HomeMy WebLinkAbout10_12_2004 - Council MinutesAPPROVED BY THE CITY COUNCIL ON OCTOBER 26, 2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING October 12, 2004
The City Council of the City of Orange, California convened on October 12, 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 Assistant Pastor Jerrod Wagner, Plaza Bible Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Alvarez
1.3 ROLL CALL
PRESENT -ABSENT -
Ambriz, Alvarez,
Mayor Murphy, Coontz, Cavecche None 1.
4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of
a $704,00 donation to the Orange Public Library Foundation from Immanuel Lutheran
Church; proceeds from their annual Fourth of July Pancake Breakfast.Presentation
of
Mayor's Award to Mr. Frank Elfend, representing Del Rio, LLC, and Sun Cal Companies
for their $50,000 donation to the City of Orange Public Library Foundation, to
name the Adult Reference & Non-Fiction Area in the expanded Main Library &
History Center in honor of City of Orange Veterans.Orange
County CAST (Child Abuse Services Team) thanked the Orange Police Department
for their assistance to CAST.Mayor
Murphy announced:Mayor'
s Prayer Breakfast will be held Thursday, October 21st, with the keynote speaker,
AC Green, former Laker.The
Community Foundation will host a fundraiser on Thursday, October 21 st 2.
PUBLIC COMMENTS - None.PAGE 1
CITY COUNCIL MINUTES October 12,2004
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda, Any member of the City
Council, staff or the public may request an item be removed from the Consent Calendar
for discussion or separate action. Unless otherwise specified in the request to remove an
item from the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar.
3.1 Declaration of City Clerk, Mary E. Murphy, declaring posting of City Conncil
agenda of a regular meeting of October 12, 2004 at Orange Civic Center kiosk,
Police facility at 11 07 North Batavia, Shaffer Park; all ofsaid locations being in the
City of Orange and freely accessible to members of the pnblic at least 72 honrs
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 Reqnest Council Confirmation of warrant registers dated September 23 and 30,
2004.
ACTION:Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, September 28, 2004.
C2500.D.4)
ACTION:Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
PAGE 2
CITY COUNCIL MINUTES October 12, 2004
3. CONSENT CALENDAR (Continued)
AGREEMENTS
REMOVED AND HEARD SEPARATELY)
3.5 Fonrth Amendment to Consultant Agreement with Curbside, Inc., for continuation
of the Door-to-Door Used Oil Collection Program and related services,
funded by the California Integrated Waste Management Board (CIWMB) Used
Oil Block Grants. (A2100.0 Agr-224.
I.D.4)SUMMARY: The City has continuously applied for and received annual
Used Oil Block Grants through the California Integrated Waste Management
Board since 1994.Approximately 90% of the annual grant funds are utilized for
door-to-door used oil collection and community outreach as provided by a
vendor, Curbside, Inc, Staff wishes to extend the agreement with Curbside, Inc. through June 30, 2005
for an amount not to exceed the combined total ($106,201) of the current grant
cycles: 8th (2002-03), 9th (2003-04), and 10th (2004-05). This will enable the
City to continue its successful used
oil collection services and public education programs,Discussion - Councilmember Ambriz questioned the State's
claim that the City had not provided proper documentation, forcing the city to reimburse
a portion of the grant funds back to the state, He indicated that until this issue was
resolved he would
be unable to support this item.Public Works Director, Harry Thomas responded
that according to the agreement, the City had been compensated for this amount by
the contractor, Curbside, Inc, He clarified that the differences involved the billing methodology, He
added that the City is pursuing the issue in question
with the Integrated Waste Management Board.Councilmember Coontz raised questions on the
extent of advertising of the program;whether the City received recycle credit
through the Landfill Diversion Program, and noted that in addition to the used oil, fluorescent light bulbs,
oil filters and latex paint
are also part ofthe recycling program.Councilmember Alvarez requested that staff provide
a
response on the intemal audit Issues,City Manager, David Rudat stated that his office
would
report
back
on
the
issue.
