11/23/2004 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON DECEMBER 14, 2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING November 23, 2004
The City Council of the City of Orange, California convened on November 23,2004 at 4:30 p.m.
in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
I. OPENING
1.1 INVOCATION
Given by Mr. Warren Johnson, The Salvation Army
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 PRESENTATlONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Presentation of 2004 Achievement of Excellence in Procurement Award to Glenn Kaye,
Purchasing Officer, Finance Department.
Presentation of Certificate of Achievement Award for Excellence in Finance Reporting
by the Governmental Finance Officers Association of the United States and Canada for
the City's and the Redevelopment Agency's Comprehensive Annual Financial Report
(CAFR) for the fiscal year ending June 30, 2003 to David Christian, Accounting Manager
and Annie Case, Senior Accountant, Finance Department.
Mayor Murphy announced:
. December 5th - Orange County Marathon at Fashion Island to benefit children's
charities, including Ronald McDonald House.
. December 5th at 4:30 p.m. - Annual Tree Lighting Ceremony.
. Dec 7th at 7:00 p.m.- Ceremony to honor departing Councilmembers and
welcome new Councilmembers.
2. PUBLIC COMMENTS - None.
PAGE 1
CITY COUNCIL MINUTES
November 23, 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 23, 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 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 November 4 & 10,2004.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting November 9, 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 October 31, 2004.
(C2500.F)
ACTION:
Approved.
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CITY COUNCIL MINUTES
November 23,2004
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.6 Sewer Service Agreement - Request by Boonchai and Somlee Yimlamai to connect
their property to City of Orange sewer. (A2100.0 Agr-4580)
SUMMARY: Boonchai and Somlee Yimlamai, owners of residential real property
located at 8631 Orange Avenue in an unincorporated area of the County of Orange, have
requested to connect their house sewer lateral to the City sewer main in Orange Avenue.
They have executed a Sewer Service Agreement with the City of Orange and are
requesting City Council approval.
ACTION: Approved the connection request from Boonchai and Somlee Yimlamai and
authorized the Mayor and the City Clerk to execute this Sewer Service Agreement on
behalf of the City.
FISCAL IMP ACT: None. The property owners have paid all connection fees.
3.7 Sewer Service Agreement - Request by Mark and Julie Sandford to connect their
property to City of Orange sewer. (A2100.0 Agr-4581)
SUMMARY: Mark and Julie Sandford, owners of residential real property located at
10331 S. Randall Street in an unincorporated area of the County of Orange, have
requested to connect their house sewer lateral to the City sewer main in Clark Avenue.
They have executed a Sewer Service Agreement with the City of Orange and are
requesting City Council approval.
ACTION: Approved the connection request from Mark and Julie Sandford and
authorized the Mayor and the City Clerk to execute this Sewer Service Agreement on
behalf of the City.
FISCAL IMPACT: None. The property owners have paid all connection fees.
3.8 Renewal of Water Quality Ordinance Implementation Agreement with the County
of Orange Flood Control District D02-082. (A2l00.0 Agr-4059.1)
SUMMARY: This agreement authorizes the Orange County Flood Control District, upon
request by the City of Orange, to provide NPDES (National Pollutant Discharge
Elimination System) authorized inspection services. There is an annual charge of$I,693
for the availability of these services.
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CITY COUNCIL MINUTES
November 23, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Approved the renewal of the Water Quality Ordinance Implementation
Agreement D02-082 with the Orange County Flood Control District and authorized the
Mayor and City Clerk to execute Amendment Number One to Water Quality Ordinance
Implementation Agreement between the Orange County Flood Control District and the
City of Orange.
FISCAL IMPACT: Funding for this work is provided in the Public Works Department's
operating budget utilizing Sanitation Funds in the Other Professional Services Account
No. 220-5022-426700.
3.9 Award of Professional Service Agreement for City Collection Agency Services.
(A2l00.0 Agr-2302.A)
SUMMARY: This agreement authorizes the outsourcing of collection services for all
City of Orange departments, which will result in recouping lost revenue or library books.
This agreement is to remain in effect for a five (5) year period.
ACTION: Approved the agreement with Southwest Collection Service, Inc. and
authorized the Mayor and City Clerk to execute the agreement on behalf ofthe City.
