to Joseph C. Truxaw and Associates Inc.,
of Orange, CA, for professional land surveying easement verification services.
(A2100.0 Agr-2486.B)
SUMMARY: The Water Division desires to retain a consultant to perform professional
land surveying easement verification services,
ACTION: Awarded a Consultant Services Agreement in the amount of $15,300.00 to
Joseph C, Truxaw and Associates Inc., Orange, CA for professional land surveying
easement verification services and authorized the Mayor and the City Clerk to execute on
behalf of the City,
FISCAL IMP ACT: Funds are budgeted and available in the following account:
600-8011-426200 $15,300.00 Engineering Services
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November 9, 2004
3. CONSENT CALENDAR (Continued)
3.6 Approve the purchase of a Time and Attendance software system from Intellitime
Systems Corporation in the amount of $109,245 and a supporting file server and
contingency for $34,575 for a total of $143,820. (A2100.0 Agr-4572)
SUMMARY: The City of Orange is currently using a time collection system where all
time worked is manually recorded on paper timesheets. This system requires that all
aspects of collecting, editing and entering the employee's work time be done manually.
The Intellitime Time and Attendance system will assist in the electronic collection of
time and attendance. This system will allow the employees to directly enter their time
worked into the time and attendance system and be provided with immediate checks and
balances of the time entered against the most current and updated information in our
Payroll Financial Management Information System, This new system will greatly reduce
the time required to enter, edit and approve the time sheets and eliminate the duplicate
data entry done by some departments.
ACTION: Approved the agreement for the acquisition and supply of time and attendance
system software and related professional services in the amount of $109,245 with
Intellitime Systems Corporation; and authorized the Mayor to execute and the City Clerk
to attest said agreement on behalf of the City. Approved a transfer in the amount of
$43,820 from the Financial Management Information System Replacement Account
(790-1601-481303-9642) to the Intellitime Time and Attendance account (790-1601-
481303-9643),
FISCAL IMPACT: After the above transfer, the funds for this project will be available in
the following Account: 790-1601-481303-9643 Intellitime Time and Attendance
Account.
APPROPRIA nONS
(REMOVED AND HEARD SEPARA TEL Y)
3.7 A request for an appropriation to fund the cablecast of the City Planning
Commission Meetings. (C2500.G.2.1)
SUMMARY: Pursuant to a request from the City Council, staff is recommending a
funding source for the live cablecasts of the Planning Commission meetings,
Councilmember Ambriz spoke on the benefits of this request and commended staff for
putting this together so quickly.
MOTION - Ambriz
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Authorized the transfer of $2,500 from Non-Department Account No, 1000-
0000-426700 to City Clerk Account 100-0401-426700 (Other Professional & Consultant).
FISCAL IMPACT: There are sufficient funds in the Non-Department budget at this time.
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CITY COUNCIL MINUTES
November 9,2004
3. CONSENT CALENDAR (Continued)
BIDS
3.8 A proposal to approve specifications and authorize advertising for bids for Well 25
Rehabilitation. (C2500.P.3)
SUMMARY: Specifications have been completed for Well 25 Rehabilitation, The
project is ready to be advertised for bids, The preliminary engineering cost estimate is
$100,000.00,
ACTION: Approved specifications and authorized advertising for bids for the
Rehabilitation of Well 25.
FISCAL IMP ACT: Funds are budgeted and are available in the following account:
600-8011-425100 $100,000,00 Maintenance of Wells
3.9 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, Anna C. Baez
b. Jose & Sylvia Elizarraras
c, Robin Lynn Underwood
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.10 FY 2004-05 Animal Control Services Contract with the County of Orange. (A2100.0
Agr-0135.Q)
SUMMARY: The City of Orange contracts with the County of Orange for animal
control field and shelter services. The term of this annual renewal is July 1, 2004 through
June 30, 2005. The contract amount is $333,715,
ACTION: Approved the proposed contract for animal control services between the City
of Orange and the County of Orange in the amount of $333,715 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 100-0000-427100-2350 (Non department - Contractual Services - Animal
Control).
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November 9,2004
3. CONSENT CALENDAR (Continued)
3.11 Contract Change Order No.1; Bid No. 045-08; Project No. SP-3491 Annual Service
Contract for Concrete Replacement at Various Locations for the Fiscal Year 2004-
2005. (A2100.0 Agr-4543)
SUMMARY: This Contract Change Order authorizes payment for extra work at agreed
unit prices. The extra work consists of additional sidewalk and curb and gutter
replacements at various locations, The total cost for this change order is $82,250.
