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12/14/2004 - Council Minutes - CC Minutes Reg Meeting APPROVED BY THE CITY COUNCIL ON JANUARY 11,2005 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING December 14, 2004 The City Council of the City of Orange, California convened on December 14, 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 Inna Hernandez, Assistant to the City Manager 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor pro tern Cavecche 1.3 ROLL CALL PRESENT - ABSENT - Smith, Ambriz, Mayor Murphy, Cavecche, Dumitru None 1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS Presentation by Rita Linsey, Orange County Transportation Authority, of the OCTA 2004 Employee Transportation Coordinator of the Year award to Personnel Services Department employee Monica Vazquez in recognition of her outstanding contributions to the City's Employee Trip Reduction Program. Presentation by Pat Oberle, Personnel Services, of donations collected during the 2004 Annual Employee RidesharelHealth Fair by City employees to Community Health Charities of California. $459.50 each to ALS Association (Lou Gehrig's Disease) and Muscular Dystrophy Association. Presentation by Nora Jacob, Mary Murphy and Robert Gustafson, 2004 City of Orange United Way Co-Chairs, of donations collected through the 2004 United Way Special Events - $3,315.62 each to Ronald McDonald House and Orange Elderly Services; and recognition of the 2004 United Way Campaign Committee members. Introduction by Nora Jacob, Library Director, of Dona Russie representing Team Viper who spoke of sending holiday messages to troops fighting abroad. Mayor Murphy acknowledged several students in the audience from Lutheran High School of Orange County observing the meeting. PAGE 1 CITY COUNCIL MINUTES December 14, 2004 2. PUBLIC COMMENTS Clyde Ahrens, 1947 Altozano Dr., El Cajon, submitted information on a proposed development project and asked for assistance is expediting the project. 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 December 14, 2004 at Orange Civic Center kiosk, Police facility at 1107 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 18, 24 and December 2, 2004. ACTION: Approved. 3.3 Request approval of City Council Minutes, Regular Meeting November 23, 2004. (C2500.D.4) NOTE: Councilmembers Dumitru and Smith abstained. ACTION: Approved. 3.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. Page 2 -"-"'I-'--'-~--'---'~'_._--"--._--_._---' CITY COUNCIL MINUTES December 14, 2004 3. CONSENT CALENDAR (Continued) AGREEMENTS 3.5 Sewer Service Agreement - Request by Rene' E. Bollen to connect his property to City of Orange sewer. (A2100.0 Agr-4596) SUMMARY: Rene' Bollen, owner of residential real property located at 10502 South Randall Street (APN: 379-561-06) in an unincorporated area of the County of Orange, has requested to connect his house sewer lateral to the City sewer main in Randall Street. He has executed a Sewer Service Agreement with the City of Orange and is requesting City Council approval. ACTION: Approved the connection request from Rene' Bollen and authorized the Mayor and the City Clerk to execute the Sewer Service Agreement on behalf of the City. FISCAL IMPACT: None. The property owner has paid all connection fees. 3.6 Consultant Services Agreement with Siemens ITS in the amount of $47,975.00. (A2100.0 Agr-4276.A) SUMMARY: This will provide professional services for design, construction and implementation ofthe next development phase of the City's Traffic Management Center. ACTION: Approved Consultant Services Agreement with Siemens ITS in the amount of $47,975.00, and authorized Mayor and City Clerk to execute on behalf of the City. FISCAL IMP ACT: following account: $85,000.00 Funds for this project have been budgeted and are available in the 272-5032-483100-6064 Traffic Management Software 3.7 First Amendment to Contract Agreement with Republic Electric, a California corporation, for traffic signal maintenance services. (A2100.0 Agr-0332.E.l) SUMMARY: The First Amendment to Contract