MOTION:SECOND:AYES:NOES:Cavecche
Murphy
Alvarez, Mayor Murphy, Coontz, Cavecche Ambriz ACTION: Approved the Fourth Amendment
to the Consultant Agreement with Curbside,Inc., and authorized the Mayor and City Clerk
to execute
CITY COUNCIL MINUTES October 12, 2004
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: This program is funded entirely by Used Oil Grant funds. Funds are
available in the following accounts:
220-5022-427100-5002 $31,774 (FY 02/03 8th Cycle Used
Oil Block Grant)220-5022-427100-5004 $37,527 (FY 03/04
9th Cycle Used Oil Block Grant)220-5022-427100-5005 $36,900 (
FY 04/05 10th Cycle Used Oil Block Grant)3.6 Cooperative Agreement
No. C-95-986 Amendment No. 7 between the City of
Orange and the Orange County Transportation Authority as a
formal recognition of Semi-Annnal Review adjustments to the
Combined Transportation Funding Program allocations and project scheduling. (A2100.0 Agr-
2397.7)SUMMARY: Semi-Annual reviews of project allocations and schedules
between the City of Orange and Orange County Transportation Authority
staff result in needed adjustments and project scheduling which accommodate project
delay and
accelerations.Cooperative Agreement No. C-95-986 Amendment No. 7
formalizes the agreed upon adjustments semi-annually.ACTION: Approved Cooperative Agreement No. C-95-986 Amendment
No, 7 and authorized the Mayor and
the City Clerk to execute the Agreement on behalf of the City.FISCAL IMPACT: No impact
on the budget.3.7 Sewer Service
Agreement - Request by Tony Jack Seeley to connect his property to City of
Orange sewer. (A2100.0 Agr--4562)SUMMARY: Tony Jack Seeley, owner of residential
real property located at 16772 East Buena Vista Street (APN: 360-362-02) in an unincorporated
area of the County of Orange, has requested to connect his house sewer lateral to
the City sewer main in
Ocean View Avenue. He has executed a Sewer Service Agreement with the
City of Orange and is requesting City Council approval.ACTION: Approved the connection request from
Tony Jack Seeley and authorized the Mayor and the City Clerk
to execute this Sewer Service Agreement on behalf ofthe City.FISCAL IMPACT: None.
The property owner has paid all connection fees.3.8 An agreement
with a private microfilming firm, Omega Microfilm Corporation, to provide
the transfer of plans and permits onto
microfilm and provide minor maintenance andlor repair to the Community Development Department's microfilm reading eqnipment. (
A2100.0 Agr-4012.A.l)SUMMARY:
The goal
of
CITY COUNCIL MINUTES October 12, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Approved and authorized the Mayor and City Clerk to execute an amendment
to an existing professional service agreement with Omega Microfilming Corporation, not
to exceed an additional $20,000 for a total contract amount of $40,000,
FISCAL IMPACT: Funds in the amount of $20,000 are available in the following
account of the Plan Check Administration budget: 100-6033-426700 -
Other Professional and Consulting
Services.REMOVED AND HEARD
SEPARATELY)3.9 First Amendment to Agreement between City and SCS Engineers for
the Environmental Site Assessment (Remedial Action Plan) at Grijalva Park
Extension A2100.0 Agr-
4297.1)SUMMARY: Approval of first amendment to the professional
services agreement between the City and SCS Engineers in an amount not to exceed $52,934
for Remedial Action Plan at Grijalva Park Extension. SCS Engineers completed the borings
for the Phase II Environmental Assessment on the landfill materials at the Grijalva
Park at Santiago Creek
extension property.Discussion - Councilmember Ambriz questioned the tests showing hazardous
materials present. He asked how much the cost would be to remedy
this,Community Services Director, Gary Wann, responded that the solution to the problem
of lead detection on site was to cap the area; however, until a study is complete, the cost
is unknown at this
time.
