Loading...
3/28/2006 - Council Minutes - CC Minutes Reg Meeting I I APPROVED BY THE CITY COUNCIL ON APRIL 11, 2006 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING March 28,2006 The City Council of the City of Orange, California convened on March 28, 2006 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 Dr. Stan Smith, First Christian Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Mark A. Murphy 1.3 ROLL CALL PRESENT - ABSENT - Smith, Ambriz, Murphy, Cavecche, Dumitru None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Employee Service Awards - Karla Pineda and Michael Harary, Personnel Department; Debbie Ritchey, Community Development Department; David Pasino, Police Department. Announcement - the City Council will adjourn in memory ofMr. Arlen Craig, long-time Orange resident and active member of the Santiago Creek Greenway Alliance. 2. PUBLIC COMMENTS - Ron Bell, Address on File, spoke on immigration protestors and security issues at The Block. Jennafer Abrego, Address on File, spoke on immigration protestors and security issues at The Block. Susannah Shortall, 1747 N. Lincoln, spoke on concerns with a church remodel project on Taft Avenue. PAGE 1 CITY COUNCIL MINUTES March 28, 2006 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 March 2 and 9, 2006. ACTION: Approved. 3.2 Request approval of City Council Minntes, Regular Meeting of March 14,2006 and Adjourned Regular Meeting of March 21, 2006 as amended. (C2500.D.4) ACTION: Approved. 3.3 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. 3.4 Receive and file the City Treasurer's Report, period ending February 28, 2006. (C2500.F) ACTION: Approved. AGREEMENTS 3.5 Amendment No.3 to Contract No. CP-0130 (AGR 4019) Taft Avenue and Glassell Street Storm Drain Improvements (D-146) between the City of Orange and the Orange County Sanitation District (OCSD). (A2100.0 Agr-4019.3) SUMMARY: Amendment No.3 extends the term of the contract's overall completion from December 15, 2005 to February 1, 2007 in order to allow the City to satisfy all terms and conditions of the contract. ACTION: Approved Amendment No.3 to the contract between the City of Orange and the Orange County Sanitation District and authorized the Mayor and City Clerk to execute the Amendment on behalf of the City. FISCAL IMP ACT: None. Funds have been previously appropriated for the project. Page 2 I I CITY COUNCIL MINUTES March 28, 2006 3. CONSENT CALENDAR (Continued) 3.6 Approval of Addendum to the State of California CAL-Card Program Master Service Agreement (DGS MSA 5-00-CC-02) to enable the city to utilize the CAL- Card Credit Card Program. (A2100.0 Agr-4857) SUMMARY: Implementation of the CAL-Card Program will eliminate the necd for low dollar, annual written purchase orders and provide the ability for departments to purchase low dollar, high volume items via credit card. Additionally, the CAL-Card Program is useful for purchases needed during emergency situations. ACTION: I) Approved Addendum to the State of California Purchase Card Program Master Service Agreement (DGS MSA 5-00-CC-02); and 2) Authorized the City's Director of Finance to execute Addendum on behalf of the City and to do any and all things and to execute and submit any and all agreements, contracts and documents he deems necessary or advisable in order to carry out, give effect to and comply with thc Addendum. FISCAL IMPACT: None. 3.7 2005 Urban Area Security Initiative (UASI) Grant - Anaheim Urban Area allocations for weapons of mass destruction (WMD) training. (A2100.0 Agr-4858) SUMMARY: The Anaheim Urban Area UASI has authorized a reimbursement grant award in the amount not-to-exceed $65,367.15. There is not a cash match requirement. The goal of the Anaheim Urban Area UASI is to ensure that training programs are delivered to accomplish core competencies and awareness levels among all first responders regarding terrorism and WMD events by September 2006. The City of Orange Police and Fire Departments have been authorized reimbursement amounts of $39,553.37 and $25,813.78 respectively for Office of Domestic Preparedness (ODP) authorized WMD training. Funds provided through the grant will be used to cover training, overtime, backfill, travel, and per diem costs associated with the attendance of ODP approved WMD courses. ACTION: 1) Approved the Agreement between the City of Orange and the City of Anaheim in an amount not to exceed $65,367.15 and authorized the Mayor and the City Clerk to execute the agreement on behalf of the City; 2) Appropriated $65,367.15 from the General