FISCAL IMPACT: All funds that are deemed uncollectible by the City are turned over
to the collection agency. The collection agency keeps 26% of all the revenue that they
collect and 40% of all revenue on accounts that they had to process through their legal
services. The balance is remitted to the City.
BIDS
3.10 Rejection of Bids - Bid No. 045-17; SP-3501, Police Headquarters Heating,
Ventilation, Air Conditioning (HV AC) System Renewal, Phase I, and Authorization
to Re-advertise for Bids. (C2500.M)
SUMMARY: The bids were opened on November 4, 2004. Seven (7) formal bids were
received for this project ranging from $149,000.00 to $508,000.00. The apparent low
bidder is Electro-Air Company of Culver City for $149,000.00.
Electro-Air Company has claimed one mistake in its submittal and requested to be
relieved of its bid and to have its bid bond released.
ACTION: 1) Accepted Electro-Air Company's request to withdraw its bid; and 2)
Rejected all seven bids received and authorized the re-advertisement of this project.
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and are
available in the following account:
725-5028-481200-9823 (Police HQ HV AC System Renewal): $314,000
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CITY COUNCIL MINUTES
November 23, 2004
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.11 Award of Bid No. 045-16; CDBG Project - Eisenhower Park Renovations (A2l00.0
Agr-4582)
SUMMARY: The bids were opened on November 4, 2004, and six (6) formal bids were
received for this project. The apparent low bidder is Accu Construction in the amount of
$520,755.
ACTION: (1) Approved the Award of Bid No. 045-16; CDBG Project - Eisenhower
Park Renovations, to Accu Construction, 23135 Betty Road, Perris, CA 92570, in the
amount of $520,755; (2) Authorized an appropriation of $89,000 from Fund 320
(California Parklands-Proposition 12) to 320-7021-485100-0092 (Eisenhower Park Prop
12); and, (3) Authorized the Mayor and City Clerk to execute the contract on behalf of
the City.
FISCAL IMP ACT: After the fund transfer is executed, sufficient funds will exist in the
following accounts:
510-7021-485100-0092
310-9645-485100-0092
320-7021-485100-0092
TOTAL
(Eisenhower Park):
(CDBG Eisenhower Park):
(Eisenhower Park Prop 12):
$ 9,594
78,840
480.520
$568,954
3.12 Final Acceptance of Bid No. 045-08; SP-3491; Annual Service Contract for Concrete
Replacement at Various Locations, FY 2004-05 and authorization to file Notice of
Completion with the County Recorder (No staff report required). (A2l00.0 Agr-
4543)
SUMMARY: Bid No. 045-08; SP-3491; Annual Service Contract for Concrete
Replacement at Various Locations, FY 2004-05. Staff recommends acceptance of
improvements. The contractor on said job was Kalban, Inc.
ACTION: Accepted public work improvements, authorized release of International
Fidelity Insurance Company of New Jersey, Bond No. 0386353 in the amount of
$204,250.00, and authorized the Mayor and City Clerk to execute the Notice of
Completion.
FISCAL IMP ACT: None.
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CITY COUNCIL MINUTES
November 23,2004
3. CONSENT CALENDAR (Continued)
3.13 Award of Contract - Bid No. 045-13. Custodial Contract for all City and
Recreation Buildings, Fiscal Year 2004-05 to Bell Building Maintenance Company.
(A2l00.0 Agr-4589)
SUMMARY: Proposals (Bid No. 045.13) were received and opened on October 2S,
2004. Seven Contractors responded to the invitation for the Custodial Contract for all
City and Recreation Buildings, FY 2004-05. Based on the evaluation process detailed in
the Custodial Specifications, six (6) contractors were qualified.
ACTION: Awarded a contract to Bell Building Maintenance Company in the amount of
$391,768.00 for all City and Recreation Buildings, FY2004-05; and authorized Mayor
and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Sufficient funds are budgeted for the remainder of FY2004-05 and
are available in the following account:
Account No. 100-5027-424202-0000
(Janitorial Services):
$454,969.00
3.14 Mills Act Contract No. MAC-l 08.0-04, (Historic Property Preservation
Agreements). (A2l00.0 Agr-4583)
SUMMARY: A proposal to approve Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange 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 $83,630. Location: 222 W. Palmyra
Avenue.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner, (Application No. MAC-I0S.0-04),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment; and authorized the Mayor and City
Clerk to execute on behalf of the City.
