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6/14/2005 - Council Minutes - CC Minutes Reg Meeting I I APPROVED BY THE CITY COUNCIL ON JUNE 28, 2005 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING June 14,2005 The City Council of the City of Orange, California convened on June 14, 2005 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 Rev. Ginny Erwin, Trinity Episcopal Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor pro tern Cavecche 1.3 ROLL CALL PRESENT - ABSENT - Smith, Ambriz, Murphy, Cavecche, Dumitru None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Announcement of 2005 Distinguished Leadership Award presented to Community Development Director, Alice Angus by the American Planning Association, Orange County Section. Announcement of recogmtlOn received by Fire Chief, Vince Bonacker from the Emergency Medical Services System of Orange County for his long history of dedication and service. Mayor Murphy announced: - Identify Theft Prevention Program at City Hall on June 15th Concerts in the Park series at Hart Park. 3'd of July Celebration at Fred Kelly Field. General Plan Envisioning Change Workshop on June 23'd Mayor Murphy announced that the Council will adjourn in memory of Pastor Guadalupe Vasquez, long time Orange resident. 2. PUBLIC COMMENTS Nick Draganov, Orange resident, spoke on the proposed development in East Orange. PAGE 1 CITY COUNCIL MINUTES June 14,2005 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 Request Council Confirmation of warrant registers dated May 19 and 26,2005. ACTION: Approved. 3.2 Request approval of City Council Minutes, Regular Meeting, May 24, 2005. ACTION: Approved. 3.3 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.4 Investment Oversight Committee Report for the period ending March 31, 2005. (OR1800.0.27.16) ACTION: Received and Filed. AGREEMENTS 3.5 Sewer Service Agreement: Request by Keith and Jill Dombroske to connect their property to City of Orange sewer. (A2100.0 Agr-4688) SUMMARY: Keith and Jill Dombroske, owners of residential real property located at 11062 South Meads Avenue, in an unincorporated area of the County of Orange, have requested to connect their house sewer lateral to the City sewer main in Meads 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 Keith and Jill Dombroske and authorized the Mayor and City Clerk to execute this Sewer Service Agreement on behalf of the City. FISCAL IMPACT: None. The property owners will pay all connection fees prior to the sewer connection. PAGE 2 I I CITY COUNCIL MINUTES June 14, 2005 3. CONSENT CALENDAR (Continued) 3.6 Sewer Service Agreement: Request by John Nelson McCreary D.D.S. and Kathryn Anne Ross-McCreary M.D. to connect their property to City of Orange sewer. (A2100.0 Agr-4689) SUMMARY: John and Kathryn McCreary, owners ofresidential real property located at 11161 South Meads Avenue, in an unincorporated area of the County of Orange, have requested to connect their house sewer lateral to the City sewer main in Meads 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 John and Kathryn McCreary 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 will pay all connection fees prior to the sewer connection. 3.7 Amendment No. I to Consultant Services Agreement 4665 with Joseph C. Truxaw & Associates for additional Engineering and Surveying services for Reservoir Site 2A. (A2100.0 Agr-4665.1) SUMMARY: Amendment No. I will increase the scope of work to be completed by Joseph C. Truxaw & Associates to include minor civil and traffic engineering revisions to the Tustin and Chapman intersection widening project. 