ACTION: I) Appropriated $40,000 from Fund 262 (Traffic Improvement - Measure M)
to 262-5021-483300-3120 (Local Street Maintenance); and 2) Approved Contract
Change Order No, 1 in the amount of $82,250,00 to Kalban, Inc. for the extra work.
FISCAL IMP ACT: Funds will be available in Operating Budget and Capital
Improvement Project in the following accounts upon appropriation:
262-5021-483300-3120 $40,000 Local Street Maintenance
262-5021-427100 $46,000 Measure M (Contractual Service)
600-8041-474501 $ 4.000 Water Distribution
Total: $90,000
MOTION - Alvarez
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Item 3,7 was removed and heard separately, Councilmember Ambriz abstained on Item
3.10 due to a potential employment conflict. All other items approved as recommended.
END OF CONSENT CALENDAR
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4. REPORTS FROM MAYOR MURPHY
4.1 Consideration of The Community Foundation of Orange's request to support the
Fred Kelly Field renovation project. (OR1800.0.10.5)
Mayor Murphy reviewed the request from the Community Foundation for the remainder of the
monies needed to achieve the $500,000 goal needed to renovate Kelly Field and track facilities.
The field is in need of new turf and there are higher end products that will hold up much better
than what is currently there. There are also drainage problems that need to be addressed. He
stated this project will serve as a joint use facility with the School District and it is important that
the City be a team player along with the Foundation.
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CITY COUNCIL MINUTES
November 9, 2004
4. REPORTS FROM MAYOR MURPHY
Speakers
Roger Hobbs, address on file, representing the Community Foundation, spoke in support of the
request and stated that the Community Foundation was formed to bridge the gap between public
and private funding,
Stu Livingstone, address on file, representing the Community Foundation, described the
renovation plan to build a state-of-the-art football, soccer and track facility, He stated the
Community Foundation has raised $426,000 of the $500,000 needed for this project and are now
asking the City to help with the remaining financial support of the project. The Foundation
needs to reach their financial goal by November 30th and completion of the project is expected
by April, 2005.
William Steiner, address on file, representing the Community Foundation, spoke on the benefits
of public/private partnership because no one entity is able to completely fund expensive projects
much needed by the community.
Discussion
Councilmember Coontz expressed her support for youth sports and her appreciation for what the
Community Foundation has achieved in support of many projects. She asked whether the
Foundation has gone back to the Orange Unified School District (OUSD) for the remainder of
the money needed, citing the amount of redevelopment money given to OUSD for infrastructure
projects, Councilmember Coontz further requested that the Council receive a chart showing the
amount and source of money received to-date for this project, which will help the Council make
a more informed decision by understanding the whole financial picture; indicating that the City's
Park Planning Development Commission has already prepared a list of priorities for park
projects.
Councilmember Alvarez suggested that the Community Foundation Board, having expertise in
project management among their members, commit to overseeing the project from start to finish,
He also suggested the facilities be available for passive use by the community, noting that many
citizens would like to use the facility for personal exercise.
Mr. Livingstone noted the Foundation Board would see the project through to the end, He also
stated it is their intent to use artificial turf; noting that Field Turf, Incorporated, has been
identified as an expert in this area, and the goal for funding included the amount needed to hire
this particular company.
Mayor Murphy stated that Council needed to decide on how to handle the request and suggested
that the City Manager's Office come back at the next meeting with the sources of revenue
identified,
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CITY COUNCIL MINUTES
November 9, 2004
4. REPORTS FROM MAYOR MURPHY (Continued)
Mayor pro tern Cavecche thanked the Foundation for their hard work, which is also appreciated
by the entire community. She stated that at first she thought the gymnasium project at Grijalva
Park should be a priority, but realizes this field is in need ofrefurbishment and is a project that
will benefit children from all over the community. She stated she would support the idea of
staff looking into funding for this project, provided no reserves were used and other projects did
not have to be shifted around, She also asked if staff could address the issues of lighted fields
and ajoint use agreement with the School District.
Councilmember Coontz reiterated her desire to try to obtain the remainder of the funds needed
from OUSD and suggested there be more coordination with the Community Foundation and the
Park Planning & Development Commission, She agreed these other issues also need to be
addressed if this is brought back to Council.