Fund, as follows: 100-4081-429400-2317 Police-Homeland Security-Local Training $39,553.37 100-3023-429400-2317 Fire-Fire Training-Local Training $25,813.78; 3) Amended the FY 2005-06 Revenue Budget in the General Fund in the amount of $65,367.15 to reflect the receipt of the amount of the 2005 UASI Grant. FISCAL IMP ACT: After appropriation, funds will be available. Page 3 CITY COUNCIL MINUTES March 28, 2006 3. CONSENT CALENDAR (Continued) 3.8 Award of Consultant Services Agreement to KTA-Tator, Inc. for Reservoirs 1, lA, 9A and 10 Exterior Coating Project. (A2100.0 Agr-4859) SUMMARY: This Agreement authorizes the Consultant, KTA-Tator, Inc. to perform an evaluation of the exterior coating of the City's Reservoirs I, lA, 9A and 10 and prepare specifications for recommended coating repair work. The Consultant shall also provide quality control and inspection services for future repairs. ACTION: Awarded a Consultant Services Agreement in the amount of $37,889.00 to KTA-Tator, Inc. of Burbank, CA for the evaluation, specification preparation and quality control services for the repair and recoating of the Exterior Coating of Reservoirs I, lA, 9A and 10 and authorized the Mayor and the City Clerk to execute on behalf of the City. FISCAL IMPACT: Funds are budgeted and available in the following account: 601-8041-484400-8302 $37,889.00 Reservoir Recoating (REMOVED AND HEARD SEPARATELY) 3.9 Award of Consultant Services Agreement to Transystems Corporation for development of Park Development Standards. (A2100.0 Agr-4860) SUMMARY: The Community Services Department will work with Transystems Corporation to create a comprehensive document that details Park Development Standards for use in designing new parks and park renovation projects. The Park Development Standards will ensure that all future park facilities are developed with consistency and continuity of user-friendly amenities, durable products, and with ease and economy of maintenance taken into consideration Discussion Councilmember Ambriz expressed concern that the contract states that the fees are valid for 60 days and questioned the length of time that it has taken to implement the standards. He also requested that in the future Council be given rating sheets on each company responding to the Request For Proposals (RFP); and asked that the reports be more clear. Interim Community Services Director, Bonnie Hagan explained that constant contact has occurred with the contractor and the fees stated are accurate. She also indicated that having the standards in place will allow for ongoing maintenance and efficiency in managing the parks. City Manager, John Sibley added that the standards will assist the City Design Review Committee and Planning Commission in decisions made regarding recreation facilities. Page 4 I I CITY COUNCIL MINUTES March 28, 2006 3. CONSENT CALENDAR (Continued) Mayor pro tem Cavecche requested clarification that Transystems Corporation is being hired for the specific purpose of creating a comprehensive document detailing design standards. Interim Community Services Director, Bonnie Hagan explained that of the six companies submitting an RFP, Transystems had the most experience in construction management/ project management and are most qualified to develop park standards to enable the City to put together better bid specifications, and understand design elements for creating parks and renovation. She responded to Council questions that the RFP was designed to provide a pool of vendors to be available on-call for assistance to staff to complete projects or provide expertise in various areas. She added that it was expected that the work would fall under the $30,000 cap not requiring Council approval. City Manager, John Sibley responded that this practice is not atypical for contracts, but that in the areas of public works, engineering and planning, this practice is allowed for assistance with work load. Mayor Murphy stated his opinion that this is the right way to handle this, minimizing the time and effort needed to write, evaluate and award bids for smaller projects; however, he agreed with the need to plan for expiration dates, allowing for a renewed solicitation of expertise. MOTION - Ambriz SECOND - Cavecche AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to approve the consultant services agreement between the City and Transystems Corporation in an amount not to exceed $19,000 for the development of Park Standards, and; authorize the Mayor and City Clerk to execute the agreement on behalf of the City. FISCAL