Agreement will operate, among other things, to give the City's consent to the assignment by Signal Maintenance, Inc., a Delaware corporation, to Republic Electric, a California corporation, of the former's contract with the City for traffic signal maintenance. ACTION: Approved the First Amendment to Contract Agreement with Republic Electric, Inc. and authorized the Mayor to execute, and City Clerk to attest, the First Amendment to Contract Agreement on behalf of the City. FISCAL IMP ACT: None. Page 3 CITY COUNCIL MINUTES December 14, 2004 3. CONSENT CALENDAR (Continued) 3.8 Approval of the core financing team and Consultant Services Agreements for professional and technical services in connection with the formation of the Del Rio Community Facilities District (CFD) and the issuance of bonds to fund the costs of certain public improvements within the Del Rio CFD. (A2100.0 Agr-4597, 4598, 4599. SUMMARY: North Orange Del Rio, LLC, a California limited liability company, the developer of a 716 unit residential development project commonly referred to as the Del Rio project, has asked the City to form a community facilities district pursuant to the Mello-Roos Community Facilities District Act of 1982 (California Government Code Sections 53311 et seq., as amended) for the purpose of financing the cost of public improvements proposed to be constructed as part of the Del Rio project. The timing of the creation of this CFD and the eventual construction of the housing units in this area is months away. This is the first step in contracting for the "core" financing team that will be needed to establish the CFD and to start the processes for the eventual issuance of bonds to fund the public improvements. In order to commence the CFD formation process, the City requires the services of a Financial Advisor, Bond Counsel and a Special Tax Consultant. All of these consultants will be paid from the proceeds of the bonds or from developer deposits. ACTION: I. Approved a Professional Services Agreement for financial advisory services with Fieldman, Rolapp & Associates, a California corporation; 2. Approved an Attorney Services Agreement for bond counsel services with Quint & Thimmig LLP, a California limited liability partnership; 3. Approved an Agreement for Consulting Services for special tax consulting services with David Taussig and Associates, Inc., a California corporation; and 4. Directed staff to proceed with the formation of a Community Facility District for the Del Rio development project. FISCAL IMPACT: Payment of fees for all of the consultants, including reimbursable expenses, will be contingent on and payable from the proceeds of the CFD bonds or from Developer deposits. There will be no impact to the City's general fund. 3.9 Award of Professional Engineering Services Agreement for Community Development Block Grant (CDBG) Project - Palm Avenue Reconstruction from Batavia Street to Cypress Street (SP-3505). (A2l00.0 Agr-4600) SUMMARY: This agreement authorizes the Consultant, Kabbara Engineering, to provide field surveying, geotechnical report, and preparation of plans, specifications and cost Page 4 ~---_.._.._--'_._------- CITY COUNCIL MINUTES December 14, 2004 3. CONSENT CALENDAR (Continued) estimates for the CDBG Palm Avenue Reconstruction from Batavia Street to Cypress Street. ACTION: Approved an agreement with Kabbara Engineering in an amount not to exceed $32,830.00 and authorized the Mayor and the City Clerk to execute on behalf of the City. FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program FY 04-05 and are available in the following account: 310-9645-483300-3029 $298,000.00 CDBG Palm Avenue Reconstruction 3.10 Side Letter Agreement between the Water Department Employees' Association and the City of Orange dealing with Agency Shop. A2l00.0 Agr-460l) SUMMARY: On October 28, 2004 the City's Water Department Employees' Association voted in favor of establishing an Agency Shop. This Agency Shop provision requires that as a condition of continuing employment, all employees covered by this