FISCAL IMPACT: The City currently receives approximately $567 in property taxes;
with the stepped up basis of the new sale, including the estimated tax savings on the Mills
Contract, the City will incur a gain of property tax of approximately $64 per year.
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CITY COUNCIL MINUTES
November 23, 2004
3. CONSENT CALENDAR (Continued)
3.15 Mills Act Contract No. MAC-l 09.0-04, (Historic Property Preservation
Agreements). (A2100.0 Agr-4584)
SUMMARY: A proposal to approve Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange 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 $42,765. Location: 803 E. Walnut
Avenue.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner, (Application No. MAC-I09.0-04),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment; and authorized the Mayor and City
Clerk to execute on behalf of the City.
FISCAL IMP ACT: The City will incur a loss of property tax of approximately $229 per
year.
3.16 Mills Act Contract No. MAC-llO.0-04, (Historic Property Preservation
Agreements). (A2100.0 Agr-4585)
SUMMARY: A proposal to approve Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange 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 $94,125. Location: 230 S. Orange Street.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner, (Application No. MAC-I 10.0-04),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment; and authorized the Mayor and City
Clerk to execute on behalf of the City.
FISCAL IMP ACT: The City currently receives approximately $403 in property taxes;
with the stepped up basis of the new sale, including the estimated tax savings on the Mills
Contract, the City will incur a gain of property tax of approximately $152 per year.
3.17 Mills Act Contract No. MAC-1l1.0-04, (Historic Property Preservation
Agreements). (A2l00.0 Agr-4586)
SUMMARY: A proposal to approve Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange 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 $63,455. Location: 454 S. Orange Street.
NOTE: The correct address for this Contract is 454 S. Center Street.
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CITY COUNCIL MINUTES
November 23, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner, (Application No. MAC-111.0-04),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment; and authorized the Mayor and City
Clerk to execute on behalf of the City.
FISCAL IMP ACT: The City currently receives approximately $300 in property taxes;
with the stepped up basis of the new sale, including the estimated tax savings on the Mills
Contract, the City will incur a gain of property tax of approximately $137 per year.
3.18 Mills Act Contract No. MAC-112.0-04, (Historic Property Preservation
Agreements). (A2l00.0 Agr-4587)
SUMMARY: A proposal to approve Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange 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 $80,300. Location: 513 E. Washington
Avenue.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner, (Application No. MAC-1l2.0-04),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment; and authorized the Mayor and City
Clerk to execute on behalf of the City.
FISCAL IMPACT: The City will incur a loss of property tax of approximately $150 per
year.
3.19 Mills Act Contract No. MAC-113.0-04, (Historic Property Preservation
Agreements). (A2l00.0 Agr-4588)
SUMMARY: A proposal to approve Mills Act Contract for a historic, single-family
residence located within the Old Towne Orange 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 $69,350. Location: 327 E. Maple Avenue.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner, (Application No. MAC-113.0-04),
for the preservation, restoration and/or rehabilitation of a qualified historic property in
exchange for a reduced property tax assessment; and authorized the Mayor and City
Clerk to execute on behalf of the City.
FISCAL IMP ACT: The City currently receives approximately $598 in property taxes;
with the stepped up basis of the new sale, including the estimated tax savings on the Mills
Contract, the City will incur a gain of property tax of approximately $85 per year.
PAGE 8
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CITY COUNCIL MINUTES
November 23,2004
3. CONSENT CALENDAR (Continued)
3.20 Renewal of amended contract with PacifiC are Life and Health Insurance Company
to provide vision insurance benefits for City emlllovees effective January 1, 2005
through December 31, 2005. (A2l00.0 Agr-2939.C.l)
SUMMARY: The City currently contracts with PacifiCare Life and Health Insurance
Company to provide vision insurance benefits to City employees. PacificCare Vision
Insurance has presented a 12-month renewal (January I, 2005 through December 31,
2005) with a 3% rate increase.
ACTION: Approved a l2-month contract with PacifiCare Life and Health Insurance
Company for employee vision insurance coverage, and authorized the Mayor and City
Clerk to execute on behalf of the City.
FISCAL IMPACT: There is no additional fiscal impact to the current budget.