IMP ACT: Sufficient funds exist in the following account: 100-7001-426700 Other Professional Services $19,000 BIDS 3.10 Bid 056-29; Asphalt Replacement at various locations for fiscal year 06-07; Approval of Specifications and authorization to advertise for bids. (S4000.S.7) SUMMARY: Specifications have been completed for Asphalt Replacement at various locations. The project is ready to be advertised for bids. The preliminary cost estimate is $250,000.00. Page 5 CITY COUNCIL MINUTES March 28, 2006 3. CONSENT CALENDAR (Continued) ACTION: Approved specifications and authorized advertising for Asphalt Replacement at various locations for fiscal year 2006-07. FISCAL IMPACT: The total bid amount is based upon an estimate of 12 months expenditures. Funding will be available after adoption of the 2006-2007 budget as follows: 600-8041-448300 600-8041-474501 $182,000.00 $ 68,000.00 Asphalt Products Transmission and Distribution Mains 3.11 Temporary Free Right-Turn Lane Improvements at the Northeast Corner of Santiago Canyon Road and Cannon Street Project. Approval of plans, specifications, and request for authorization to advertise for bids. (S4000.S.3.3) SUMMARY: Plans and specifications for the Temporary Free Right-Turn Lane Improvements at the Northeast Corner of Santiago Canyon Road and Cannon Street have been completed. The project is ready to be advertised for bids. The estimated construction costs including contingencies (10%), and construction engineering (3%) is $104,000. ACTION: Approved plans and specifications and authorized advertising for bids for the Temporary Free Right-Turn Lane Improvements at the Northeast Corner of Santiago Canyon Road and Cannon Street Project. FISCAL IMP ACT: None. Staff will return to Council with a request for an appropriation at the time of the award of the bid. (REMOVED AND HEARD SEPARATELY) 3.12 Request Authorization to advertise for bids for two Landscape Maintenance Service Contracts, and approve a 90 day amendment to the current two Landscape Maintenance Services Contracts to continue service during the bidding process. (A2100.0 Agr-2662.A.7; 2680.A.5) SUMMARY: Contract documents are being prepared separately for contractual services of City parks landscape maintenance and for City facilities, Public Works Right-of-Ways and Medians landscape maintenance services to commence October 1,2006. Each of the new contract documents will be concurrently advertised for bids to renew the existing contracts that expire June 30, 2006. Staff intends to continue month to month with the two existing contracts for (90) ninety-days, to include the period of July 1, 2006 through September 30, 2006. Discussion Councilmember Ambriz expressed concerns with certain dress and behavior standards of one of the contractors. Council discussed the need to enforce the penalty provisions of the contracts. Page 6 I I CITY COUNCIL MINUTES 3. 3.13 March 28,2006 CONSENT CALENDAR (Continued) MOTION - Ambriz SECOND - Dumitru A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to I) Authorize advertising for bids for Landscape Maintenance Services of Parks, and for Landscape Maintenance Services of City Facilities, Public Works Right- of-Ways and Medians; 2) Approve the Fifth Amendment to Landscape Maintenance Services Contract between the City of Orange and Pinnacle Landscape to continue current service for an additional (90) ninety-days; and 3) Authorize the Mayor and the City Clerk to execute these amendments on behalf of the City. MOTION - Murphy SECOND - Cavecche AYES Smith, Murphy, Cavecche, Dumitru NOES - Ambriz Moved to approve the Seventh Amendment to the Landscape Maintenance Services Contract between the City of Orange and Soto Company to continue current service for an additional (90) ninety-days with direction to enforce penalties for noncompliance of performance standards. FISCAL IMP ACT: Sufficient funds are slated to be appropriated during the Fiscal Year 2006-2007 budget process in the following accounts for the two (90) ninety-day contract amendments: 100-7022-427100 100-7022-42430 I 262-5021-424301 Contractual Services Landscape Maintenance Landscape Maintenance Total: $73,425.03 $27,703.39 $11.381.00 $112,509.42 Bid No. 056-42 - Approval of plans and specifications for construction of the Grijalva Park Extension Landfill Cap Project, and Authorization to Advertise for Bids. (C2500.M.4.20) SUMMARY: Plans and specifications have been completed for the Grijalva Park Extension Landfill Cap Project, which includes the capping of the landfill, mass grading of the entire