3.8 ACTION: Approved Amendment No. I to Joseph C. Truxaw & Associates Consultant Services Agreement and increased the contract amount $8,100 and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: Funds are budgeted and available in the following account: 284-5011-483300-3228 Chapman/Tustin Critical Intersection $8,100 Second Amendment to Information Technology Service Agreement with ACS Enterprise Solutions, Inc. for upgrade to the Police Department's computer network. (A2100.0 Agr-0978.C.2) SUMMARY: This amendment provides for the purchase and installation of a network upgrade to the Police Department's computer network. The existing network is insufficient to accommodate the department's current and future computer network needs. ACTION: Authorized the second amendment to the Information Technology Service Agreement with ACS Enterprise Solutions, Inc. for upgrade to the Police Department's computer network in an amount not to exceed $45,000 for the services, work, hardware and maintenance, and $15,000 for on-site training from the vendor. FISCAL IMPACT: Funds in the amount of $60,000 are available in account 790-1601- 481303-9640 (Information Systems - Data Processing Upgrade). Page 3 CITY COUNCIL MINUTES June 14,2005 3. CONSENT CALENDAR (Continued) 3.9 Professional Services Agreement between the City of Orange, the Orange Redevelopment Agency, and The PM Group, Inc. for the design and printing of the Orange Progress city newsletter/Community Services brochure for FY 2005-06. (A2100.0 Agr-4692) SUMMARY: This Agreement authorizes the consultant to design, oversee printing and coordinate delivery of the Orange Progress. (See Redevelopment Agency Minutes Item No. 3.3) ACTION: Approved Agreement between the City of Orange, the Orange Redevelopment Agency, and The PM Group, Inc. for the design and printing of four quarterly issues of the Orange Progress in an amount not to exceed $105,000 and authorized the Mayor and City Clerk to execute the Agreement on behalf of the City. FISCAL IMPACT: Sufficient funding has been included in the proposed FY 2005-2006 budget through the following sources: General Fund: $55,000 - (this amount includes $40,000 contribution from Waste Management) 100-0201-426600-7009 (City Manager's Office-Publicity & Advertising- Orange Pro gress); Redevelopment Agency: $50,000 - 940-9800-426600 (Merged and Amended Project Area-Publicity & Advertising-Orange Progress). APPROPRIATIONS 3.10 Appropriation of Revenue for City Special Events. (C2500.M.4.21) SUMMARY: The City received a check in the amount of $5,000 from SunCal for the Serrano Park dedication. It is recommended that funds be appropriated to the Community Services Department to offset the cost for the dedication. ACTION: Approved an appropriation in the amount of $5,000 from revenue account 100-7015-293900-0126 (Serrano Park Dedication) to account 100-7015-426700 (Other Professional) for City special events. FISCAL IMP ACT: After the appropriation is approved, sufficient funds will be available in the following account: 100-7015-426700 (Other Professional) $5,000 Page 4 I I CITY COUNCIL MINUTES June 14, 2005 3. CONSENT CALENDAR (Continued) BIDS 3.11 Bid No. 056-01; Project No. SP-3519; Public Parking Lot Maintenance with Slurry Seal at Various Locations in Old Towne, Fiscal Year 2004-05. Approval of plans and specifications, and request for authorization to advertise for bids. (P2500.0.9) SUMMARY: Plans and specifications have been completed for the Public Parking Lot Maintenance with Slurry Seal at various parking lots and alleys within Old Towne area. The project is ready to be advertised for bids. The estimated construction cost is $60,000. ACTION: Approved plans and specifications and authorized advertising bids for the Public Parking Lot Maintenance with Slurry Seal at various locations in Old Towne, Fiscal Year 2004-05. FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and are available in the following account: 540-5028-481105-9607 $80,000 Old Towne Parking Facility 3.12 Final Acceptance of Bid No. 045-24; Well 25 Rehabilitation and authorization to file Notice of Completion with the County Recorder (No staff report required). (A2100.0 Agr-4616) SUMMARY: Bid No. 045-24; Well 25 Rehabilitation. Staffrecommends acceptance of improvements. The contractor on said job was Southwest Pump & Drilling, Inc. ACTION: Accepted public work improvements, authorized release of Travelers Casualty and Surety Company of America, Bond No. 104363367 in the amount of $136,568.00 and authorized the Mayor and City Clerk to execute the Notice of Completion. FISCAL IMPACT: None. 3.13 