3.21 Renewal of amended contract with PacifiC are Life and Health Insurance Company
to provide vision insurance benefits for City retired emlllovees effective January 1,
2005 through December 31, 2005. 9A2100.0 Agr-2939.C.2)
SUMMARY: The City currently contracts with PacifiC are Life and Health Insurance
Company to provide vision insurance benefits to both current and retired City of Orange
employees. PacificCare Vision Insurance has presented a l2-month renewal (January 1,
2005 through December 31, 2005) with a 3% rate increase.
ACTION: Approved a l2-month contract with PacifiCare Life and Health Insurance
Company for retired employees vision insurance coverage, and authorized the Mayor and
City Clerk to execute on behalf of the City.
FISCAL IMP ACT: There is no additional fiscal impact to the current budget.
3.22 Approve contract renewal with Delta Dental Plan of California for employee dental
insurance benefits effective January 1, 2005 through December 31, 2005. (A2100.0
Agr-2937.A.9)
SUMMARY: The City has contracted with Delta Dental Plan of California to provide
indemnity dental insurance benefits to City employees. This is a comprehensive dental
insurance program for employees and their family members.
ACTION: Approved a one-year contract renewal with Delta Dental Plan of California,
and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: There is no additional fiscal impact to the current budget.
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CITY COUNCIL MINUTES
November 23,2004
3. CONSENT CALENDAR (Continued)
3.23 Approve the DeltaCare Group Dental Service contract with Private Medical-Care,
Inc., doing business as PMI Dental Health Plan. DeltaCare PMI is a pre-paid dental
plan for active employees and retired participants for dental insurance benefits.
This contract will become effective January 1, 2005 through December 31, 2005.
(A2l00.0 Agr-4590)
SUMMARY: The City has contracted with DeltaCare PMI to provide pre-paid dental
insurance benefits to City employees and retirees. DeltaCare PMI presented a 12-month
contract (January 1,2005 through December 31, 2005) with a 29% decrease in premium
rate compared to the City's current prepaid dental insurance provider, PacifiC are Dental.
ACTION: Approved a 12-month contract with DeltaCare Group Dental Service for
employee and retiree pre-paid dental insurance coverage, and authorized the Mayor and
City Clerk to execute on behalf of the City.
FISCAL IMP ACT: There is no additional fiscal impact to the current budget.
PURCHASE
3.24 Purchase of Park Furniture at Hart Park. (A2l00.0 Agr-4592)
SUMMARY: Staff requests that the City Council authorize the purchase of park
furniture on a sole source basis from Quick Crete Products Corporation in the amount of
$105,000 to replace the picnic tables, trash cans, barbeques and sinks at the picnic shelter
at Hart Park.
ACTION: (1) Authorized purchase of the Park Furniture from Quick Crete Products
Corporation, 731 Parkridge Ave., Norco, CA 92860, in the amount of $105,000; and (2)
Authorized the Mayor and City Clerk to execute the contract on behalf of the City.
FISCAL IMP ACT: Sufficient funds exist in the following account:
320-7021-481302-0094 (Replacement of Park Furniture-Proposition 12) $105,000
RESOLUTIONS
3.25 RESOLUTION NO. 9924 (C2500.D)
A Resolution of the City Council of the City of Orange expressing appreciation to
Councilmember Joanne Coontz and commending her for eighteen years of loyal and
dedicated service to the residents of Orange.
Note: Councilmember Coontz abstained.
ACTION: Approved.
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CITY COUNCIL MINUTES
November 23, 2004
3. CONSENT CALENDAR (Continued)
3.26 RESOLUTION NO. 9925 (C2500.D)
A Resolution of the City Council of the City of Orange expressing appreciation to
Councilmember Mike Alvarez and commending him for eight years of loyal and
dedicated service to the residents of Orange.
Note: Councilmember Alvarez abstained.
ACTION: Approved.
MOTION - Alvarez
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Councilmember Coontz abstained on Item 3.25. Councilmember Alvarez abstained on
Item 3.26. All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR MURPHY - None.
5. REPORTS FROM COUNCILMEMBERS -
Off Agenda Items
Councilmember Coontz - Spoke on the Veterans Day event on November II th and thanked City
staff for their efforts with the event. She stated she had hoped there would have been more
coverage in the local newspaper.
Councilmember Coontz - thanked Councilmember Ambriz for coordinating an event honoring
her on Thursday, December 2nd. Councilmember Ambriz spoke on the event, to be held at The
Villa, which is free and open to the public. It is requested that donations be made to the Orange
Library Foundation on behalf of Councilmember Coontz as she leaves office.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS
7.1 Report from Public Works Director on the purchase of property at 1314 North
Cannon Street. (C2500.M.16)
SUMMARY: This is one of the parcels necessary for the ultimate widening of the Cannon Street
Realignment Project.