MOTION-
SECOND-
AYES
Cavecche
Murphy Ambriz, Alvarez, Mayor Murphy, Coontz,
Cavecche ACTION: Approved the first amendment of the professional services agreement
between the City and SCS Engineers in an amount not to exceed $52,934 for design services
for the Remedial Action Plan at Grijalva Park; and authorized the Mayor and City Clerk
to execute the agreement on behalf of the
City.FISCAL IMP ACT: Sufficient funds will be available in the following
account:510-7021-485100-0147 (Railroad Property
Geotech Study) $
CITY COUNCIL MINUTES October 12,2004
3. CONSENT CALENDAR (Continued)
3.10 Agreement between the City of Orange and Professional Turf Specialties, Inc. for
Landscape Maintenance of Soccer Fields at Grijalva Park (A2l00.0 Agr-
4566)SUMMARY: Approval of the Agreement for Professional Services between the City
and Professional Turf Specialties, Inc. in an amount not to exceed $16,800 annually
for landscape maintenance of the soccer fields at Grijalva Park at Santiago
Creek.ACTION: Approved the Agreement for Professional Services between the City
and Professional Turf Specialties, Inc. in an anlount not to exceed $16,800 annually
for landscape field maintenance of the soccer fields at Grijalva Park at Santiago Creek;
and authorized the Mayor and City Clerk to execute the agreement on behalf of the
City.FISCAL IMPACT: Sufficient funds for Professional Turf Specialties, Inc. exist in
the following account: 100-7022-427100 (Landscape
Maintenance) $
16,800 APPROPRIATIONS 3.11 The California Board of Corrections (BOC) Juvenile
Accountability Block Grant JABG)
2004. (C2500.K)SUMMARY: The BOC has authorized a reimbursable grant award in
the anlount of 19,002 with a cash match requirement of $2,111. The funds are
earmarked for the Orange PoliceDepartment Gang Enforcement/Target Unit
Progranl, an information-sharing system for law enforcement agencies, judicial courts,
schools and intervention services. The Program vision is to identify, isolate, control, educate,
prosecute, and treat juveniles who repeatedly commit serious delinquent or criminal acts,
The grant will cover operating costs, equipment purchases, materials and supplies such
as books, tapes and printing of panlphlets, production of a public information video;
and a portable CCTV Canlera to identify those juveniles involved in gang
and graffiti-related activities.ACTION: 1. Appropriated $19,002 from the General Fund, into
the Gangs Progranl for the
JABG
Grant
as
follows:
100-4032-
426700-2245
100-4032-441600-2245
100-4032-471301-
2245
900 5,628 12,474 Professional and Consulting Services Materials and Supplies
Equipment 2, Appropriated $2, III from Federal Asset Forfeiture
Funds, into the Gangs Progranl for
the JABG Grant cash match
as follows:355-4032-
426700-2245 $ 100 Professional and Consulting Services 355-4032-441600-2245 $ 625 Materials and Supplies
355-4032-471301-2245 $1,386 Equipment 3, Amended the FY 2004-
05 Revenue
Budget
CITY COUNCIL MINUTES October 12, 2004
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Because the City of Orange was approved for a reimbursable grant
award in the amount of $19,002 through the BOC JABG funds, there will be no fiscal
impact to the General Fund. Unreserved fund balance is available in the Federal Asset
Forfeiture account to fund the $2, III cash match. After appropriation, funds will be
available in the Gangs Program budget for the JABG grant and cash match as follows:
100-4032-426700-2245 $ 900 Professional
and Consulting Services 100-4032-441600-
2245 $ 5,628 Materials
and Supplies
100-
4032-
471301-2245 $
12,474
Equipment
19,
002
100 625 1.386
2,111 355-
4032-
426700-2245 355-4032-441600-2245 355-4032-471301-2245 Professional and Consulting Services Materials and
Supplies Equipment 3.12 Request for an
appropriation of $30,000.00 for repairs and maintenance at Orange Children
and Parents Together Facility. (C2500.M)SUMMARY: Request the City Council
appropriate $30,000.00 for repairs and maintenance at
Orange Children and Parents Together Facility, Four (4) major repairs/replacements are needed at the OC&
PT
facility.1. Original roofing in the equipment well is leaking and has
become too brittle to be repaired.2, Both 1978 model HVAC units need
extensive repairs that dictate replacement.3. Trees lift portions of