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. Andrew Edward Toth, Jr. b. Manuel Alejandro Aguilar by and through his Guardian Ad Litem, Gabina Fernandez c. Gabina Fernandez d. Estate of Jose Manuel Aguilar e. Joseph Gabrill ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. Page 5 CITY COUNCIL MINUTES June 14,2005 3. CONSENT CALENDAR (Continued) CONTRACTS (THIS ITEM WAS REMOVED AND HEARD SEPARATELY) 3.14 Award of Contract - SP 3502; Exterior Wall Siding of Existing Building at 170 S. Water Street. SUMMARY: The City requested three quotes (informal bid) from three licensed contractors in early May 2005. Three contractors responded to the invitation for bids. The low bidder is c.A. Granger Construction, Inc. for $22,042.00. MOTION SECOND AYES - Murphy - Ambriz - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to remove this item from the Agenda. FISCAL IMP ACT: Funds are available in the following account: 940-9800-426700 $22,042 Professional and Consulting Services DONATIONS 3.15 Request approval of the donation of a surplus fire engine and associated equipment to Orange's sister city Queretaro, Mexico. (C2500.H) SUMMARY: Within the past year, the City of Orange Fire Department replaced an old pumper. This pumper would normally be sold as surplus bringing in minimal revenue to the City. The City of Queretaro, Mexico, Orange's Sister City, has asked the City of Orange to assist their struggling volunteer fire department with the donation of used fire equipment, especially fire apparatus. It is the Fire Department's desire to assist them by donating this fire pumper. ACTION: Authorized the Fire Department and Fleet Services to donate a surplus fire engine to the City of Queretaro, Mexico. The unit is a Beck fire pumper, Vehicle No. 30- 652 with 141,732 miles on it. FISCAL IMP ACT: The City would lose approximately $3,500 - $5,000 in revenue from the sale of the apparatus minus the seller's commission of about $200. Page 6 I I CITY COUNCIL MINUTES June 14, 2005 3. CONSENT CALENDAR (Continued) PERMITS 3.16 Approval of No Fee parking permits in Municipal Parking Lot J (South Orange Street) for the Assistance League of Orange (10), Third World Gifts and Handarts (3) and First United Methodist Church (2). (S4000.S.3.1.2) SUMMARY: The Assistance League of Orange, Third World Gifts and Handarts and First United Methodist Church are requesting issuance of No Fee parking permits to accommodate their charitable medical and community activities. This request is reviewed annually by the City Council. ACTION: Approved the request and issued the parking permits, valid July I, 2005 thru June 30, 2006. FISCAL IMP ACT: Loss of $5,400 annual parking permit fees. 3.17 Approval of four No Fee parking permits for use by the Orange Senior Center in Municipal Parking Lots in the Downtown area. (S4000.S.3.1.2) SUMMARY: Orange Elderly Services has requested No Fee parking permits for employees to park for longer than the three hour time limit in the municipal parking lot north of the Orange Senior Center. Staff recommends four No Fee permits be issued to Orange Elderly Services, which is a non-profit agency providing services to the senior population in Orange under contract with the City of Orange. ACTION: Approved the request and issued four No Fee parking permits, valid July I, 2005 through June 30, 2006. FISCAL IMP ACT: Loss of $1 ,440 annual parking permit fees. PURCHASES 3.18 Purchase of Storage Area Network (SAN) Equipment from Sunstar Company, Inc. (C2S00.E) SUMMARY: A centralized data storage system (Storage Area Network) is recommended to increase the amount of data storage space available on the City's computer network. The equipment can be purchased from Sunstar Company, Inc. and installed and maintained by the City's information technology contractor, ACS. ACTION: Authorized the purchase of SAN equipment from Sunstar Company, Inc. for an amount not to exceed $165,000. FISCAL IMPACT: Funds in the amount of$165,000 are available in account 790-1601- 481303-9640 (Information Systems - Data Processing Upgrade). Page 7 CITY COUNCIL MINUTES June 14, 2005 3. CONSENT CALENDAR (Continued) RESOLUTIONS 3.19 RESOLUTION NO. 9976 (C2500.M) A Resolution of the City Council of the City of Orange expressing appreciation to Harry W. Thomas of the Public Works Department and commending him for more than 40 years of public service. ACTION: Approved. 