Memorandum of Understanding must either join the Association or pay to the Association a service fee in lieu thereof. ACTION: Approved the Side Letter Agreement between the Water Department Employees' Association and the City of Orange dealing with Agency Shop, and authorized the Mayor and the City Clerk to execute this Agreement on behalf of the City. FISCAL IMPACT: None 3.11 Service Agreement with CONEXIS Benefits Administrators, L.P. (CONEXIS) to oversee the City's Health Care and Dependent Care Flexible Spending Accounts. This Agreement will become effective January 1, 2005. (A2l00.0 Agr-4602) SUMMARY: The City solicited proposals for the administration of the City's Flexible Spending Accounts for City employees. The proposed new vendor, CONEXIS, is located in the City of Orange, and was able to offer a greater level of services to our employees compared to our existing provider, for the lowest premium per participant. ACTION: 1. Approved the Service Agreement with CONEXIS for Employee Health Care Reimbursement and Dependent Care Reimbursement Flexible Spending Accounts, and authorized the Mayor and the City Clerk to execute on behalf of the City; and 2. Authorized the City Manager, upon the advice and recommendation of the Personnel Director, to determine whether to extend the term of the Service Agreement for successive calendar years. Page 5 CITY COUNCIL MINUTES December 14, 2004 3. CONSENT CALENDAR (Continued) FISCAL IMPACT: There is no additional fiscal impact to the current budget. It is estimated this service will cost the City around $5,000 annually. Adequate funds are currently budgeted within the Personnel Services Department operating budget to cover these expenses. APPROPRlA nONS 3.12 Request to appropriate $12,000.00 to maintain rental properties. (P2500.0.l) SUMMARY: Certain improvements are necessary to make the houses rentable at both 1314 N. Cannon Street and 637 W. La Veta Avenue. ACTION: Appropriated $12,000.00 from Fund 272-35000 (Unappropriated Reserves) to: $8,500.00 into Account 272-5011-424501-3424 (Cannon Street Property Maintenance) $3,500.00 into Account 272-5011-424501-4039 (La Veta Avenue. Property Maint.) FISCAL IMPACT: Sufficient funds are available in Unappropriated Reserves to appropriate to these two accounts. 3.13 Appropriation For Tenet Healthcare Foundation and United States Tennis Association (USTA) of Southern California Grants. (C2500.N) SUMMARY: The Community Services Department received grant funding in the amount of $2,500 from the Tenet Healthcare Foundation and $3,000 from the United States Tennis Association of Southern California for the purchase of supplies, equipment and instruction for the City's after-school programs. ACTION: Appropriated funds from Tenet Healthcare Foundation and the United States Tennis Association as follows: 100-7011-443800 (Other Recreational) 100-7014-443500 (Athletic Supplies) 100-7014-427800 (Other Contractual) Total: $2,500 $1,000 $2,000 $5,500 FISCAL IMP ACT: After the appropriation, sufficient funds will be available. 3.14 Assembly Bill (AB) 3229 grant money for funding of Police support personnel. (C2500.K) SUMMARY: AB 3229 makes funds available under the FY 2004 Citizen's Option for Public Safety (COPS) Program in the Governor's budget. The City of Orange was awarded $200,565 and proposes to continue funding the civilian police support positions using FY 2004 AB 3229 COPS Program Funds. These positions enhance the Police Department's ability to place sworn Police Officers in the field. Page 6 n ---T-- CITY COUNCIL MINUTES December 14, 2004 3. CONSENT CALENDAR (Continued) ACTION: Allocated the $200,565 FY 2004 COPS grant award to continue funding four (4) full-time and two (2) part-time civilian positions through June 30, 2006. FISCAL IMPACT: The City of Orange was awarded $200,565 through the FY 2004 COPS grant program. These funds have been placed in a separate fund (354 - AB 3229 Supplemental Law Enforcement Services) and cannot be transferred to or intermingled with other funds, except to facilitate appropriation