the concrete play areas and repairs are needed.4. Driveway used for
delivery and staff parking needs repair.ACTION: Appropriated $30,000 from
the
unreserved balance of the OCPT Building Fund, Fund 150, to account 150-
5028-4811 05-9817 (
Renovations -
OCPT Building Improvements).FISCAL IMPACT: Sufficient reserves are available for this appropriation in the
OCPT Building Fund,
Fund 150.BIDS 3.13 Rejection of Bids - Bid No. 045-11; SP-3499 Civic Center
Emergency Generator Replacement. (C2500.M)SUMMARY: The City received four (4)
bids with the low bid for a contract total of 325,
000, which was higher than the current $127,500 budget.ACTION: Rejected
all four (4) bids received
for construction ofthe project.FISCAL IMPACT: Funds
are budgeted
CITY COUNCIL MINUTES October 12, 2004
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
3.14 Bid No. 045-15, Traffic Signal Improvements at Glassell & Adams,
Chapman &Malena and Main & Stewart - Approval of plans and specifications and reqnest
permission to advertise for bids. (S4000.S.3.3)
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. The
Main & Stewart signal will be upgraded for the St. Joseph Hospital expansion.
Discussion - Councilmember Ambriz commended the Public Works Department staff on these
projects.Mayor
pro tem Cavecche clarified that the City would be coordinating with the school district
on the changes that would affect crossing guard staffing.MOTION-
SECOND -
AYES Ambriz
Murphy
Ambriz,
Alvarez,
Mayor Murphy, Coontz, Cavecche ACTION: 1)
Approved the plans and specifications and authorized the advertising of Bid No.
045-15; and 2) Found that in consideration of the $30,000.00 payment to the City
of Orange by St. Joseph Hospital of Orange (SJO), that SJO has fully satisfied revised
Condition 43 of Resolution PC 32-03, and that the City agrees to accept from SJO
all responsibility under Condition 43 relating to the addition of the protected left tum
signal phasing for Main Street at the intersection of Main Street and Stewart Drive,
including but not limited to the bidding and contracting process, replacement of the
traffic signal controller and the installation of the left turn signal and all related
appurtenances; and 3) Appropriated $30,000 from 550-5032-
265600-6030 (Revenue from St. Joseph Hospital) to 550-
5032-483100-
6030 (Signal Improvements at Main/Stewart)FISCAL IMPACT: This project will
be funded utilizing available
Capital Improvements Project Funds
as follows:272-5032-483100-6028 -
Gas Tax 262-5032-485100-4906 - Minor
Traffic Control Devices
550-5032-483100-
6030 - Deposit from
St. Joseph Hospital
116,300.
00
CITY COUNCIL MINUTES October 12, 2004
3. CONSENT CALENDAR (Continned)
3.15 Bid No. 045-17, Police Headquarters Heating, Ventilation, Air
Conditioning HV AC) System Renewal, Phase I; SP-3501. Approval of plans
and specifications and authorization to advertise for bids. (
C2500.M)SUMMARY: Plans and specifications have been completed for the
Police Headquarters HV AC System Renewal, Phase 1. The plans have been reviewed and approved
by the Fire Department and the Community Development Department. The project is
ready to be advertised for bids, The project is estimated at $
145,000.ACTION: Approved plans and specifications and authorized advertisement for
bids for the Police Headquarters HV AC System Renewal,
Phase 1.FISCAL IMPACT: Funds are budgeted in the Capital Improvement Progranl
and are available in the
following account:725-5028-481200-9823 (Police HQ
HVAC System Renewal) $314,000 3.16 Bid No. 045-20; Project No. SP-
3502; Asbestos Abatement, Demolition and Right of Way Clearance at 105, 125, 164 and 170
Sonth Water Street. Approval of plans and specifications, and request for
anthorization to advertise for bids. (C2500.M)SUMMARY: Plans and specifications
have been completed for the demolition of buildings formerly used by Orange County
Fire Authority (OCFA) on Water Street. The project is ready to be advertised
for bids. The estimated asbestos abatement and demolition cost is $180,
000,00
including contingencies (10%), and construction engineering (10%).ACTION: Approved plans and
specifications and authorized advertising for bids for Asbestos Abatement, Demolition and Right of Way