site and placement of un-grouted riprap on the slopes at the creek to protect the landfill from erosion. The project is ready to be advertised. ACTION: Approved plans and specifications and authorized advertising for bids for the Grijalva Park Extension Landfill Cap Project. Page 7 CITY COUNCIL MINUTES March 28, 2006 3. CONSENT CALENDAR (Continued) FISCAL IMP ACT: The total estimated construction cost including contingencies and construction engineering (13%) is $900,000. Funds to cover the appropriation request once the contractor is selected exist in the following accounts: 511-7021-485100-0151 Grijalva Park Extension 550-7021-481200-1606 Gymnasium/Sports Center $90,000.00 $1,943,874.00 3.14 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. Allstate as subrogee of Patricia Cabada b. Jolie Tuchscher ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster. PURCHASES (REMOVED AND HEARD SEPARATELY) 3.15 Purchase one 2007 Tahoe from Lake Chevrolet per Bid No. 056-17 for the Orange Fire Department. (C2500.H) SUMMARY: Purchase of one 2007 Chevrolet Tahoe, for a total of $38,618.68 from Lake Chevrolet located in Lake Elsinore, CA to replace a 1991 Ford Aerostar Van currently being used by the Orange Fire Department. Note: Mayor Murphy abstained due to a potential employment conflict; and left the dais. Discussion Councilmember Ambriz stated his concern on purchasing a vehicle from out of the area. He stated it was his understanding that some local dealers were not aware of this bid. He noted his disappointment that the staff report did not fully explain the bidding process; and requested a report back detailing the bidding process for this item. MOTION Ambriz SECOND - Dumitru (SECOND WITHDRAWN) Moved to deny the purchase of the Chevrolet Tahoe and re-bid the purchase. Discussion _ Purchasing Manager, Glenn Kaye explained that a first bid was sent to all local dealers with no response and that this was the second attempt to bid for this vehicle. He added that the bid is good for 30 days and to re-bid would take 45 days. Page 8 I I CITY COUNCIL MINUTES March 28, 2006 3. CONSENT CALENDAR (Continued) Mayor pro tern Cavecche stated her concern was that the taxpayers don't pay any more for a vehicle than they need to; noted that the city has done its due diligence; if the Council wants a "Buy Orange" policy, then that should be addressed separately; and would not support the motion to re-bid the vehicle. Councilmember Smith agreed that further advertising will require more money being spent; and that the process has already been followed. Councilmember Dumitru noted that as long as the proposal was sent out to everyone, he would support the purchase; and withdrew his Second on the prior motion. Councilmember Ambriz reiterated his concern with this bidding process and asked for a report back on the process. MOTION - Cavecche SECOND - Smith A YES - Smith, Cavecche, Dumitru NOES - Ambriz ABSENT - Murphy Moved to authorize the purchase of one (1) 2007 Chevrolet Tahoe in accordance with the specifications that were contained in Bid No. 056-17 from Lake Chevrolet of Lake Elsinore, CA for the sum of $38,618.68 and assigned that new vehicle for use (0 the Orange Fire Department; and direct staff to report back with all specific details of this bid process. FISCAL IMP ACT: There are sufficient funds for the purchase of the subject vehicle from the following accounts: 720-5023-472102 $37,500.00 100-3021-449400 $ 1,118.68 Public Works - Vehicle Replacement Fire Suppression - Safety Equipment MOTION - Smith SECOND - Ambriz A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru Items 3.9, 3.12 and 3.15 were removed and heard separately; Mayor Murphy abstained on Item 3.15; all other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR ******** Page 9 CITY COUNCIL MINUTES March 28, 2006 4. REPORTS FROM MAYOR MURPHY 4.1 Consideration of appointment to the Orange Park Acres Planning Committee. (ORI800.0.26.1) Discussion - Council discussed a letter received from the Orange Park Association requesting that the Orange Park Acres Planning Committee be retired by the Orange City Council and that the Orange Park Association Board of Directors be the body to consider all matters of concern between the City of Orange and Orange Park Acres. The City Council dIrected the City Attorney to prepare a report on the legalities of allowing the Orange Park Association to assume the duties of the Orange Park Acres Committee. 5. REPORTS FROM COUNCILMEMBERS - None. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None. 7. ADMINISTRATIVE REPORTS 7.1 Report from City Attorney - Purchase and Sale of a remnant of the former alignment of Lewis Street. (A2100.0 Agr-4861) SUMMARY: The proposed Purchase and Sale Agreement (Agreement) provides for the purchase by City Office, L.P., from Jerry Farrow, of a 20-foot wide remnant piece of the former alignment of Lewis Street. City Office intends to develop the remnant, when combined with adjoining property already owned by City Office, as a parking lot for its neighboring office building. As a condition to closing under the Agreement, the City of Orange agrees to vacate the street easement it holds over the subject property and to record and deposit with escrow a resolution to that effect. Resolution No. 10068 documents the City Council's intent to set a noticed public hearing to vacate the street easement. The noticed public hearing will be held on April 11, 2006. Discussion Mayor pro tem Cavecche requested that this one-time revenue of approximately $40,000 be identified for a specific project rather than go into the General Fund. RESOLUTION NO. 10068 Resolution of the City Council of the City Orange stating its intent to vacate a portion of that public street commonly known as Old Lewis, generally located north of State Route 22 and south of Metropolitan Drive and adjacent to Lewis Street, setting a public hearing thereon, and directing notice thereof to be posted and published. Page 10 I I CITY COUNCIL MINUTES March 28, 2006 7. ADMINISTRATIVE REPORTS (Continued) MOTION - Smith SECOND - Cavecche A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to approve Resolution 10068; and approve the Purchase and Sale Agreement between City Office, L.P., a California Limited Partnership, the City of Orange and Jerry Farrow for purchase of a remnant of the former alignment of Lewis Street. FISCAL IMP ACT: The City anticipates approximately $40,000 being paid to the General Fund. In addition, the City will avoid costs and expenses it has incurred in maintaining the property, which in the past has included removal of trash and debris, installation of no parking signs and installation of posts to prevent drivers from utilizing the handicapped sidewalk access ramp to park on the subject property. 7.2 Report from Interim Community Services Director - Joint-Use Agreement between the City of Orange and the Orange Unified School District (OUSD) for the recreational use of Fred Kelly Stadium and the Amendment of the City's Master Schedule of Fees and Charges for the purpose of adding fees and charges for the use of Fred Kelly Stadium. (A2100.0 Agr-4862) SUMMARY: Approval of a Joint-Use Agreement between the City of Orange and the Orange Unified School District for the recreational use of the newly renovated Fred Kelly Stadium for the City's annual 3'd of July Celebration and for use by approved City of Orange non-profit youth sports organizations, including the establishment of fees and charges for the use thereof. Discussion Council discussed issues regarding use of trained volunteer workers, youth sports organization volunteers and supervision, as well as training of employees to satisfy certification requirements. It was reported that at all events, the City will have at least one paid employee on site. Councilmember Ambriz asked about the warranty of the synthetic field turf and track surface and the supervision of their proper use as detailed in the OUSD contract with the manufacturers- Field Turf and CalTrax. City Attorney, David DeBerry indicated that his office will review the language and determine if trained city employees will constitute district supervision as required by the contracts between OUSD and the manufacturers. Page 11 CITY COUNCIL MINUTES March 28, 2006 7. ADMINISTRATIVE REPORTS (Continued) The following persons spoke of the success of the Fred Kelly Stadium project: Stu Livingstone, Address on File John Hanna, Address on File, Wes Rose, Address on File RESOLUTION NO. 10069 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 by adding fees and charges for the use of Fred Kelly Stadium. MOTION - Murphy SECOND - Smith AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to approve Resolution No. 10069; and approve the Joint-Use Agreement between the City of Orange and the Orange Unified School District for use of Fred Kelly Stadium; and authorize the Mayor and the City Clerk to execute the Joint-Use Agreement on behalf of the City. FISCAL IMPACT: No direct fiscal impact. It is anticipated that staffwill return to City Council with a budgetary adjustment