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CITY COUNCIL MINUTES
November 23, 2004
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Ambriz
SECOND - Alvarez
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Appropriated $598,000 from the unreserved fund balance of Traffic Improvement -
Measure M, Fund 262, to account 262-5011-483300-3427 (Cannon Street Realignment).
7.2 Report from the City's Housing Manager regarding revisions to the Home
Improvement Program. (C2500.G.1.5)
SUMMARY: The City currently offers a Home Improvement Program to qualified Very Low
and Low Income residents of owner-occupied, single-family homes and mobile homes.
Participation in the Program has been steadily declining, and staff is proposing to modify the
Program to provide more attractive terms and encourage participation.
Discussion - Housing Manager Mary Ellen Laster presented the staff report.
Mayor pro tern Cavecche clarified that the source of the funds for this program is strictly through
the Community Development Block Grant (CDBG) program and not General Fund money.
Councilmember Ambriz confirmed that staff has advertised the December 2nd meeting for non-
profit organizations on the availability of CDBG monies.
MOTION - Cavecche
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION:
(I) Approved the proposed revisions to the Home Improvement Program.
(2) Authorized staff and the City Attorney or his designee to prepare all documents necessary
to implement the revised guidelines.
(3) Authorized the City Attorney or his designee to amend documents for nine existing
Deferred Payment Loans so that they are consistent with the revised guidelines.
(4) Authorized the City Manager or his designee to execute all related documents.
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CITY COUNCIL MINUTES
November 23, 2004
7. ADMINISTRATIVE REPORTS (Continued)
7.3 Report from the Chief of Police on an Amendment of the Master Schedule of Fees to
increase the release fees for vehicles impounded under the 30-Day Impound Program and
to establish a Traffic Safety Fund from the revenue and to approve the acceptance of a
grant in the amount of $433,205.00 from the California Office of Traffic Safety.
(C2500.J.1.0.1)
SUMMARY: The Police Department instituted a 30-Day Impound Program on March I as part
of a more comprehensive traffic safety program that includes a large grant from the California
Office of Traffic Safety (OTS). The program is intended to reduce fatal, serious injury and hit
and run collisions by impounding for 30 days the vehicles of unlicensed or suspended drivers
and by creating a two-officer team dedicated to DUI enforcement. The California Vehicle Code
requires the Police Department to offer a hearing to the owners of the vehicles to determine if the
vehicle should remain in police custody for the entire 30-Day period or be released early. The
California Vehicle Code also authorizes the imposition of a vehicle release fee associated with
30-Day hnpound Programs.
Discussion - Police Chief Bob Gustafson presented the staffreport. He credited Sergeant Jeffrey
Burton and Lieutenant Brad Davis for creating the program.
RESOLUTION NO. 9928
A Resolution of the City Council of the City of Orange amending the Master Schedule of Fees
and Charges as authorized by Orange Municipal Code Chapter 3.10 relating to Vehicle Release
Fees.
MOTION -Alvarez
SECOND -Ambriz
AYES -Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION:
I. Accepted the State OTS grant.
2. Adopted Resolution No. 9928 Amending the Master Schedule of Fees and Charges as
specified.
3. Amended the revenue budget to reflect the receipt of $196,487.00 from the State OTS
grant to 350-4041-262900 State Grant.
4. Appropriated $113,750.00 from 350-4041-262900 to 350-4041-411101 Regular Salaries
- Safety.
5. Appropriated $26,267.00 from 350-4041-262900 to 350-4041-412101 Overtime - Safety.
6. Appropriated $2,000.00 from 350-4041-262900 to 350-4041-429400 Local Training and
Conference.
7. Appropriated $47,270.00 from 350-4041-262900 to 350-4041-426700 Other
Professional.
8. Appropriated $7,200.00 from 350-4041-262900 to 350-4041-471301 Equipment.
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CITY COUNCIL MINUTES
November 23, 2004
7. ADMINISTRATIVE REPORTS (Continued)
9. Appropriated $42,000.000 from 350-4041-276700 Police Tow Release Revenue to 350-
4041-41110 1 Regular Salaries - Safety.