Clearance at 105,
125, 164 and 170 South Water Street.FISCAL IMP ACT: Funds are budgeted
and are available in the following accounts:940-
9800-481102-9881 Water Street Acquisition and
Reuse $30,000 565-3021-481105-2977 Fire Station No. I $85,000 Once
the bids are opened and actual costs are known, staff will make recommendations
on necessary
CITY COUNCIL MINUTES October 12, 2004
3. CONSENT CALENDAR (Continned)
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. Alex Boyd
ACTION: Denied Claim(s) for danlages and referred to City Attorney and Adjuster
CONTRACTS
3.18 Final Acceptance of development of a traffic surveillance and management center.
No staff report reauired.)
SUMMARY: Siemens Energy & Automation, Inc. was awarded a contract on May 19,
2004 to develop a traffic surveillance and management center at the Corporation Yard
637 W. Struck Avenue), Total cost of this project was $98,396.00.
ACTION: Accepted public work improvement, authorized release of retention funds,
and authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
DONATIONS
REMOVED AND HEARD SEPARATELY)
3.19 Accept donation from an Orange resident for use in the Fire/Rescue Paramedic
program. (C2500.H)
SUMMARY: An Orange resident has donated a check in the anlount of $800.00 to be
used to support the Fire Department's Fire/Rescue progranl.
Discussion ~ Councilmember Alvarez thanked the anonymous donor for the generous
gift,
MOTION - Alvarez SECOND -
Cavecche AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche PAGE 10 T
CITY COUNCIL MINUTES October 12, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Amended the revenue budget 100-3022-293900 (
paramedic donations)800.00; and appropriated the funds to Account No.
100-3022-471301 (
paramedic furniture, machinery & equipment).FISCAL IMPACT: The $800.00 donation will
augment
the
FireIRescue (Paramedic)budget.REPORTS 3.20 City Project S-198; Master Plan of
Sewers Update (C2500.M.3)SUMMARY: The Master Plan of Sewers has been updated to
reflect changes in land use since the previous plan approved in August 1990, As
part of the update study,deficiencies have been evaluated as required for the
City's Waste Discharge Requirement permit issued through the County. Deficiencies are estimated to be $
4.5 million based on projected
2025 demand and population increase,NOTE: Mayor pro tem Cavecche requested an individual briefing on this
item at a later
date,ACTION: Received and filed.FISCAL IMPACT: The Master Plan identifies deficiencies
requiring $4.5 million to make improvements to meet
the
expected demand in 2025,RESOLUTIONS 3.21 RESOLUTION NO.
9916 (C2500.M.16.1)A Resolution of the City Council of the City of
Orange approving Lot Line Adjustment LL 2004-10 adjusting lot lines of certain real property
situated on the west side of Glassell Street in the 3 I 00 block, in the City of
Orange, County of Orange, State of Califomia, also
known as the Del Rio Development.
Owners:Del
Rio,
L.
L.
C,
ACTION:
Approved.MOTION-SECOND-AYES Ambriz Alvarez
Ambriz, Alvarez, Mayor Murphy, Coontz, CaveccheCouncilmember Alvarez abstained on Item 3.3, Items 3,5, 3.9,
3,14 and 3.19 were removed and heard separately, All other items
on the
Consent Calendar were approved
as recommended.