to appropriate expenditures with the same increase to the revenue commitment once actual usage is tracked for a period of time. The intent of this Agreement is for the user groups to reimburse the City for its actual costs with a net fiscal impact of administrative costs only. 7.3 Report from Community Development Director - Proposed agreement with The Arroyo Group, to perform the Santa Fe Depot Specific Plan comprehensive update and consider approval of a Cooperation Agreement between the City and Redevelopment Agency to provide for the Agency to pay for a portion of the costs associated with the update. (A2100.0 Agr-4863) (See related Redevelopment Agency Minutes - Item No. 7.1) SUMMARY: Update of the Santa Fe Depot Specific Plan to develop a specific plan that will reflect the changes that have occurred since its initial adoption and that will have relevant land use and design policies which will support transit oriented and economic development activities and promote a vibrant pedestrian-oriented environment. The proposed project involves a comprehensive update of the City's 1993 Santa Fe Depot Specific Plan (Phase 1) and preparation of an environmental impact report for the update (Phase 2). The subject agreement pertains to the work associated with Phase 1 which is being funded primarily by the Caltrans Community Based Transportation Planning Grant program and the Agency. Phase 2 of the project is being Page 12 I I CITY COUNCIL MINUTES March 28, 2006 7. ADMINISTRATIVE REPORTS (Continued) funded through a separate grant program administered by the Orange County Council of Governments. These funds have not yet been released to the City. Therefore, the contract for Phase 2 will be brought forward to the Council at a future date. Discussion Principal Planner, Anna Pehoushek responded to a question from Councilmember Smith regarding unforeseen additional work not detailed in the scope of the contract. She indicated that a 5% contingency has been built into the contract to cover this possibility. Councilmember Smith asked about the relation of the Santa Fe Depot Specific Plan to the Chapman University Specific Plan since they overlay one another. Community Development Director, Alice Angus responded that the two plans would be worked in concert with one another. Councilmember Smith stated the Depot itself, to Atchison and the property east of the railroad tracks is in the National Historic Register. She stated for the record, that the Santa Fe Depot is in the heart of this National Historic Register; that the plan needs to address that it is an appropriate development in an Historic District to examine the impacts both positive and negative and work to enhance the Historic District, not act as a deterrent. She stated that this would justify the large expenditure of money on the plan. She stated that transit areas and train stations can destroy a neighborhood, but with proper planning and attention to historic landscaping and design, this would not be the case. She requested that future documents reference the National Register of Historic Districts and the Plaza Historic District which is also on the National Register. MOTION - Smith SECOND - Murphy A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to 1) Approve the agreement with The Arroyo Group, as the consulting team to perform the comprehensive Santa Fe Depot Specific Plan Update in the amount of $423,200; 2) Approve the Cooperation Agreement between the City and Redevelopment Agency to provide for the Agency to pay for a portion of the costs associated with the comprehensive update to the Santa Fe Depot Specific Plan; and 3) Authorize the Mayor and City Clerk to execute all necessary documents on behalf of the City. FISCAL IMP ACT: Funds are available in the following accounts: 100-6011-426700-9799-00000 (Caltrans Grant) 943-9800-426700-9799 (Redevelopment Agency) $232,072 $191,128 The Orange Redevelopment Agency will appropriate $191,128 to this project m a separate action. Page 13 CITY COUNCIL MINUTES March 28, 2006 8. REPORTS FROM CITY MANAGER - None. 9. LEGAL AFFAIRS - None. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 6:30 p.m. to a Closed Session for the following purposes: a. Conference with Real Property Negotiator - Real property negotiations pursuant to Government Code Section 54956.8: Property: South Orange Parking Lot, 132-154 S. Orange Street City's negotiators: John Sibley, City Manager and Rick Otto, Sr. Assistant to City Manager Negotiating Parties: City and City Walk Development, LLC Under Negotiation: 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. 