3.20 RESOLUTION NO. 9977 (C2500.J.4.3.1) A Resolution of the City Council of the City of Orange adopting Resolution No. 9977 and repealing Resolution No. 9388 implementing the Memorandum of Understanding between the City of Orange and the Orange Fire Management Association concerning wages, hours, and other conditions of employment for the period of March 1, 2005 through and including February 29,2008. ACTION: Approved. 3.21 RESOLUTION NO. 9980 (C2500.M.16.1) A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 2002-01 combining two parcels of certain real property situated at 1935 East Katella Avenue in the City of Orange, County of Orange, State of California. Owners: BP West Coast Products, LLC NOTE: Councilmember Dumitru voted No on this item. ACTION: Approved. 3.22 RESOLUTION NO. 9981 (C2500.M.16.1) A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 2005-01 adjusting lot lines of certain real properties situated at 541 & 557 South Main Street in the City of Orange, County of Orange, State of California. Owners: Choco Realty Corporation, A California Non-Profit Corporation ACTION: Approved. Page 8 I I CITY COUNCIL MINUTES June 14,2005 3. CONSENT CALENDAR (Continued) 3.23 RESOLUTION NO. 9982 (C2500.M) A Resolution of the City Council of the City of Orange recognizing Public Works Senior Civil Engineer Dennis J. Schmitz and commending him for thirty-five years of loyal and dedicated service. ACTION: Approved. 3.24 RESOLUTION NO. 9986 (C2500.M) A Resolution of the City Council of the City of Orange expressing appreciation to Thomas D. Steele of the Public Works Department for more than thirty five years of loyal and dedicated service. ACTION: Approved. 3.25 RESOLUTION NO. 9987 (C2500.J.4.2) A Resolution of the City Council of the City of Orange establishing a Letter of Understanding between the City of Orange and the City of Orange Police Association effective July 1,2005 through June 30, 2008. ACTION: Approved. 3.26 RESOLUTION NO. 9988 (C2500.J.4.2.1) A Resolution of the City Council of the City of Orange establishing a Letter of Understanding between the City of Orange and the City of Orange Police Management Association effective July I, 2005 through June 30, 2008. ACTION: Approved. MOTION SECOND AYES - Ambriz - Cavecche - Smith, Ambriz, Murphy, Cavecche, Dumitru Item 3.14 was removed from the agenda. Councilmember Dumitru voted No on Item 3.21. All other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR ******** Page 9 CITY COUNCIL MINUTES June I4, 2005 4. REPORTS FROM MAYOR MURPHY - None. S. REPORTS FROM COUNCILMEMBERS - None. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None. 7. ADMINISTRATIVE REPORTS 7.1 Report from Public Works Director on appropriation transfer of Air Quality Management District grant funds and award of purchase for traffic control equipment. (C2S0.M) SUMMARY: Air Quality Management District (AQMD) funds were allocated to the Santiago Creek Bike Trail project in fiscal year 2000-2001. Upon completion of the Bike Trail project, the unspent AQMD funds were transferred to the Santiago Creek Bike Trail Bridge project. Due to unforeseen delays in the Bridge project, the AQMD funds cannot be spent on the bridge project by June 30, 2005. It is requested, therefore, that these funds be transferred to alternate projects where the grant funds will be used by the AQMD deadline. Discussion - Public Works Director, Harry Thomas gave a briefreport, naming the three projects the money will be spent on: signal controllers and cabinets; Ethernet bridge radios; and Police bicycle parts. Councilmember Smith stated her concern that the money is being diverted from the Santiago Creek Bike Trail Bridge project and asked for assurance that the money will be replaced. Interim City Manager, John Sibley responded that during the next fiscal year, the money will be returned to the Creek project. MOTION SECOND