CITY COUNCIL MINUTES October 12, 2004
4. REPORTS FROM MAYOR MURPHY - None.5.
REPORTS FROM COUNCILMEMBERS Councilmember
Coontz gave an update on the fundraising efforts by the Library Foundation for the
Main Library expansion. She stated that she was fortunate during her tenure as Mayor to successfully
meet many challenges with the support of the Council, staff and the entire community,
Councilmember
Coontz stated that when she moved from representing the community as Mayor,to
offering her services as Councilmember, she pledged to help the new Library Foundation raise money
for a new Main Library. The Main Library is acknowledged as one of the smallest in the state
compared to the citywide population. With the support of the Council, City staff and the Library
Foundation, the goal to build a new library became a reality when the City received a significant
State of Cali fomi a construction grant.Councilmember
Coontz stated that the local commitment is to raise over four million dollars,She
has worked hard to do her part, which is what she said she would do, and the $50,000 from Del
Rio I Sun Cal Companies that was gratefully acknowledged earlier, is but one of the many donations
she has diligently pursued,She
acknowledged some of the additional donations which have been received from: Elsie Porter ($
10,000); two anonymous donations ($10,000 each); Adams Steel ($25,000); Chris Turner ($
25,000),She
noted this is not an easy project, that contacts have to be made. She gave credit to the Library
Director and Foundation members who have assisted her in making contacts which have amounted
to donations of $130,000 to-date, which is a good dent in the $4 million but not
climbing as much as she would like. Also, a management representative from The Block has
been lined up to also serve on the Library Foundation Board of Directors. The ongoing
contributions from The Block include monthly contributions from the change in the fountain in
front of the AMC Theatre which totals $1,500 so far.
Councilmember Coontz stated that libraries are symbolic of the democratic system; they
strengthen our public education system, providing our children with concepts of what they can
aspire to be; they also demonstrate the real qualities of the cities which support them; and that we
need to remember a good library is important to the image of a City. She added that in
emphasizing the quality of life in the City of Orange, this project must be given priority by the
community in raising the bar to reach the fundraising goal or risk falling behind. She challenged
the Council, City staff and the community to take her example and do it better, reiterating her
commitment to this endeavor; noting she still has a few more contacts to make before she leaves
the CounciL
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.PAGE
12 T
CITY COUNCIL MINUTES October 12, 2004
7. ADMINISTRATIVE REPORTS
7.1 Report from City Attorney regarding Appointment of City Manager or his designee
as a hearing officer to consider appeals of the City's denial of a massage practitioner
permit. (C2300.E)
SUMMARY: Based upon a prior conviction, the Police Chief has denied an applicant for a
massage practitioner's permit. Pursuant to the Orange Municipal Code such appeals are heard
by the City Councilor in the alternative the City Council may appoint a hearing officer who will
make findings and recommendations to the City Council which will receive such findings and
recommendations and then render the City's final determination, It is recommended that the
City Council designate the City Manager or his designee and that such designation remain in
place until withdrawn.
Discussion - City Attorney, David DeBerry summarized the process for hearing appeals of massage
practitioner permit denials. He pointed out that these hearings could last five to seven hours,
require attorney representation, need swearing in of witnesses and are awkward in the public
arena. The request would allow the City Manager's office to hear the appeal and make a recommendation
to Council on what action to take,Councilmember
Alvarez questioned that in addition to the City Manager or his designee hearing the
appeal, a third or neutral party could be appointed to hear the appeal. He also questioned the powers
of future City Councils to hear this type of matter.Mr.