and expenditures by the statute. Interest earnings in Fund 354 will also be allocated to payroll expenditures for the six (6) positions. This award will support the allocation plan and the approval does not require a budget adjustment. BIDS 3.15 Bid No. 045-14 - Award a construction contract to High Light Electric of Riverside for installation of traffic signal improvements at Glassell & Adams, Chapman & Malena and Main & Stewart. (A2100.0 Agr-4603) 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 Avenue. The Main & Stewart signal will be upgraded for the St. Joseph Hospital expansIOn. ACTION: 1) Appropriated $84,000.00 from unappropriated reserves in Fund 272 to Account No. 272-5032-483100-6028 (Glassell/Adams Traffic Signal); and 2) Awarded a contract to High Light Electric in the amount of $230,000.00 and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: available as follows: $186,300.00 20,000.00 30.000.00 $236,300.00 Upon transfer and appropriation, funds for this project will be 272-5032-483100-6028 262-5032-485100-4906 550-5032-483100-6030 Total Glassell/ Adams Traffic Signal Minor Traffic Control Devices St. Joseph Hospital Deposit 3.16 Approve Plans and Specifications and authorize advertising bids for construction of Reservoir 4 Pump Station. (C2500.P.3) SUMMARY: Plans and specifications have been completed for Reservoir 4 Pump Station. The project is ready to be advertised for bids. The preliminary engineering cost estimate is $850,000.00 ACTION: Approved plans and specifications and authorized advertising for bids for the construction of Reservoir 4 Pump Station. Page 7 CITY COUNCIL MINUTES December 14,2004 3. CONSENT CALENDAR (Continued) FISCAL IMP ACT: Funds are budgeted and available in the following account: $306,900.00 601-8011-484102-8314 Water CIP ~ Reservoir 4 Pump Station 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. Dawna Garcia b. Jeff Mayfield ACTION: Denied Claim(s) for damages and refer to City Attorney and Adjuster. CONTRACTS 3.18 Award of Contract - Bid No. 045-22; Project No. SP-3504; CDBG Project - Americans with Disabilities Act (ADA) Wheelchair Access Ramps at Various Locations, Fiscal Year 2004-05. (A2100.0 Agr-4604) SUMMARY: This project will provide for construction of wheelchair access ramps conforming to the requirements of Americans with Disabilities Act at various locations citywide. ACTION: Awarded Contract - Bid No. 045-22 in the amount of $130,944.00 to the low bidder, Kalban, Inc. 9075 Glenoaks Blvd., Sun Valley, CA 91352 and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMP ACT: Funds are budgeted and are available in the following account: 310-9645-483300-1328 $ 169,780 (Community Development Block Grant Funds- ADA Improvements) 3.19 Final Acceptance of installation of traffic improvements Bid No. 034-20 at various locations. (No staff report required). (A21 00.0 Agr-4409) SUMMARY: Moore Signals & Lighting was awarded a contract on December 9,2003 for the installation of a traffic signal at the intersection of Serrano Ave. & Parkhurst/San Lorenzo; street improvements on Serrano Ave. from Cannon St. to Mt. McKinley Blvd.; street lighting modifications on Pine St. from Maple Ave. to Palm Ave. and Cambridge St. from Chapman Ave. to Palm Ave.; bridge deck and approach lighting over the SR-55 Fwy. overcrossings at LaVeta Ave., Walnut Ave., Collins Ave. and Meats Ave.; median landscaping modifications on Serrano Ave. at Sierra VistalMagdalena Dr. Page 8 '---'--'-T--"'-~'--- . CITY COUNCIL MINUTES December 14, 2004 3. CONSENT CALENDAR (Continued) ACTION: Accepted public work improvement, authorized release of retention funds, and authorized Mayor and City Clerk to execute the Notice of Completion. FISCAL IMPACT: None 3.20 Final Acceptance of development of a traffic surveillance center. (No staff report required). (A2l00.0 Agr-3470) SUMMARY: National Engineering Technology (NET) Corporation was awarded a contract for the development of a traffic surveillance center at the City Corporation Yard, 637 W. Struck Avenue. ACTION: Accepted public