AYES - Smith - Ambriz - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to 1) Transfer $47,929.47 from 245-7021-485100-6102 (Santiago Creek Bike Trail Bridge) as follows: $47,175.10 to 245-5032-483100-6097 (Traffic Signal Synchronization Project) and $ 754.37 to 245-4055-447100 (Replacement Parts for Police Bicycles); 2) Authorize the purchase of traffic control equipment from Econolite Control Products and Synchronex in the amount of$47,175.10. FISCAL IMP ACT: After the appropriation transfer, funds will be available in the following accounts where they can be utilized for AQMD approved projects before the spending deadline: 245-5032-483100-6097 245-4055-447100 Traffic Signal Synchronization Project Parts & Supplies for Police Bicycles Total $47,175.10 $754.37 $47,929.47 Page 10 I I CITY COUNCIL MINUTES June 14,2005 7. ADMINISTRATIVE REPORTS (Continued) 7.2 Report on the Award of Bid for Handy Park Field Renovation Bid No. 045-51. (A2100.0 Agr-4691) SUMMARY: The bids for Handy Park Field Renovation were opened on June 2, 2005, and four (4) formal bids were received for this project. The low bidder was Belaire West Landscape Inc., in the amount of$392,220. Discussion - Community Services Manager, Gabe Garcia gave the report. Mayor pro tern Cavecche questioned the ability of the low bidder to successfully complete the project without numerous change orders due to the bid being substantially lower than the second lowest bid received. Mr. Garcia stated that staff was confident of the company's ability to successfully complete the project. MOTION SECOND AYES - Cavecche - Murphy - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to 1) Approve the award of Bid No. 045-51 Handy Park Field Renovation, to Belaire West Landscape Inc., 7371 Walnut Avenue, Buena Park, CA 90620 in the amount of $392,220; 2) Authorize an appropriation of $150,000 from California Parklands fund balance to 320- 7021-481200-0017 (Handy Park Prop 12); 3) Authorize an appropriation of $250,000 from fund 511 to 511-7021-481200-0017 (Park Acquisition & Development Quimby); and, 4) Authorize the Mayor and City Clerk to execute the contract on behalf of the City. FISCAL IMP ACT: After the appropriations are executed, sufficient funds will exist in the following accounts: 320-7021-481200-0017 (Handy Park): 511-7021-481200-0017 (Handy Park): Total: $150,000.00 $271,854.85 $421,854.85 Page 11 CITY COUNCIL MINUTES June 14, 2005 8. REPORTS FROM CITY MANAGER Interim City Manager, John Sibley reported that the Employee Service Award program will be reinstated in July. He also reported on a recent community outreach program conducted by the Police Department in the El Modena area. 9. LEGAL AFFAIRS - None. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 4:55 p.m. to a Closed Session for the following purposes: a. Public Employee Appointment pursuant to Government Code Section 54957 Title: Interim City Manager / City Manager b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiators: Personnel Director Steven Pham and Personnel Manager Mike Harary Employee Organizations: Orange Management Association; Orange Maintenance & Crafts Employees' Association; Orange Municipal Employees' Association; and Water Department Employees Association c. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in Closed Session. Page 12 I I CITY COUNCIL MINUTES June 14,2005 7:00 P.M. SESSION 12. PUBLIC COMMENTS - None. 13. PUBLIC HEARINGS 13.1 PROPOSED FISCAL YEAR 2005-06 CITY OF ORANGE BUDGET AND SEVEN YEAR CAPITAL IMPROVEMENT PROGRAM. (C2500.J.l.l) Time set for public hearing to consider the proposed Fiscal Year 2005-06 City of Orange Budget and Seven Year Capital Improvement Program. Staff Report - Interim City Manager, John Sibley introduced the Budget presentation. Senior Assistant to the City Manager, Barbara Messick reviewed the Fiscal Year 2004-05 accomplishments and highlighted the FY 2005-06 proposed budget, including balanced budget strategies, total revenue and expenditures, and highlights of the proposed 2005-06 Capital Improvement Program projects. Mr. Sibley reported there had already been three Budget Study