Councilmember Alvarez stated that supporting this request was the right thing and encouraged
the City to take a leadership position in the project. He stated that once the facility is completed,
the city would have adequate facilities to accommodate regional events, noting the revenue
these events could generate, He encouraged the Council to look farther down the road and see
the huge benefits to the City,
Councilmember Ambriz agreed on the long-range benefits of this project, noting that the facility
will be available for regional events and for the entire community. He indicated that the
successfully completed and fully-utilized project would be a way to build a cooperative
relationship with OUSD,
Community Services Director Gary Wann indicated that meetings would be conducted with
OUSD to aggressively chart a fair and equitable use of the facility by both entities.
Councilmember Ambriz commented that although Council may agree to review possible funding
for this project, it doesn't close the door to additional private funding being accepted,
MOTION - Mayor Murphy
SECOND - Cavecche
AYES - Ambriz, Alvarez, Murphy, Coontz, Cavecche
Moved to direct the City Manager to identify funding for this project, providing an accounting
of funds; address issues of joint use with the Orange Unified School District; provide a report
from the Community Foundation specifically on where the existing funds have come from and
where they will be utilized; address all issues discussed at this Council meeting; and agendize
for November 23'd Council meeting.
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CITY COUNCIL MINUTES
November 9, 2004
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Ambriz - Discussion on the current status and performance of
Signs of Support (S.O.S.) (A2100.0 Agr-3485.A.I)
Discussion - Councilmember Ambriz stated his disappointment with the findings in reviewing
an audit of the Signs of Support (SOS) program. He noted it has been over a year since SOS has
added a business to this program, which are missed opportunities to raise money for youth
programs. He suggested options to address the issue, including readjusting the revenue and
percentage breakdown, keeping better track of reports and monitoring the agreement; or even
terminating the contract completely.
Mayor pro tern Cavecche agreed she is disappointed that SOS has not raised more money, She
noted the City does receive some money from this program but asked if there is the potential for
another company to raise even more; but did not want to bring the program in-house.
Mayor Murphy asked Mr. Lyn Bunch, President of SOS, for an assessment of what can be
achieved by his company in the next 90 days,
Mr. Lyn Bunch acknowledged that no new business has been achieved in the past 12 months,
He cited their company has increased business in other cities, but Orange seems to have a higher
turnover rate. He indicated his expectation of The Block joining the program in the near future
and that several automobile dealers have expressed an interest in the program, Mr. Bunch
suggested that city officials lend their name to sell the program, He also indicated that the
payment issues have been resolved.
In response to questions from Mayor Murphy regarding what they can anticipate in the future,
Mr. Bunch cited advertising from The Block, as well as some development companies being
lined up. He offered to provide a spreadsheet of the accounting of the program. He added that
his company serves small businesses, who do not have a large budget for advertising, a more
cost-effective way of advertising while they support the youth-oriented programs in the
community,
Councilmember Coontz stated that the program was very labor intensive. She suggested that the
lack of support for this program is due in part to the businesses in the community receiving
multiple requests for donations. Large corporations are already contributing and perhaps Orange
is just different from other cities.
Mayor pro tern Cavecche asked whether other cities who experienced more success with the
program had a different approach to gain businesses in the program. She agreed with the
assessment that the program was labor intensive.
Councilmember Ambriz stated his desire to direct the City Manager's Office to look into ways of
terminating the contract.
City Attorney David DeBerry stated that the current contract runs through June 30, 2005.
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November 9, 2004
5. REPORTS FROM COUNCILMEMBERS (Continued)
Mayor Murphy noted that the termination condition required a 30-day notice. He suggested
giving the company time to reverse the poor performance of the program; along with bringing
the payment schedule up-to-date.
Mr. Bunch indicated they would be agreeable to this,
Councilmember Coontz reminded the Council that two new Councilmembers would be on the
Council in 90 days and the directive to SOS must be very specific, allowing for a clear decision,
City Manager, David Rudat stated that his office would watch the performance of this contract
very closely with reports provided to Council.
MOTION - Murphy
SECOND - Cavecche
AYES - Alvarez, Mayor Murphy, Coontz, Cavecche
NOES - Ambriz
Moved to continue a review of the SOS agreement to January 25, 2005, glVlng SOS an
opportunity to increase revenue up to 75% of space sold; and review the reporting and payment
schedule to ensure the agreement is fully adhered to; and if not, consider termination of the
agreement at that time,
Councilmember Ambriz wanted instead to direct staff to return to the Council as soon as possible
with a recommendation to terminate the contract with SOS,
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS --- None.