work improvement, authorized release of retention funds, and authorized Mayor and City Clerk to execute the Notice of Completion. FISCAL IMPACT: None 3.21 Final Acceptance of a certain public work and improvement project known as Contract Agreement No. 4479 for Waterline Renewal for Lemon, Oceanview, Gayle, Little Main and Shaffer Street (Bid No. 034-28). (No staff report required). (A2l00.0 Agr-4479) SUMMARY: Henkels & McCoy, Inc. was awarded a contract for the installation of a waterline renewal for Lemon, Oceanview, Gayle, Little Main and Shaffer Street. ACTION: Accepted public work improvement, authorized release of retention funds, and authorized Mayor and City Clerk to execute the Notice of Completion. FISCAL IMP ACT: None 3.22 Final Acceptance of Bid No. 045-05; SP-3494; Rolling Green Lane e/o Queensgate Way Cul-de-sac Reconstruction and authorization to file Notice of Completion with the County Recorder (No staff report required). (A2l00.0 Agr-4544) SUMMARY: Bid No. 045-05; SP-3494; Rolling Green Lane e/o Queensgate Way Cul- de-sac Reconstruction. Staff recommends acceptance of improvements. The contractor on said job was Damon Construction Company. ACTION: Accepted public work improvements, authorized release of Arch Insurance Company of Missouri, Bond No. SU 5010740 in the amount of $68,150.00, and authorized the Mayor and City Clerk to execute the Notice of Completion. FISCAL IMPACT: None. Page 9 CITY COUNCIL MINUTES December 14, 2004 3. CONSENT CALENDAR (Continued) 3.23 Award Contract - Bid No. 045-21, Water Main Renewal for Villareal Drive. (A2l00.0 Agr-4605) SUMMARY: This contract authorizes the construction of a 16-inch water main along Villareal Drive. Engineered Plumbing of Baldwin Park, CA 91706 is the lowest responsible bidder. ACTION: Awarded a contract in the amount of $247,372.00 to Engineered Plumbing, 5011 Bleecker St., Baldwin Park, CA 91706, and authorized the Mayor and the City Clerk to execute on behalf of the City. FISCAL IMPACT: $250,000.00 $ 25,000.00 GRANTS Funds are budgeted and are available in the following accounts: 601-8041-484501-8323 Villareal Waterline Replacement 601-8041-484501-8400 Pipeline Renewal 3.24 Request to accept into the City's revenue budget and to appropriate $10,000 from the California State Library a Global Languages Materials grant to purchase children's Spanish-language materials for the Orange Public (Main) Library and the EI Modena Branch Library. (C2500.I) SUMMARY: Orange Public Library (OPL) has been awarded $10,000 in Federal Library Services & Technology Act (LST A) grant funds. These funds will be split evenly between the Main Library and the EI Modena Branch Library to purchase children's Spanish-language materials. Acceptance of this revenue and its appropriation into the FY 04-05 budget are requested. ACTIONS: (1) Accepted into the City's revenue budget the $10,000 grant from the California State Library, into account 100-2001-262900-9919 (Global Materials); and (2) Appropriated the grant funds to account 100-2001-443101-9919 (Global Materials). FISCAL IMPACT: The Library's available funds for books will increase by $10,000 in FY 04-05 due to the successful application for grant funds from the California State Library. RESOLUTIONS 3.25 RESOLUTION NO. 9926 (S4000.S.4) A Resolution of the City Council of the City of Orange summarily vacating a portion of the north side of a cul-de-sac on Meats Ave., west of Glassell Street, for street purposes, reserving and excepting an easement for any and all existing utilities. ACTION: Approved. Page 10 ~r CITY COUNCIL MINUTES December 14, 2004 3. CONSENT CALENDAR (Continued) 3.26 RESOLUTION NO. 9927 (C2500.J.4) A Resolution of the City Council of the City of Orange regarding the 2004 Christmas holiday closure. ACTION: Approved. 