Sessions where the Council discussed the proposed budget in great detail. Council Ouestions - Interim City Manager, John Sibley responding to a question by Councilmember Dumitru regarding the hiring of a grant writer, acknowledged that the new budget did not contain a provision for the hiring of a grant writer or a company to pursue grants for expansion of parks, facilities, etc. He added that his staff had been assigned to pursue grant craftsmanship, as well as research which cities have full-time grant writers. Staff found that most cities' utilize in-house staff for grant application writing because of their expertise. He further stated that City staff will be aggressively pursuing and lobbying for grants. Senior Assistant to the City Manager, Barbara Messick responded to a question by Councilmember Dumitru who asked about the budget for the City's Code Enforcement Officers. She stated that the budget number was a data entry error, to be corrected to reflect an increase in their budget of $40,000 over last year. Mayor pro tem Cavecche asked about the contingency amount being set aside, whether the $250,000 was adequate for coverage ofCal-PERS costs. Finance Director, Rich Jacobs, responded that the amount of money being set aside was $250,000 with the anticipation that the Cal-PERS projection of decreasing costs over the coming years is accurate. Page 13 CITY COUNCIL MINUTES June 14,2005 13. PUBLIC HEARINGS (Continued) Mayor pro tern Cavecche asked for clarification of the number of police officers being funded, noting she was very much opposed to keeping law enforcement positions open to balance the budget. She stressed the need to fill as many sworn officer positions as possible and adjustments can be made to the budget if necessary! Police Chief, Bob Gustafson responded that with current openings and upcoming retirements, there are about 14 openings to fill through the next few months. He added that the Police Department was aggressively pursuing hiring, but that the challenge was finding people meeting the City's high standards for law enforcement personnel. Interim City Manager, John Sibley reiterated that staff was working hard to find qualified Police candidates, noting that out of 161 budgeted positions, 8-9 vacancies was a normal 6% turnover rate for an organization. He stated that if all sworn officer positions were to be filled then adjustments would be made through the mid-year budget process. Mayor Murphy added that the entire Council agreed with the stated desire to have all sworn officer positions filled, noting the City's standard to recruit and hire the best and the brightest. Councilmember Ambriz asked for an update of the Library expansion project with regard to the staffing levels reflected in the budget. He commended staff for their work on this budget. Library Director, Nora Jacob reported on the moving of furniture and books to temporary quarters, as well as staff relocation. She added that the construction will begin in two weeks. She added that during the construction period, if part time vacancies occur, the positions will not be filled. She also noted that the Library Foundation was just short of raising one million dollars for the new expanded Library. Counci1member Smith commented on the complex and vast budget process and commended staff for their hard work. She agreed with the desire for a grant writer and full law enforcement staffing. She also spoke on the need to vision for the future, consider growth, and things to beautify the city; as well as encourage and enhance business. MAYOR MURPHY OPENED THE PUBLIC HEARING THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE HEARING Page 14 I I CITY COUNCIL MINUTES June 14,2005 13. PUBLIC HEARINGS (Continued) Council Action: RESOLUTION NO. 9971 A Resolution of the City Council of the City of Orange adopting said City's Budget for the Fiscal Year 2005-06 and relating to transfers of funds between and within appropriations, transfers between funds, and additional appropriations. MOTION - Cavecche SECOND - Smith A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to approve Resolution