HomeMy WebLinkAbout11_23_2004 - Council MinutesAPPROVED BY THE CITY COUNCIL ON DECEMBER 14, 2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING November 23, 2004
The City Council of the City of Orange, California convened on November 23,2004 at 4:30 p.m.
in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
I. OPENING
1.1 INVOCATION
Given by Mr. Warren Johnson, The Salvation Army
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Alvarez
1.3 ROLL CALL
PRESENT -ABSENT -
Ambriz, Alvarez,
Mayor Murphy, Coontz, Cavecche None.1.
4
PRESENTATlONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of
2004 Achievement of Excellence in Procurement Award to Glenn Kaye,Purchasing Officer,
Finance Department.Presentation of
Certificate of Achievement Award for Excellence in Finance Reporting by the
Governmental Finance Officers Association of the United States and Canada for the City'
s and the Redevelopment Agency's Comprehensive Annual Financial Report CAFR) for
the fiscal year ending June 30, 2003 to David Christian, Accounting Manager and Annie
Case, Senior Accountant, Finance Department.Mayor Murphy
announced:December 5th -
Orange County Marathon at Fashion Island to benefit children's charities, including Ronald
McDonald House.December 5th at
4:30 p.m. - Annual Tree Lighting Ceremony.Dec 7th at 7:
00 p.m.- Ceremony to honor departing Councilmembers and welcome new Councilmembers.2. PUBLIC
COMMENTS - None.PAGE
1
CITY COUNCIL MINUTES November 23, 2004
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda. Any member of the City
Council, staff or the public may request an item be removed from the Consent Calendar
for discussion or separate action. Unless otherwise specified in the request to remove an
item from the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar.
3.1 Declaration of City Clerk, Mary E. Murphy, declaring posting of City Council
agenda of a regular meeting of November 23, 2004 at Orange Civic Center kiosk,
Police facility at 11 07 North Batavia, Shaffer Park; all of said locations being in the
City of Orange and freely accessible to members of the public at least 72 hours
before commencement of said regular meeting; and available at the Civic Center
City Clerk's Office and Main Public Library at 101 N. Center Street.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office of the City Clerk.
3.2 Request Council Confirmation of warrant registers dated November 4 & 10,2004.
ACTION:Approved.
3.3 Request approval of City Council Minutes, Regular Meeting November 9, 2004.
C2500.D.4)
ACTION:Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
3.5 Receive and file the City Treasurer's Report, period ending October 31, 2004.
C2500.F)
ACTION:Approved.
PAGE 2
CITY COUNCIL MINUTES November 23,2004
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.6 Sewer Service Agreement - Request by Boonchai and Somlee Yimlamai to connect their
property to City of Orange sewer. (A2100.0 Agr-4580)
SUMMARY: Boonchai and Somlee Yimlamai, owners of residential real property
located at 8631 Orange Avenue in an unincorporated area of the County of Orange, have
requested to connect their house sewer lateral to the City sewer main in Orange Avenue.
They have executed a Sewer Service Agreement with the City of Orange and are
requesting City Council approval.
ACTION: Approved the connection request from Boonchai and Somlee Yimlamai and
authorized the Mayor and the City Clerk to execute this Sewer Service Agreement on
behalf of the City.
FISCAL IMP ACT: None. The property owners have paid all connection fees.
3.7 Sewer Service Agreement - Request by Mark and Julie Sandford to connect their property
to City of Orange sewer. (A2100.0 Agr-4581)
SUMMARY: Mark and Julie Sandford, owners of residential real property located at
10331 S. Randall Street in an unincorporated area of the County of Orange, have
requested to connect their house sewer lateral to the City sewer main in Clark Avenue.
They have executed a Sewer Service Agreement with the City of Orange and are
requesting City Council approval.
ACTION: Approved the connection request from Mark and Julie Sandford and
authorized the Mayor and the City Clerk to execute this Sewer Service Agreement on
behalf of the City.
FISCAL IMPACT: None. The property owners have paid all connection fees.