3.27 RESOLUTION NO. 9930 (C2500.M) A Resolution of the City Council of the City of Orange authorizing application for the Fiscal Year (FY) 2004/2005 SB 1346 Rubberized Asphalt Concrete Grant Program. ACTION: Approved. TRACT MAP 3.28 Request from MBK Homes to approve the recordation of Final Tract Map No. 16601. (T4000.0 TRM-1660l) SUMMARY: MBK Homes is requesting that the City Council approve the recordation of Tract Map No. 16601. This map is the last remaining residential project in the Serrano Heights Development, Phase Two, approved by Council as part of Tentative Tract Map 14360. All plans have been approved, fees paid and bonds posted to guarantee improvements. ACTION: Approved the request from Sun Cal Companies for the recordation of Final Tract Map No. 16601. FISCAL IMPACT: None. MOTION - Ambriz SECOND - Cavecche AYES - Smith, Ambriz, Mayor Murphy, Cavecche, Dumitru All items on the Consent Calendar were approved as recommended. Councilmembers Dumitru and Smith abstained on Item 3.3. END OF CONSENT CALENDAR ********** Page 11 CITY COUNCIL MINUTES December 14, 2004 4. REPORTS FROM MAYOR MURPHY 4.1 Council Reorganization. MOTION - Murphy SECOND - Smith AYES - Smith, Ambriz, Mayor Murphy, Cavecche, Dumitru ACTION: Reappointed Carolyn Cavecche as Mayor pro tern for a two year period. 5. REPORTS FROM COUNCIL MEMBERS - None. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 6.1 Accept resignation from Teresa "Tita' Smith from the Planning Commission. (C2500.G.2.5.l) MOTION - Cavecche SECOND - Dumitru AYES - Ambriz, Mayor Murphy, Cavecche, Dumitru ABSTAIN - Smith ACTION: Accepted Teresa Smith's resignation from the Planning Commission. 7. ADMINISTRATIVE REPORTS 7.1 Report from the Public Works Director/City Engineer on City Project 3002; Master Plan of Utilities Undergrounding. (C2500.M.13) SUMMARY: The Public Works Department has prepared a study and cost evaluation for the undergrounding of overhead utility lines within the City of Orange boundaries. Based upon the anticipated allocations through the Southern California Edison Rule 20A program, the study identified, prioritized and evaluated the benefits and costs to the City to place overhead utility lines along existing arterial highways underground. MOTION - Smith SECOND - Ambriz AYES - Smith, Ambriz, Mayor Murphy, Cavecche, Dumitru ACTION: Received and Filed. 7.2 Report from Assistant Planning Director on an amendment to consulting services agreement with URS Corporation to provide peer review services relating to the Runoff Management Plan (ROMP) for East Orange/Santiago Hills II. (A2100.0 Agr-4367.2) Page 12 -T-- CITY COUNCIL MINUTES December 14,2004 7. ADMINISTRATIVE REPORTS (Continued) SUMMARY: On October 28, 2003, the City Council approved a consulting services agreement with URS Corporation to perform peer review for the ROMPs that were prepared for the East Orange and Santiago Hills II projects. Complexities associated with the work that was required to be performed required the consultant to spend a great deal of time beyond that projected in the original scope of work in order to assure that the runoff that is created by the proposed projects is properly addressed. The priority, of course, was to thoroughly understand any impacts resulting from the project. MOTION - Ambriz SECOND - Cavecche AYES - Smith, Ambriz, Mayor Murphy, Cavecche, Dumitru ACTION: Approved and authorized the Mayor and City Clerk to execute an amendment to consulting services agreement with URS Corporation for technical peer review services of two runoff management plans and other work related to the preparation of the EIR for East Orange/Santiago Hills II to add an additional $15,000 to the contract for a total amount of $123,700. FISCAL IMPACT: None. The applicant, The Irvine Company, will pay for the cost of these services. 