No. 9971; with direction to staff that the Police Department be given the freedom to hire sworn officers to the maximum number budgeted. RESOLUTION NO. 9972 A Resolution of the City Council of the City of Orange adopting the Appropriations Limit for the Fiscal Year 2005-06. MOTION - Cavecche SECOND - Smith A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to approve Resolution No. 9972. MOTION - Cavecche SECOND - Smith AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to find that the portion of the FY 2005-06 Budget subject to the Gann Limit IS $63,049,827, and therefore within the limit. MOTION - Cavecche SECOND - Smith A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to approve the Seven Year Capital Improvement Program for the period of FY 2005-06 to FY 2011-12. Page 15 CITY COUNCIL MINUTES June 14,2005 13. PUBLIC HEARINGS (Continued) 13.2 LEVY OF ANNUAL ASSESSMENTS 2005-2006 FISCAL YEAR LANDSCAPE MAINTENANCE DISTRICT 82-1 (SHADOW RIDGE). (L1200.0 LMD-82-1) Time set for public hearing on the levy of annual assessments for costs of maintenance and improvements for Landscape Maintenance District No. 82-1, which is located westerly of Meats Avenue in the vicinity of Marywood and Shadow Ridge Streets. The City Clerk announced that notice was given in the manner and form as required by law and a Certificate of Compliance is on file and open for inspection. Public Works Director, Harry Thomas reported the proposed assessments of $483 per lot/year for Lots I thru 10 and $105 per lot/year for Lots II thru 56 are unchanged from fiscal year 2004-05 assessments. The total assessment to be levied is $9,660. No protests have been received. MAYOR MURPHY OPENED THE PUBLIC HEARING There were no speakers. THE PUBLIC HEARING WAS CLOSED. Council Action: RESOLUTION NO. 9983 A Resolution of the City Council of the City of Orange confirming the diagram and Assessment and providing for the levy of the annual assessment for Special Maintenance District 82-1. MOTION - Cavecche SECOND - Smith AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to approve Resolution No. 9983. 13.3 LEVY OF ANNUAL ASSESSMENTS 2005-2006 FISCAL YEAR LANDSCAPE MAINTENANCE DISTRICT 86-2 (SANTIAGO HILLS). (LI200.0 LMD-86-2) Time set for public hearing on the levy of annual assessments for costs of maintenance and improvements for Landscape Maintenance District No. 86-2, which is located within the Upper Peters Canyon Specific Plan Area (Santiago Hills). The City Clerk announced that notice was given in the manner and form as required by law and a Certificate of Compliance is on file and open for inspection. Page 16 I I CITY COUNCIL MINUTES June 14,2005 13. PUBLIC HEARINGS (Continued) Public Works Director, Harry Thomas reported the proposed assessments of $369.44/year per residential detached units and $221.66/year per residential attached units are a 23.2% increase over last year' assessment. The total assessment to be levied is $532,588. No protests have been received. Council Questions Mayor pro tern Cavecche asked about the possibility of turning the landscape maintenance over to the Homeowners Associations. Public Works Director, Harry Thomas responded that at the present time, there was no change planned to transfer the maintenance to a master homeowner's association. MAYOR MURPHY OPENED THE PUBLIC HEARING There were no speakers. THE PUBLIC HEARING WAS CLOSED. Council Action: RESOLUTION NO. 9984 A Resolution of the City Council of the City of Orange confirming the diagram and assessment and providing for the levy of the annual assessment for Special Maintenance District 86-2. MOTION - Cavecche SECOND - Smith A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to approve Resolution No. 9984. 