10. Authorized the Police Department to increase its number of sworn officers by 2 from 158
to 160 sworn police officers.
11. Authorized $48,900.06 in "in-kind" traffic enforcement efforts from existing programs
toward the required grant match.
8. REPORTS FROM CITY MANAGER
8.1 Report on Supplemental funding for the Fred Kelly stadium track and field
renovation project. (OR1800.0.10.5)
SUMMARY: At the November 9th City Council meeting, the Council considered a request from
the Community Foundation for additional City support of the Fred Kelly field renovation project.
The Council further directed that the City Manager return with options to fund an additional
contribution of up to $75,000 for this project.
Discussion -- Assistant City Manager John Sibley gave a briefreport. He indicated that as of yet
there are no joint use agreements signed with the Orange Unified School District, but he
indicated that staff would be pursuing the use of the field by the community, as well as the
school district.
Councilmember Coontz stated her desire that the joint use agreement be put in place prior to the
completion of the project. She also requested coordination between the Community
Foundation's targeted projects and the Park Planning and Development Commission's identified
priorities. In addition, she requested Council be apprised of the Foundation's activities.
Councilmember Alvarez asked for clarification as to the source of the funds. He also expressed
concern that the west end of the City be assessed for future use of Quimby monies.
Mr. Sibley indicated that the Quimby Fund 511 is the source of the $75,000. After the
allocation, the fund balance will be approximately $80,000 at year's end. The proposed
Trammel Crow and BRE development projects will bring in additional Quimby funds in the near
future. He also added that the Park Planning and Development Commission is in support of this
action before the Council today.
City Manager David Rudat announced that the Trammel Crow Company pulled their project
permits that day and that their park permit fees amounted to $1.5 million to be added to the
Quimby Fund.
Mayor pro tern Cavecche added that Federal law requires that Quimby monies be spent in the
location of the project paying the fee.
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CITY COUNCIL MINUTES
November 23, 2004
8. REPORTS FROM CITY MANAGER (Continued)
Councilmember Ambriz asked why there was no agreement between the City and OUSD. He
also requested documentation on a regular basis on the progress of the project.
City Attorney David DeBerry indicated that a letter would be sent with the money to the school
district requiring an acknowledgement and an acceptance.
Orange Unified School District Trustee Kimberly Nichols conveyed the District's support for the
project.
Mayor Murphy requested that the intent of the discussion and action at this meeting be conveyed
to the school district regarding follow-up and information exchanged.
MOTION - Murphy
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION:
1. Found that the funding of this project through the Community Foundation is a benefit to
the residents and sports teams of the City.
2. Directed staff to continue with discussions with the Orange Unified School District to
maximize the joint use opportunities for this facility.
3. Appropriated up to $75,000 from Fund 511 and authorize the City Manager to forward
those funds to the Community Foundation specifically for the Fred Kelly Stadium project.
4. Directed that the expenditure of these funds, by the Foundation, be subject to audit at the
request ofthe City.
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 24-04 (SECOND READING) (A2500.0 ORD-24-04 Public
Works)
An Ordinance ofthe City Council ofthe 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 -Cavecche
SECOND -Coontz
AYES -Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 24-04 be read by title only and same was adopted and approved by
the preceding vote.
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November 23, 2004
LEGAL AFFAIRS (Continued)
9.2 ORDINANCE NO. 25-04 (SECOND READING)
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 -Alvarez
A YES -Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 25-04 be read by title only and same was adopted and approved by
the preceding vote.
9.3 ORDINANCE NO. 26-04 (FIRST READING) (A2500.0 ORD-26-04 Speed Limits)
An Ordinance of the City Council of the City of Orange amending Section 10.14.050 of Chapter
10.14 of the Orange Municipal Code pertaining to speed limits.
Mayor pro tern Cavecche clarified, for the record, that although she dislikes the idea of raising
speed limits, it is necessary for enforcement purposes which can be upheld in the courts.
MOTION -Ambriz
SECOND -Coontz
A YES -Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved that Ordinance No. 26-04 be read by title only and same was set for second reading by
the preceding vote.