3.8 Renewal of Water Quality Ordinance Implementation Agreement with the County
of Orange Flood Control District D02-082. (A2l00.0 Agr-
4059.1)SUMMARY: This agreement authorizes the Orange County Flood Control
District, upon request by the City of Orange, to provide NPDES (National
Pollutant Discharge Elimination System) authorized inspection services. There is an annual charge of$
I,693 for the availability of
these services.
CITY COUNCIL MINUTES November 23, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Approved the renewal of the Water Quality Ordinance Implementation
Agreement D02-082 with the Orange County Flood Control District and authorized
the Mayor and City Clerk to execute Amendment Number One to Water Quality
Ordinance Implementation Agreement between the Orange County Flood Control District and
the City of
Orange.FISCAL IMPACT: Funding for this work is provided in the Public Works Department'
s operating budget utilizing Sanitation Funds in the Other Professional Services
Account No.
220-5022-426700.3.9 Award of Professional Service Agreement for City
Collection Agency Services.A2l00.
0 Agr-2302.A)SUMMARY: This agreement authorizes the outsourcing of
collection services for all City of Orange departments, which will result in recouping lost
revenue or library books.This agreement is to remain in effect for a
five (5) year period.ACTION: Approved the agreement with Southwest
Collection Service, Inc. and authorized the Mayor and City Clerk to execute the agreement
on behalf ofthe City.FISCAL IMPACT: All funds that are deemed uncollectible by the
City are turned over to the collection agency. The collection agency keeps 26% of all
the revenue that they collect and 40% of all revenue on accounts that they had to
process through their legal services. The balance is
remitted
to the City.BIDS 3.10 Rejection of Bids - Bid No. 045-17;
SP-3501, Police Headquarters Heating,Ventilation, Air Conditioning (HV AC) System
Renewal, Phase I, and Authorization to
Re-advertise for Bids. (C2500.M)SUMMARY: The bids were opened on November 4,
2004. Seven (7) formal bids were received for this project ranging from $149,000.00 to $
508,000.00. The apparent low bidder is Electro-Air Company
of Culver City for $149,000.00.Electro-Air Company has claimed one
mistake in its submittal and requested to be relieved of its
bid and to have its bid bond released.ACTION: 1) Accepted Electro-Air
Company's request to withdraw its bid; and 2)Rejected all seven
bids received and authorized the re-advertisement of this project.FISCAL IMP ACT:
Funds are budgeted in the
Capital Improvement Program and are available in the following
account:725-
CITY COUNCIL MINUTES November 23, 2004
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.11 Award of Bid No. 045-16; CDBG Project - Eisenhower Park Renovations (A2l00.0
Agr-
4582)SUMMARY: The bids were opened on November 4, 2004, and six (6) formal bids
were received for this project. The apparent low bidder is Accu Construction in the amount
of 520,
755.ACTION: (1) Approved the Award of Bid No. 045-16; CDBGProject -
Eisenhower Park Renovations, to Accu Construction, 23135 Betty Road, Perris, CA 92570, in
the amount of $520,755; (2) Authorized an appropriation of $89,000 from Fund
320 California Parklands-Proposition 12) to 320-7021-
485100-0092 (Eisenhower Park Prop 12); and, (3) Authorized the Mayor and City Clerk to execute
the contract
on behalf of the City.FISCAL IMP ACT: After the fund transfer is executed, sufficient
funds will
exist
in
the
following
accounts:510-
7021-485100-0092
310-9645-485100-0092
320-7021-
485100-0092
TOTAL Eisenhower
Park):CDBG
Eisenhower Park):Eisenhower Park Prop 12):9,594 78,840 480.520 568,954
3.12 Final Acceptance of Bid No. 045-08; SP-3491; Annual
Service Contract for Concrete Replacement at Various Locations, FY 2004-05 and
authorization
to file Notice of Completion with the County Recorder (No
staff report required). (A2l00.0 Agr-4543)SUMMARY: Bid No.
045-08; SP-3491; Annual Service Contract for Concrete
Replacement at Various Locations, FY 2004-05. Staff recommends
acceptance of improvements. The contractor on said job was Kalban, Inc.ACTION: Accepted
public work improvements, authorized release of International Fidelity Insurance Company of New Jersey, Bond No.