DeBerry affirmed the option of a third designee and suggested a professional hearing officer could
be that third appointee, He suggested that each appeal being heard by the City Manager's designee
be reported to Council and if a Councilmember wanted to discuss the matter, they could put
the matter on the agenda to be heard by the Council.Councilmember
Alvarez requested that wording be included in the motion to give future Councils
the flexibility to review the cases, enabling them to hear an appeal on a case-by-
case
basis.Councilmember Coontz clarified that this action would affect only the massage practitioner
and not other
issues.Mayor pro tem Cavecche clarified that the hearing officer's recommendations would come to
the Council for final determination, She agreed that the Council should receive notification of
each appeal
hearing.MOTION - Alvarez
SECOND - Murphy AYES -
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Appoint
City Manager, or his designee. as hearing officer on all massage permit appeals until
such time as such designation is withdrawn, including direction to staffto notify the Council of
each appeal hearing.PAGE 13
CITY COUNCIL MINUTES October 12,2004
7. ADMINISTRATIVE REPORTS (Continued)
7.2 Report from the Community Services Director on a proposed Dog Park at Yorba
Park. (A2100.0 Agr-
4563)SUMMARY: The City Council on August 26, 2003 approved Mitigated Negative
Declaration No. 1674-01 and the project as it pertained to the dog park, with the remaining area of
the park as passive. Further, the City Council at its meeting on January 27, 2004 approved
the proposed plan for a dog park. The approval was contingent on the Dog Park Association
reimbursing the City for the project costs. Additionally, the City Council directed the City Manager
or his designee to negotiate an agreement with the Orange Dog Park Association for
related project costs and a timeline for the completion of the
dog park.Discussion - Community Services Director, Gary Wann summarized the report on the
proposed cooperative agreement. Discussions have ensued over time to work out points in the
agreement such as, operation of the park, improvements to the dog area, and
reimbursement.Mr. Wann stated that there are five basic elements to the
agreement:1) The initial term of the agreement is five years, commencing on the date of the
completed improvements and the park being open to the public for use. There is a one-
time optional extension of an additional five years at the election of the association. There is a provision
for an annual review by the Director of Community Services and staff over compliance issues
and the results of that research and investigation brought forth
to Council.2) The funding issues include the reimbursement of the project cost of the park at $44,
000. The Association would be responsible for 80% not to exceed amount of $35,212.
The Association will make a $20,000 down payment upon award of the contract for the improvements.
Based on the 80% contribution they would be required to pay $3,803 annually over the next
four years,The City would pay the balance of the direct cost of the improvements, totaling $
8,788.3) Termination of the agreement may occur by the City with a 180 minimum
days written notice. The Association may give a 30-day prior notice. If the
Association terminate the agreement at any time during the five year period, they will not be reimbursed
for their expenses.If the City terminates at any time in the five year period, the city will
reimburse the Association the total amount that they have paid up
to that time.4) The Association will determine its own needs for insurance to protect
themselves if they deem it necessary, The City will not defend nor indemnify the Association should it
be sued
for any reason.5) The City staff will maintain the dog park improvements in good
order: mowing, edging,irrigation and other maintenance issues, as required. The Association will incur
the costs for doggy bags, dog dispensers and general clean up associated with active
dog exercise area.Councilmember Alvarez stated that the City requires insurance for all
public events, and questioned the lack of requirement that the Association
maintain liability insurance.City Attorney, David DeBerry responded that when the park is used by
private individuals, there is no insurance requirement. He equated individual use of the dog park with an
individual's use of any park-no insurance is required. However, when an organized event
occurs with a private organization, requiring a permit, the permit spells out the need for
insurance. He
CITY COUNCIL MINUTES October 12, 2004
7. ADMINISTRATIVE REPORTS (Continued)
that under state law, dog owners are liable for the actions of their pets. The Association would
only be liable in the case of a special event they hosted, requiring the liability insurance,
Councilmember Alvarez reiterated his understanding of the insurance issue-no change
in liability, essentially the City is insuring this new use as it would normally do under
park conditions. He also referred to a clause in the agreement denying the Association any interest
in the property at the
park,Mayor pro tem Cavecche clarified that other private organizations who use City parks
are required to carry insurance for specific events. She also suggested that the
scooping responsibility of the dog owners be required rather than encouraged, asking how the lack
of scooping would affect the park maintenance worker's duties. Her concern was not with
the current citizens involved with the Dog Association, but that over the years, maintenance
may become a problem if it is not required. She also requested that the entire park close at dusk
and locking of the designated dog area fencing occur. She expressed concern that if the remainder
of the park stayed open beyond the dog park hours, the entire park could tum into a dog
park.Mr. Wann referenced the City's ordinance that requires all dog owners be responsible to clean
up after their
animals.Councilmember Coontz also suggested that the hours of maintenance be posted gJVmg
the Association members a time frame for following up on their part of the clean
up.Public
Comments:Tom Searles, spoke about an interest in developing the Yorba Park
site.Rick Cryder, address on file, spoke in favor of the dog
park.Jeannine Lawrie, address on file, spoke in
favor.Mary Dargatz 2534 E. Burly, spoke in
opposition.Jerry Carroll, 354 S. Tracy Lane, spoke in
opposition.The Mayor announced that two phone calls had been received that day in favor of the dog
park.Councilmember Coontz noted this has been a long term project and the City has done
an excellent job in addressing the concerns of the Council. The project has taken longer
than expected and she hoped the Dog Association could continue to raise additional funds.