7:00 p.m. Session 12. PUBLIC COMMENTS - None. 13. PUBLIC HEARINGS 13.1 FY 2006-07 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND HOME INVESTMENT PARTNERSHIPS ACT PROGRAM. (C2500.G.1.3) Time set for public hearing to consider the funding recommendations of the Community Development Block Grant (CDBG) Committee for the City's FY 2006-07 CDBG Program and HOME Investment Partnerships Act (HOME) Program. CDBG and HOME funds are allocated annually to the City by the U. S. Department of Housing and Urban Development (HUD). MAYOR MURPHY OPENED THE PUBLIC HEARING - The following people spoke on behalf of their organizations: Cynthia Drury, Friendly Center Callie Geyer, Beverly House Jeffrie Vihinen, Doyle McIntosh Center Sharon Smith and Robin Li, Council on Aging Sharon Algeo, Assistance League of Orange MAYOR MURPHY CLOSED THE PUBLIC HEARING - The Council acknowledged and thanked the Staff and the CDBG Committee for their work - Mary Ellen Manning, Fernando Rico, Eva Perez, Antonia Castro and Bob Tunstall. Page 14 I I CITY COUNCIL MINUTES March 28, 2006 13. PUBLIC HEARINGS (Continued) FY 2006-07 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM CDBG C F din d . Program omrmttee un ~g Recommen ations PROJECTS/PROGRAMS Amount Requested Committee Rcoonmlt't"rlalion ADMINISTRATION 20% Budget cap is $273,710 City Departments Economic Development Program Administration $ 244,860 $ 244,860 (Salaries and Benefits, Maintenance and Operations, and Contingency) City Departments Administration Subtotal Nonprofit Agencies Orange County Fair Housing Council, Inc. 28,850 28,850 Nonprofit Agencies Administration Subtotal ADMINISTRATION TOTAL $ 273,710 $ 273,710 PROJECTS/PROGRAMS Amount Requested Reconm1Cndation PUBLIC F ACILITIESlIMPROVEMENTS/REHABILIT A TION nudget is $995,556 (FY 2006-07 CDnG Grant $889,556 + rebudeeted FY 2005-06 Contingencv $106,000) City Departments Public Works (projects listed in priority order) ADA Access Ramps-Citywide $ 308,000 $ 81,000 Beverly Drive Reconstruction -Main Street to Crescent Drive 106,000 106,000 Crescent Drive Reconstruction - Beverly Drive to Walnut Street 67,000 67,000 Grand Street Overlay - Trenton Avenue to south end cul-de-sac 95,000 95,000 Center Street Overlay - Trenton Avenue to south end cul-de-sac 94,000 94,000 Blake Street Overlay - Trenton A venue to south end cul-de-sac 99,000 99,000 Harwood Street Overlay - Trenton Avenue to south end cul-<le-sac 114,000 114,000 Pine Street Overlay - Trenton A venue to south end cul-de-sac 115,000 115,000 Acacia Avenue Overlay - Lime Street to Batavia Street 126,000 126,000 Poplar Street Reconstruction - Maple A venue to north end cul-de-sac 69,000 69,000 City Departments' Public Facilities/Improvements/Rehabilitation Subtotal $ 1,193,000 $ 966,000 Nonprofit Agencies Helping Our Mentally III Experience Success (H.O.M.E.S.), Inc. $ 18,330 $ 17,556 Cypress House Rehabilitation I Olive Crest Treatment Centers 33,000 0 Garfield House Refurbishment Rebuilding Together Orange County Safe at Home 2006-2007 12,000 12,000 Nonprofit Agencies' Public Facilities/Improvements and Rehabilitation Subtotal $ 63,330 $ 29,556 PUBLIC F ACILITIES/IMPROVEMENTSIREHABILIT A nON TOTAL $ 1,256,330 $ 995,556 Page 15 CITY COUNCIL MINUTES March 28, 2006 13. PUBLIC HEARINGS (Continued) PROJECTS/PROGRAMS Amount Requested Committee Reconunendation PUBLIC SERVICES 15% Budget cap is $ 205,282. City Departments Communitv Services El Camino Real, Killefer, Prospect/Grijalva Community Parks 1$ 43,170 $ 43,170 Police Bike Team Program 120,000 120,000 City Departments Public Services Subtotal $ 163,170 $ 163,170 Balance available to Nonprofit Public Services $ 42,112 $ 42,112 Nonprofit Agencies Assessment and Treatment Services Center (A TSC) Youth and Family Counseling $ 10,000 $ 0 Assistance League of Orange Operation School Bell 10,000 10,000 Colette's Children's Home Emergency Transitional Shelter 10,000 10,000 Council on Aging ~ Orange County Linkages Case Management Program 10,000 0 Dayle Mcintosh Center for the Disabled Health Care Access for Persons with Disabilities 7,500 0 Friendly Center Inc., The Emergency Assistance and Supplemental Food Program 14,950 6,756 Interval House Domestic Violence Crisis Support Services 50,000 0 Mariposa Women and Family Center Mariposa Family Program 10,000 0 THINK Together Highland Learning and Teen Centers 10,000 0 Women's Transitional Living Center, Inc. (WTLC) Independence from Dependence 10,000 6,756 YMCA of Orange Homework House 4,800 0 