13.4 LEVY OF ANNUAL ASSESSMENTS 2005-2006 FISCAL YEAR LANDSCAPE MAINTENANCE DISTRICT 94-1 (SYCAMORE CROSSING). (L1200.0 LMD-94-1) Time set for public hearing on the levy of annual assessments for costs of maintenance and improvements for Landscape Maintenance District No. 94-1, which is located in the Sycamore Crossing Tract. The City Clerk announced that notice was given in the manner and form as required by law and a Certificate of Compliance is on file and open for inspection. Page 17 CITY COUNCIL MINUTES June 14,2005 13. PUBLIC HEARINGS (Continued) Public Works Director, Harry Thomas reported the 124 units in the interior of the tract will pay $100 per year; the 36 units adjacent to he landscape improvement will pay $102 per year. The senior citizens housing site will pay $204 per year. The two lots within the District boundary owned by the City of Orange are no longer exempt and the larger lot will pay $40 per year and the smaller lot will pay $20 per year. The total assessment to be levied is $16,336. No protests have been received. MAYOR MURPHY OPENED THE PUBLIC HEARING There were no speakers. THE PUBLIC HEARING WAS CLOSED. Council Action: RESOLUTION NO. 9985 A Resolution of the City Council of the City of Orange confirming the diagram and assessment and providing for the levy of the annual assessment for Special Maintenance District 94-1. MOTION - Cavecche SECOND - Dumitru AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to approve Resolution No. 9985. 13.5 GENERAL PLAN AMENDMENT NO. 2004-0006; SANTA FE DEPOT SPECIFIC PLAN AMENDMENT NO.2; ZONE CHANGE NO. 1230-04; VESTING TENTATIVE TRACT MAP NO. 16786; MAJOR SITE PLAN REVIEW NO. 358-04; DESIGN REVIEW COMMITTEE NO. 3944-04; MITIGATED NEGATIVE DECLARATION NO. 1737-04 - OLSON COMPANY. (C2300.E GPA-2004-0006) The public hearing to consider a proposal for the development of a 40-unit Transit Oriented Development adjacent to the Santa Fe Train Depot at 501 West Maple Avenue was continued to this time from Mav 24.2005. NOTE: A letter dated June 7, 2005 was received from The Olson Company requesting that the Orange City Council hold in abeyance any action on this development, as their intention is to redesign the project to address impacts, meet with the community again for feedback, and then take this design through the appropriate process and back to the City Council for consideration at a later date. Page 18 I I CITY COUNCIL MINUTES June 14, 2005 13. PUBLIC HEARINGS (Continued) The proposal includes: . A General Plan Amendment to change the Land Use designation from Industrial to Old Towne Mixed Use; . An Amendment to the Santa Fe Depot Specific Plan to include the subject property into the boundaries of the Specific Plan; . A Zone Change to change the zoning from Light Industrial to Residential Multiple Family, with Mixed Use Overlay Zoning; . A Vesting Tentative Tract Map to divide the site for the development of 40 condominiums, vested in substantial compliance with the codes in effect at the local level at the time the application was deemed complete; . A Major Site Plan Review, including a density bonus, for a Transit Oriented Development, with 40, three-story residential lofts, five of which are proposed as live/work units. Six of the units will be available to moderate income buyers through affordability covenants, thereby qualifying the project for the density bonus; and . A Design Review and a Demolition Review for a Non-Contributing Structure in the Old Towne Historic District. Note: Negative Declaration No. 1737 was prepared to evaluate the potential environmental impacts of the proposed project in accordance with the provisions of the California Environmental Quality Act. MOTION - Murphy SECOND - Smith A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to find that the suggested project is substantially different than what was approved by .he Planning Commission, and refer the project back through the City's development review process. 14. PLANNING AND ENVIRONMENT - None. Page 19 CITY COUNCIL MINUTES June 14,2005 15. ADJOURNMENT The City Council adjourned at 7:55 p.m. in memory of Pastor Guadalupe Vasquez. The next Regular Council meeting is scheduled for June 28, 2005. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of June 14, 2005 at Orange Civic Center kiosk, Police facility at 1107 North Batavia, and 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 also available at the Civic Center City Clerk's Office. (I'~~( [{,~={, MAID' L MURPHY" CITV CLERK "'-- k-ffl MARKA.M MAYOR Y Page 20