0386353
in the amount of
204,250.
CITY COUNCIL MINUTES November 23,2004
3. CONSENT CALENDAR (Continued)
3.13 Award of Contract - Bid No. 045-13. Custodial Contract for all City and
Recreation Buildings, Fiscal Year 2004-05 to Bell Building Maintenance
Company.A2l00.0
Agr-4589)SUMMARY: Proposals (Bid No. 045.13) were received and opened on
October 2S,2004. Seven Contractors responded to the invitation for the Custodial Contract
for all City and Recreation Buildings, FY 2004-05. Based on the evaluation
process detailed in the Custodial Specifications, six (6)
contractors were qualified.ACTION: Awarded a contract to Bell Building Maintenance Company in
the amount of 391,768.00 for all City and Recreation Buildings, FY2004-
05; and authorized Mayor and City Clerk to execute on
behalf of the City.FISCAL IMPACT: Sufficient funds are budgeted for the
remainder of FY2004-05 and are
available in the following account:Account No. 100-
5027-424202-0000 Janitorial Services):454,969.00 3.14 Mills Act
Contract No. MAC-l
08.0-04, (Historic Property Preservation Agreements). (A2l00.0 Agr-4583)SUMMARY:
A proposal to approve Mills Act Contract for a historic, single-
family residence located within the Old Towne Orange Historic District. Estimated costs associated
with the repair, rehabilitation and maintenance performed by the owner for the minimum 10
year)
term of this contract total $83,630. Location: 222 W.
Palmyra Avenue.ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)between
the City of Orange and the property owner, (Application No. MAC-I0S.0-
04),for the preservation, restoration and/or rehabilitation of a qualified historic property
in exchange for a reduced property tax assessment;
and authorized the Mayor and City Clerk to execute on behalf
of the City.FISCAL IMPACT: The City currently receives approximately $567 in property taxes;with the stepped
up basis of the new sale, including the estimated tax savings on the Mills Contract,
the City
CITY COUNCIL MINUTES November 23, 2004
3. CONSENT CALENDAR (Continued)
3.15 Mills Act Contract No. MAC-l 09.0-04, (Historic
Property Preservation Agreements). (A2100.
0 Agr-4584)SUMMARY: A proposal to approve Mills Act Contract for
a historic, single-family residence located within the Old Towne Orange
Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by
the owner for the minimum 10 year) term of this contract total $42,765.
Location:
803 E. Walnut Avenue.ACTION: Approved a Mills Act Contract (
Historic Property Preservation Agreement)between the City of Orange and the property owner, (
Application No. MAC-I09.0-04),for the preservation, restoration and/or rehabilitation
of a qualified historic property in exchange for a reduced property tax assessment;
and authorized the Mayor and City Clerk to
execute on behalf of the City.FISCAL IMP ACT: The City will incur a loss of
property
tax of approximately $229 per year.3.16 Mills Act Contract
No. MAC-llO.0-
04, (Historic Property Preservation Agreements). (A2100.0 Agr-4585)SUMMARY: A proposal
to approve Mills Act Contract for a historic, single-family residence
located within the Old Towne Orange Historic District. Estimated costs associated with the
repair, rehabilitation and maintenance performed by the owner for the minimum 10 year) term of
this contract total $94,125. Location: 230 S. Orange Street.
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)between the City of
Orange and the property owner, (Application No. MAC-I 10.0-04),for
the preservation, restoration and/or rehabilitation of a qualified historic property in exchange
for a reduced property tax assessment; and authorized
the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: The City currently receives approximately $403 in property taxes;with the stepped up basis
of the new sale, including the estimated tax savings on the Mills Contract, the City
will incur a gain of property tax of approximately $152 per
year.3.17 Mills
Act Contract No. MAC-1l1.0-04, (Historic Property Preservation Agreements). (A2l00.