10. NOTICED HEARINGS
10. 1 PROPERTY ACQUISITION BY EMINENT DOMAIN, 179 NORTH TUSTIN
STREET AND 1805-1845 EAST CHAPMAN AVENUE. (C2500.M.14)
Time set for a noticed public hearing on Resolution of Necessity to acquire properties for
intersection improvements being constructed at Tustin Street and Chapman Avenue. As part of
its plans to improve the intersection at Tustin Street and Chapman A venue, the City will need to
acquire private property on Chapman Avenue, east of its intersection with Tustin Street and on
Tustin Street, north of its intersection with Chapman Avenue.
Discussion - Public Works Director Harry Thomas presented the staff report, noting that the
intersection improvements will accommodate turn lanes and a bus bay; and discussions with
Orange County Transit Authority have occurred regarding the safety issues with the bus stop
location.
Councilmember Alvarez asked whether discussions with the businesses have occurred apprising
them of the impacts.
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CITY COUNCIL MINUTES
November 23, 2004
10. NOTICED HEARINGS (Continued)
Mr. Thomas stated they hope to schedule much of the work at night to diminish its impact on the
local businesses; and that the public relations effort will be ongoing.
MAYOR MURPHY OPENED THE PUBLIC HEARING
City Attorney David DeBerry stated that according to eminent domain proceedings, if a property
owner does not submit a written request ahead of time to speak at the public hearing, that
property owner waives his ability to contest the findings in the resolution; however, pursuant to
the Brown Act, Mr. DeBerry recommended that speakers could be allowed to address the
Council.
Jim Faydock, 127 S. Lincoln, spoke on the traffic congestion at Tustin and Chapman, noting that
most of the traffic is from motorists passing through the area and not from local residents.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
RESOLUTION NO. 9917
A Resolution of the City Council of the City Orange declaring the public interest and necessity
of acquiring certain real property located at 179 North Tustin Street and 1805-1845 East
Chapman Avenue and authorizing the acquisition thereof.
Owners of Record: Orange Square, LLC
MOTION - Alvarez
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
Moved to approve Resolution No. 9917.
10.2 SOLID WASTE RATE ADJUSTMENTS (C2500.M.l)
Time set for a noticed public hearing to consider adoption of adjusted fees for the provision of
residential and commercial solid waste services.
The City entered into an agreement with Waste Management of Orange County effective June 1,
1999 for the provision of solid waste collection and disposal services. The agreement provides
that Waste Management may request a rate adjustment each year based on specific economic
factors including changes in the producer price index and County of Orange landfill disposal
fees. The agreement also requires that specified residential and commercial rates be within the
lowest one-third of all cities in Orange County providing similar solid waste services. Staff has
reviewed and validated Waste Management's rate adjustment request. If approved, the rates
shown in Resolution No. 9923 will become effective January 1, 2005. Even with the increase,
residents in the City will continue to pay the lowest comparable rate in the County.
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CITY COUNCIL MINUTES
November 23, 2004
10. NOTICED HEARINGS (Continued)
Discussion
Public Works Director Harry Thomas summarized the staff report, noting that this is the first rate
increase since January, 2001. He added that the actual cost to the customer is subsidized by
funds recovered from the prior waste hauler; and this subsidy should last the life of the contract
which terminates on May 31,2009.
MAYOR MURPHY OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING.
Mayor pro tem Cavecche noted that when the subsidy ends, there will be a huge increase to the
customer which a future Council will be required to address. She suggested there needs to be a
policy decision on how to make the migration off the subsidy so the public is not hit with a large
increase at one time. She added that in the future an ordinance be considered to adopt a
construction waste recycling program.
RESOLUTION NO. 9923
A Resolution of the City Council of the City of Orange approving revised rates for solid waste
collection and disposal services.
MOTION - Ambriz
SECOND - Cavecche
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ACTION: Approved Resolution No. 9923; approved an appropriation in the amount of
$200,000 to expenditure Account 222-5022-427400 (Trash Disposal Service Contract); and
increased the revenue budget in Account 222-5022-274100 (Refuse Collection Charges) by the
same amount.
11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
12. RECESS TO CLOSED SESSION
Note; The City Council did not recess.
The City Council will recess to a Closed Session for the following purposes:
a. 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.
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CITY COUNCIL MINUTES
November 23,2004
13. ADJOURNMENT - The City Council adjourned at 5:45 p.m. to an Adjourned Regular
Meeting on December 7, 2004, at 7:00 p.m. in the Council Chambers for the Oath of Office
ceremony for the newly elected public officials.
Lt<r c~
~HY
CITY CLERK
t. f}11
MARKA.MURP
MAYOR
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