7.3 Report from Assistant Planning Director on an amendment to consulting services agreement with Jones & Stokes Associates to provide consulting services associated with preparing an Environmental Impact Report for developments proposed for Santiago Hills II and East Orange. (A2l00.0 Agr-4171.2) SUMMARY: Jones & Stokes began work on this environmental document in December, 2002 with an initial schedule calling for completion of the EIR in approximately one year. Because of numerous complexities encountered, we are currently in the second year of this process and it is estimated that $200,000 additional will be needed. It should be pointed out that staff is aggressively working with Jones & Stokes to minimize costs wherever possible, however, the highest priority is given to ensuring that a high quality EIR is produced that is informative to the City Council and Planning Commission, as well as to interested members of the public. In this endeavor, the magnitude of the project and the challenges of fully investigating and disclosing all relevant environmental information has led to the need to perform more work than was originally proj ected. MOTION - Ambriz SECOND - Dumitru AYES - Smith, Ambriz, Mayor Murphy, Cavecche, Dumitru Page 13 CITY COUNCIL MINUTES December 14, 2004 7. ADMINISTRATIVE REPORTS (Coutinued) ACTION: Approved Amendment to Consulting Services Agreement with Jones & Stokes Associates in the amount not to exceed $900,000 and authorized the Mayor and City Clerk to execute said Agreement. FISCAL IMPACT: None. The applicant, The Irvine Company, will pay for the cost of these services. 7.4 Report from the Acting Economic Development Director regarding the Annual Report ofthe Orange Redevelopment Agency for Fiscal Year 2003-2004, and authorization to transmit the report to the Controller of the State of California. (R3500.0) SUMMARY: The Annual Report describes the activities of the Redevelopment Agency during Fiscal Year 2003-2004, and includes a fiscal statement and independent audit report relating to the Agency's finances. (See ORA Minutes Item No. 7.1) Mayor pro tern Cavecche asked how many units in the IS-unit project on Manchester were to be offered as affordable units. Jim Reichert, Acting Economic Development Director responded that nine of the units would be affordable and added that the hearing on the project would be heard by City Council on January 11,2005. RESOLUTION NO. 9931 A Resolution of the City Council of the City of Orange approving the Annual Report of the Orange Redevelopment Agency for Fiscal Year 2003-2004 and authorizing and directing its transmittal to the Controller of the State ofCalifomia. MOTION - Murphy SECOND - Dumitru AYES - Smith, Ambriz, Mayor Murphy, Cavecche, Dumitru ACTION: Approved. FISCAL IMPACT: None 7.5 Report from Public Works Director regarding award of contract to Alliance Environmental Group, Inc. for Asbestos Abatement and Demolition and Right-of-Way Clearance at 105, 125, 164, and 170 South Water Street (Bid No. 045-20; Project No. SP- 3502) and approval of Cooperation Agreement with Orange Redevelopment Agency. (A2100.0 Agr-4606) Page 14 . . .__ uo..,..._.._...___._ ........ ..... CITY COUNCIL MINUTES December 14, 2004 7. ADMINISTRATIVE REPORTS (Continued) SUMMARY: The City and the Orange Redevelopment Agency (Agency) acquired real property from the Orange County Fire Authority at 105, 125, 164, and 170 South Water Street. For health and safety reasons, City and the Agency desire to demolish several buildings and structures located on their respective properties. Bids were solicited for the demolition work, including asbestos removal. The bids were opened on November 4, 2004. Twelve (12) bidders responded to the invitation for bids. The apparent low bidder is Alliance Environmental Group, Inc. at $118,600.00. If approved, the City will contract for the demolition work and the Agency will reimburse the City for its proportionate share of the cost in accordance with the terms of a Cooperation Agreement. (See ORA Minutes Item No. 7.2) Mayor pro tem Cavecche inquired whether the Fire Authority who utilized the buildings at one time were notified of the demolition of the buildings as they might have an interest in photographing the buildings for archival purposes. Councilmember Dumitru responded that the Authority has taken pictures of the buildings. Councilmember Ambriz asked about notification to the neighbors regarding the demolition. Harry Thomas, Public Works Director responded that the neighbors will be notified prior to the demolition and