0 Agr-4586)SUMMARY: A proposal to approve Mills Act Contract
for a historic, single-family residence located within the Old Towne Orange Historic
District. Estimated costs associated with the repair, rehabilitation andmaintenance performed by the owner for
the minimum 10 year) term of this contract total $63,455. Location:
454 S.
CITY COUNCIL MINUTES November 23, 2004
3. CONSENT CALENDAR (Continued)
ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)
between the City of Orange and the property owner, (Application No. MAC-111.
0-04),for the preservation, restoration and/or rehabilitation of a qualified historic
property in exchange for a reduced property tax assessment; and authorized the Mayor
and City Clerk to execute on behalf of
the City.FISCAL IMP ACT: The City currently receives approximately $300 in
property taxes;with the stepped up basis of the new sale, including the estimated tax savings on
the Mills Contract, the City will incur a gain of property tax of approximately $137
per year.3.18 Mills Act Contract No. MAC-112.0-
04, (Historic Property Preservation
Agreements). (A2l00.0 Agr-4587)SUMMARY: A proposal to approve Mills Act
Contract for a historic, single-family residence located within the Old
Towne Orange Historic District. Estimated costs associated with the repair, rehabilitation and maintenance
performed by the owner for the minimum 10 year) term of this contract total $
80,
300. Location: 513 E. Washington Avenue.ACTION: Approved a Mills
Act Contract (Historic Property Preservation Agreement)between the City of Orange and the
property owner, (Application No. MAC-1l2.0-04),for the preservation, restoration and/
or rehabilitation of a qualified historic property in exchange for a reduced property
tax assessment; and authorized the Mayor and City
Clerk to execute on behalf of the City.FISCAL IMPACT: The City will incur a
loss
of property tax of approximately $150 per year.3.19 Mills
Act Contract No. MAC-
113.0-04, (Historic Property Preservation Agreements). (A2l00.0 Agr-4588)SUMMARY:
A proposal to approve Mills Act Contract for a historic, single-
family residence located within the Old Towne Orange Historic District. Estimated costs associated
with the repair, rehabilitation and maintenance performed by the owner for the minimum 10 year)
term of this contract total $69,350. Location: 327 E.
Maple Avenue.ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement)between
the City of Orange and the property owner, (Application No. MAC-113.0-
04),for the preservation, restoration and/or rehabilitation of a qualified historic property
in exchange for a reduced property tax assessment;
and authorized the Mayor and City Clerk to execute on behalf of
the City.FISCAL IMP ACT: The City currently receives approximately $598 in property taxes;with the stepped
up basis of the new sale, including the estimated tax savings on the Mills Contract,
the City
will incur againof
CITY COUNCIL MINUTES November 23,2004
3. CONSENT CALENDAR (Continued)
3.20 Renewal of amended contract with PacifiC are Life and Health Insurance Company
to provide vision insurance benefits for City emlllovees effective January 1, 2005
through December 31, 2005. (A2l00.0 Agr-2939.C.
l)SUMMARY: The City currently contracts with PacifiCare Life and Health
Insurance Company to provide vision insurance benefits to City employees. PacificCare
Vision Insurance has presented a 12-month renewal (January I, 2005 through
December 31,2005) with a 3%
rate increase.ACTION: Approved a l2-month contract with PacifiCare Life
and Health Insurance Company for employee vision insurance coverage, and authorized the
Mayor and City Clerk to execute on behalf
of the City.FISCAL IMPACT: There is no additional fiscal impact to
the current budget.3.21 Renewal of amended contract with PacifiC are Life and
Health Insurance Company to provide vision insurance benefits for City retired emlllovees
effective January 1,2005 through December 31, 2005. 9A2100.0
Agr-2939.C.2)SUMMARY: The City currently contracts with PacifiC are
Life and Health Insurance Company to provide vision insurance benefits to both current and
retired City of Orange employees. PacificCare Vision Insurance has presented a
l2-month renewal (January 1,2005 through December 31, 2005)
with a 3% rate increase.ACTION: Approved a l2-month contract
with PacifiCare Life and Health Insurance Company for retired employees vision insurance
coverage, and authorized the Mayor and City Clerk to
execute on behalf of the City.FISCAL IMP ACT: There is no additional
fiscal impact to the current budget.3.22 Approve contract renewal with Delta Dental
Plan of California for employee dental insurance benefits effective January 1, 2005
through December 31,
2005. (A2100.0 Agr-2937.A.9)SUMMARY: The City has contracted with
Delta Dental Plan of California to provide indemnity dental insurance benefits to
City employees. This is a comprehensive dental insurance
program for employees and their family members.ACTION: Approved a one-year
contract renewal with Delta Dental Plan of California,and authorized the Mayor and City
Clerk to execute on behalf of the City.FISCAL IMP ACT: There is
no additional
CITY COUNCIL MINUTES November 23,2004
3. CONSENT CALENDAR (Continued)
3.23 Approve the DeltaCare Group Dental Service contract with Private Medical-
Care,Inc., doing business as PMI Dental Health Plan. DeltaCare PMI is a pre-
paid dental plan for active employees and retired participants for dental
insurance benefits.This contract will become effective January 1, 2005 through December
31, 2005.A2l00.