She agreed that closing the park at dusk would be a good idea for safety
reasons.CounciJmember Alvarez expressed his lack of support for the dog park. His opinion was that
the best use of the property is not a park but something that would benefit the entire city such as
a business or retail use. The property does not seem to be working as a public park and noted
that even the Park Commission voted not to include Yorba Park on a priority list. He would
be willing to support the dog park if it paid for itself, but did not want any monetary
contributions from the city. He also had a fundamental concern with liability issues. In looking at how
this PAGE
CITY COUNCIL MINUTES October 12, 2004
7. ADMINISTRATIVE REPORTS (Continued)
park would fit into the neighborhood, it was his opinion that there are still too many problems
and it will negatively impact the neighborhood.
Mayor Murphy stated his opinion that a dog park would be a good use of the park facilities and
that the dog area would be separate from the remainder of the park, providing a safe place for
owners to exercise their pets. He had hoped the Dog Association would have paid one hundred
percent of the costs, but hoped the Association could raise additional funds in the future. He
suggested that in the future the property could be used for a higher and better use, and any
money expended for the dog park can be incorporated into a future purchase price, but at the
present time it was a good use of the property.
Councilmember Ambriz asked about other cities and if there were any agreements with dog park
associations. He mentioned the deed restrictions that have been lifted on the Y orba Park
property; suggesting the property could be put on the market to test its desirability for a business
or retail use. He mentioned the lack of use of the park at the current time. He also stated he
thought there would have been a 50/50 financial commitment, noting the Dog Association has
already lost County funding because the process has taken so long. He stated his intent to honor
the decision ofthe past Council to move fOlWard with a dog park at this time.
Mayor pro tem stated that she was not voting to approve the agreement to remain consistent with
her prior voting on this project. She also stated, for the record, that she could not see the
property used for any other reason than a park setting.
MOTION-
SECOND-
AYES
NOES
Murphy
Ambriz
Ambriz, Mayor Murphy, Coontz
Alvarez, Cavecche
ACTION:
I) Authorized the Mayor and City Clerk to execute the Cooperative Agreement between the
City and The Orange Dog Park Association, a California nonprofit public benefit corporation
the Association) for the terms and conditions set forth; and,
2) Approved an appropriation of $45,000 from the unappropriated reserves of 511 (Quimby)
Fund to account 511-7021-481105-0155 (
Yorba Park Renovation).3) Designated the park to
close at
dusk.FISCAL
IMPACT:following account:After the fund transfer is executed, sufficient funds will
exist in the 511-7021-481105-
0155 (Yorba
CITY COUNCIL MINUTES October 12, 2004
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: 15 p.m. to a Closed Session for the following purposes:a.
Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.
9(a):1) Mark
Hurwitz v. City of Orange, Fourth Appellate District Case No, G032479 Orange County
Superior Court Case No. 01CC04405)2) Tam
v. City of Orange, Orange County Superior Court, Case No. 776434.b. Conference
with Real Property Negotiator - Real property negotiations pursuant to Government Code Section
54956.8:Property Address: 1314
N. Cannon Street City Negotiator: Robert
Stolhand, Harry Thomas Negotiating Parties: City
and Paul Zippwald, et al.Under Negotiation: Price
and terms of payment.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.12. ADJOURNMENT ~ The
City Council adjourned at 7:00 p.m, The next regular Council meeting is scheduled
for October 26, 2004,c!~;.~CITY CLERK "-- '
ItfAf/!!
ij1 MAYOR PAGE
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