added that there are no street closures expected. RESOLUTION NO. 9933 A Resolution of the City Council of the City of Orange approving a Cooperation Agreement with the Orange Redevelopment Agency relating to the demolition of certain buildings on property located at 164 and 170 South Water Street, and related work; and approving the award of a contract for Bid No. 045-20 to Alliance Environmental Group, Inc. MOTION - Ambriz SECOND - Dumitru AYES - Smith, Ambriz, Mayor Murphy, Cavecche, Dumitru ACTION: Approved. FISCAL IMPACT: Funds are budgeted and are available (upon appropriation from the Agency) in the following accounts: 940-9800-486700-9881 565-3021-481105-2977 Water Street Acquisition and Reuse Fire Station 1 $ 83,000 $ 56,200 $139,200 Total: Page 15 CITY COUNCIL MINUTES December 14, 2004 8. REPORTS FROM CITY MANAGER 8.1 Presentation of the Fourth Quarter 2003-2004 Budget Report for the period July 1, 2003 through June 30, 2004. (C2500.E.4) SUMMARY: This Fourth Quarter Report helps inform the City Council of departmental performance for the final quarter of FY 2003-04, including progress toward the achievement of departmental goals and completion of major capital improvement projects, and summarizes the results of the City's financial operations. Mayor Murphy expressed a thank you to city staff for performing their jobs successfully within the budget cuts that have occurred in recent years. Mayor pro tern Cavecche added her appreciation for the reports and expressed that they are helpful to Council in tracking departmental performance. MOTION - Smith SECOND - Ambriz AYES - Smith, Ambriz, Mayor Murphy, Cavecche, Dumitru ACTION: Received and filed the Fourth Quarter 2003-2004 Budget Report. FISCAL IMPACT: None. 8.2 Report on Community Information Night in West Orange. Tara Finnigan, Business & Public Affairs Manager reported on the outcome of the Information Night in West Orange. Councilmember Ambriz inquired as to the cost of hosting the event. He requested a cost report to also include staffing. Council commended staff on the event; noting there were many positive public comments and residents from various parts of the City in attendance. It was suggested that future community events like this could be combined with other City events to broaden the reach of the advertising dollar; and possibly get the school district involved. 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 26-04 (SECOND 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. (Serrano Avenue) Page 16 -------.--------- - .. -- --T----- - ._n_...______ ---- CITY COUNCIL MINUTES December 14, 2004 9. LEGAL AFFAIRS (Continued) MOTION - Cavecche SECOND - Ambriz AYES - Smith, Ambriz, Mayor Murphy, Cavecche, Dumitru Moved that Ordinance No. 26-04 be read by title only and same was adopted and approved by the preceding vote. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO THE MEETING OF THE INDUSTRIAL DEVELOPMENT AUTHORITY 12. RECESS TO CLOSED SESSION MOTION - Murphy SECOND - Cavecche AYES - Smith, Ambriz, Mayor Murphy, Cavecche, Dumitru Moved to find that the following matter arose after the posting of the Agenda and there is a need to take immediate action. Tam v. City of Orange, Superior Court Case No. 776434. The City Council recessed at 5:50 P.M. to a Closed Session to take action on the above case and for the following purposes: a. Conference with Real Property Negotiator - Real property negotiations pursuant to Government Code Section 54956.8: Property: City's negotiator: Negotiating Parties: Under Negotiation: Orange Square Shopping Center (NE corner Tustin and Chapman) Robert Stolhand City and Orange Square LLC Price and terms of payment 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. Page 17 CITY COUNCIL MINUTES December 14, 2004 13. ADJOURNMENT - The City Council adjourned at 6:45 p.m. The Regular City Council meeting of December 28, 2004 will be cancelled. The next regular City Council meeting will be January 11, 2005. ~ z:~ M~URPHY - CITY CLERK \. 1f~;!A~HY MA OR Page 18 ---------------,..------..----- -