0 Agr-4590)SUMMARY: The City has contracted with DeltaCare PMI to
provide pre-paid dental insurance benefits to City employees and retirees. DeltaCare
PMI presented a 12-month contract (January 1,2005 through December 31, 2005) with
a 29% decrease in premium rate compared to the City's current prepaid dental
insurance provider, PacifiC are Dental.ACTION: Approved a 12-month contract
with DeltaCare Group Dental Service for employee and retiree pre-paid dental
insurance coverage, and authorized the Mayor and City Clerk
to execute on behalf of the City.FISCAL IMP ACT: There is no
additional
fiscal impact to the current budget.PURCHASE 3.24 Purchase of Park
Furniture at Hart Park. (A2l00.0 Agr-4592)SUMMARY: Staff requests that
the City Council authorize the purchase of park furniture on a sole source basis from
Quick Crete Products Corporation in the amount of 105,000 to replace the picnic tables, trash
cans, barbeques and
sinks at the picnic shelter at Hart Park.ACTION: (1) Authorized purchase
of the Park Furniture from Quick Crete Products Corporation, 731 Parkridge Ave., Norco, CA 92860,
in the amount of $105,000; and (2)Authorized the Mayor and City Clerk to
execute the contract on behalf of the City.FISCAL IMP
ACT: Sufficient funds exist in the following account:
320-
7021-481302-0094 (Replacement of Park Furniture-
Proposition 12) $105,000 RESOLUTIONS 3.25 RESOLUTION NO. 9924 (C2500.D)A Resolution
of the City Council of the City of Orange expressing appreciation to
Councilmember Joanne Coontz and commending her for
eighteen years of loyal
and dedicated
service
to
the
residentsofOrange.
CITY COUNCIL MINUTES November 23, 2004
3. CONSENT CALENDAR (Continued)
3.26 RESOLUTION NO. 9925 (C2500.D)
A Resolution of the City Council of the City of Orange expressing appreciation to
Councilmember Mike Alvarez and commending him for eight years of loyal and
dedicated service to the residents of Orange.
Note: Councilmember Alvarez abstained.
ACTION: Approved.
MOTION - Alvarez SECOND -
Coontz AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche Councilmember Coontz abstained
on Item 3.25. Councilmember Alvarez abstained on Item 3.26.
All items on the Consent Calendar were approved as recommended.END OF CONSENT
CALENDAR 4. REPORTS FROM
MAYOR MURPHY - None.5. REPORTS FROM COUNCILMEMBERS -
Off Agenda Items Councilmember Coontz -
Spoke on the
Veterans Day event on November II th and thanked City staff for
their efforts with the
event. She stated she had hoped there would have been more coverage in the local newspaper.Councilmember
Coontz - thanked Councilmember Ambriz for
coordinating an eventhonoring her on Thursday, December 2nd. Councilmember Ambriz
spoke on the event, to be held at The Villa, which is free and open to
the public. It is requested that donations be made to the Orange Library Foundation on behalf of Councilmember Coontz
as she leaves office.6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS -
None.7. ADMINISTRATIVE REPORTS 7.1 Report from Public
Works Director on
the purchase of property at 1314 North Cannon Street. (C2500.M.16)SUMMARY: This is
one of the parcels necessary
for the ultimate widening of the Cannon Street Realignment Project.PAGE 11
CITY COUNCIL MINUTES November 23, 2004
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Ambriz SECOND -
Alvarez AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Appropriated $598,
000 from the unreserved fund balance of Traffic Improvement -Measure M, Fund 262,
to account 262-5011-483300-3427 (Cannon Street Realignment).7.