YWCA of Central Orange County First Steps Transitional Housing 8,600 8,600 Nonprofit Agencies Public Services Subtotal $ 155,850 $ 42,112 PUBLIC SERVICES TOTAL B 319,020 $ 205,282 GRAND TOTAL $ 1,849,060 $ 1,474,548 CDTotal is comprised of FY 2006-07 CDBG grant in the amount of $1,368,548 and rebudgeted FY 2005-06 contingency funds in the amount of $1 06,000. Page 16 I I CITY COUNCIL MINUTES March 28, 2006 13. PUBLIC HEARINGS (Continued) FY 2006-07 Community Development Block Grant (CDBG) Prol!:ram MOTION - Smith SECOND - Murphy A YES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to: 1) Approve the funding recommendations of the CDBG Program Committee for the City of Orange FY 2006-07 CDBG Program; 2) Authorize staff to request and receive $1,368,548 in FY 2006-07 CDBG funding from HUD, and rebudget $106,000 of FY 2005-06 CDBG contingency funds for a total FY 2006-07 CDBG Program budget of $1 ,474,548; 3) Authorize the City Manager or his designee to execute FY 2006-07 CDBG Program Grant Agreement and all related documents on behalf of the City; 4) Authorize the City Manager or his designee to execute FY 2006-07 Memoranda of Understanding with City departments, Subrecipient Agreements with nonprofit agencies, and all related CDBG Program documents. FY 2006-07 HOME Investment Partnerships Act Prol!:ram MOTION - Smith SECOND - Murphy AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to 1 )Authorize staff to request and receive $606,792 in FY 2006-07 HOME funds from the HUD; and 2) Authorize the City Manager or his designee to execute the FY 2006-07 HOME Program Grant Agreement and all related documents on behalf of the City. 13.2 PROPOSED DISPOSITION OF REAL PROPERTY BY THE ORANGE REDEVELOPMENT AGENCY TO VALENTINE REALTY COMPANY, INC. AND IDC WEST, LLC. (A2100.0 Agr-4865) (See related Redevelopment Agency Minutes - Item No. 11.1) Time set for a joint City Council/Redevelopment Agency public hearing to consider authorization of the sale of Orange Redevelopment Agency owned property and approval of an Owner Participation Agreement COP A") between the Orange Redevelopment Agency and Valentine Realty, Inc., and IDC West, LLC, relating to redevelopment of property located at 1005-1015,1031, and 1103 W. Chapman Avenue and 112 N. Citrus Street in the Orange Merged and Amended Redevelopment Project Area for medical office use. Page 17 CITY COUNCIL MINUTES March 28, 2006 13. PUBLIC HEARINGS (Continued) Council Ouestions Council discussed the idea of instituting a permit parking program for the surrounding streets. Councilmember Smith commented on the need to include the projects' neighbors in the decision to implement the permit parking program and added that she had received calls from constituents for more landscaping as a buffer to the homes on Citrus. The applicant, Dave Valentine explained that the Planning Commission did shadow studies and required that the building be moved further away from the buildings behind it and increase the landscaping significantly. MAYOR MURPHY OPENED THE PUBLIC HEARING - Kimberly Bottomley, 1005 W. Arbor Way, spoke on saving a mature Cedar Tree on the property. MAYOR MURPHY CLOSED THE PUBLIC HEARING - Mr. Valentine explained that in moving the building the tree could not be saved, but that the landscape design would include many trees in its place. RESOLUTION NO. 10061 A Resolution of the City Council of the City of Orange authorizing the sale of real property by the Orange Redevelopment Agency to Valentine Realty Company, Inc., and IDC West, LLC, as tenants in common, in accordance with the terms of an Owner Participation Agreement by and between the Orange Redevelopment Agency and Valentine Realty Company, Inc. and IDC West, LLC. MOTION - Cavecche SECOND - Murphy AYES - Smith, Ambriz, Murphy, Cavecche, Dumitru Moved to approve Resolution No. 10061. 14. PLANNING AND ENVIRONMENT - None. Page 18 I I CITY COUNCIL MINUTES March 28, 2006 15. ADJOURNMENT The City adjourned at 8: I 0 p.m. in memory ofMr. Arlen Craig. The City Council adjourned to an Adjourned Regular Meeting, Study Session to be held on Tuesday, April 4, 2006, at 5:00 p.m. in the Weimer Room, with the Planning Commission, Park Planning and Development Commission, and City Traffic Commission to review proposed FY 2006-07 Capital Improvement Plan. The next Regular Council meeting is scheduled for April 11, 2006. Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council agenda of a regular meeting of March 28, 2006 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. / /; / I ( \ \ Page 1 9