7. ADMINISTRATIVE REPORTS
7.1 Report from Public Works Director - Bid No. 045-01; Relieve Lynch
Communications of Riverside of the bid for installation of a traffic signal interconnect and
fiber optic cabling, at various locations in the City of Orange and award to the next lowest
bidder, Moore Electrical Contracting. (A2100.0 Agr-4542)
SUMMARY: The low bidder, to which Bid No, 45-01 was awarded (Lynch Communications),
has informed the City they will not be able to perform the required work, and will forfeit the bid
bond amount. The proposed improvements are extremely important to the City and should be
awarded to the next lowest bidder, Moore Electrical Contracting, 463 N, Smith Ave., Corona,
92880, with a bid of$628,925,OO,
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CITY COUNCIL MINUTES
November 9,2004
7. ADMINISTRATIVE REPORTS (Continued)
Discussion --- Public Works Director Harry Thomas gave a brief summary of the request; noting
that Moore Electrical is willing to take the contract but will not be able to start until January
2005,
MOTION - Coontz
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION:
1. Consented to the request by Lynch Communications, Inc, to be relieved from its bid for
City of Orange Bid No, 045-01 (Traffic Signal Interconnect and Fiber Optic Cabling);
2. Accepted from Lynch Communications, Inc, the forfeiture of the amount of its bid
security in the sum of $43,300,00,
3, Appropriated $200,000,00 from Fund 272 (unappropriated balance) to 272-5032-483100-
6463 (Main/Chapman Signal Interconnect).
4, Found that it is in the best interest of the City to award the contract for City of Orange
Bid No, 045-01 (Traffic Signal Interconnect and Fiber Optic Cabling) to the second lowest
bidder, Moore Electrical Contracting of Corona; and
5. Awarded said contract to Moore Electrical Contracting of Corona and authorized the
Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Upon appropriation, funds for the project will be available in the following
accounts:
550-5032-483100-6463
272-5032-483100-6463
$357,138.00
290,000,00
$647,138.00
Main/Chapman Signal Interconnect
Main/Chapman Signal Interconnect
Total
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 17-04 (SECOND READING) (A2500.0 ORD-17-04 Public
Utilities)
An Ordinance of the City Council of the City of Orange adopting Fats, Oils and Grease Control
Regulations applicable to Food Service Establishments.
MOTION - Coontz
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 17-04 be read by title only and same was adopted and approved by
the preceding vote.
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CITY COUNCIL MINUTES
November 9,2004
9. LEGAL AFFAIRS (Continued)
9.2 ORDINANCE NO. 23-04 (SECOND READING) (Z1500.0 ZCG-23-04)
An Ordinance of the City Council of the City of Orange approving the Reclassification of 43
Parcels, approximately 8 acres of property, located in the 300-400 blocks of South Grand Street
from R2-6 to the RI-6 Zoning Classification (Rl-6),
Zone Change No. 1227-04
Applicant: City of Orange
MOTION - Alvarez
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 23-04 be read by title only and same was adopted and approved by
the preceding vote.
9.3 ORDINANCE NO. 24-04 (FIRST READING) (A2500.0 ORD-24-04 (Public
Works)
An Ordinance of the City Council of the City of Orange Amending Chapter 2,34 of Title 2 of the
Orange Municipal Code relating to the City's Department of Public Works.
MOTION - Alvarez
SECOND - Ambriz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 24-04 be read by title only and same was set for second reading by
the preceding vote,
9.4 ORDINANCE NO. 25-04 (FIRST READING) (A2500.0 ORD-25-04 Purchasing)
An Ordinance of the City Council of the City of Orange Amending Chapter 3.08 of Title 3 of the
Orange Municipal Code relating to the City's Purchasing System,
MOTION - Ambriz
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No, 25-04 be read by title only and same was set for second reading by
the preceding vote.
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CITY COUNCIL MINUTES
November 9, 2004
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Attorney reported an item arose after the posting of the Agenda and needed to be acted
on at this meeting.
MOTION --- Murphy
SECOND - Alvarez
AYES - Ambriz, Alvarez, Murphy, Coontz, Cavecche
Moved to add the following item to the closed session agenda, pursuant to Government Code
Section 54954.2, finding that the matter arose after the posting of the agenda and there was a
need to take immediate action
Conference with legal counsel pursuant to Government Code Section 54956,9 - Tam v.
City of Orange, Orange County Superior Court Case No. 786949,
The City Council recessed at 6:30 p,m. to a Closed Session for the following purposes:
a. Public Employee Performance Evaluation pursuant to Government Code Section 54957
Title: City Attorney
b, 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 7:30 p.m, The next regular Council
meeting is scheduled for November 23, 2004.
tr4~A~;;t
MAYOR
MAR. HY
CITY CLERK
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