2 Report from the City's Housing Manager regarding revisions to the Home Improvement
Program. (C2500.G.1.5)SUMMARY:
The City currently offers a Home Improvement Program to qualified Very Low and
Low Income residents of owner-occupied, single-family homes and mobile
homes.Participation in the Program has been steadily declining, and staff is proposing to modify
the Program to provide more attractive terms and encourage
participation.Discussion - Housing Manager Mary Ellen Laster presented the staff report.
Mayor pro tern Cavecche clarified that the source of the funds for this program is strictly through
the Community Development Block Grant (CDBG) program and not General Fund money.
Councilmember Ambriz confirmed that staff has advertised the December 2nd meeting for non-
profit organizations on the availability of CDBG monies.
MOTION - Cavecche SECOND -
Coontz AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION:I) Approved
the
proposed revisions to the Home Improvement Program.2) Authorized staff
and the City Attorney or his designee to prepare all documents necessary to implement the
revised guidelines.3) Authorized the
City Attorney or his designee to amend documents for nine existing Deferred Payment Loans
so that they are consistent with the revised guidelines.4) Authorized the
City Manager or his designee to execute all related documents.PAGE 12
CITY COUNCIL MINUTES November 23, 2004
7. ADMINISTRATIVE REPORTS (Continued)
7.3 Report from the Chief of Police on an Amendment of the Master Schedule of Fees to
increase the release fees for vehicles impounded under the 30-Day Impound Program
and to establish a Traffic Safety Fund from the revenue and to approve the acceptance of
a grant in the amount of $433,205.00 from the California Office of Traffic
Safety.C2500.J.1.0.
1)SUMMARY: The Police Department instituted a 30-Day Impound Program on March I
as part of a more comprehensive traffic safety program that includes a large grant from
the California Office of Traffic Safety (OTS). The program is intended to reduce fatal, serious injury
and hit and run collisions by impounding for 30 days the vehicles of unlicensed or
suspended drivers and by creating a two-officer team dedicated to DUI enforcement. The
California Vehicle Code requires the Police Department to offer a hearing to the owners of the vehicles to
determine if the vehicle should remain in police custody for the entire 30-Day period or
be released early. The California Vehicle Code also authorizes the imposition of a vehicle
release fee associated
with 30-Day hnpound Programs.Discussion - Police Chief Bob Gustafson presented the staffreport.
He credited Sergeant Jeffrey Burton and Lieutenant Brad Davis
for creating the
program.RESOLUTION NO. 9928 A Resolution of the City Council of the City of Orange amending the
Master Schedule of Fees and Charges as authorized by Orange Municipal Code Chapter 3.10
relating
to Vehicle
Release Fees.
MOTION -Alvarez SECOND -Ambriz AYES -Ambriz, Alvarez,
Mayor
Murphy, Coontz, Cavecche ACTION:I. Accepted
the State OTS grant.2. Adopted Resolution No. 9928 Amending the Master Schedule of
Fees
and Charges as specified.3. Amended the revenue budget to reflectthe receipt of $196,487.00
from the State OTS grant
to 350-4041-262900 State Grant.4. Appropriated $113,750.00
from 350-
4041-262900 to 350-4041-411101 Regular Salaries Safety.5. Appropriated $26,
267.00 from 350-4041-262900 to 350-4041-412101 Overtime - Safety.
6.
Appropriated $2,000.00 from 350-4041-262900 to 350-
4041-
429400 Local Training and Conference.7. Appropriated $47,270.00
from 350-
CITY COUNCIL MINUTES November 23, 2004
7. ADMINISTRATIVE REPORTS (Continued)
9. Appropriated $42,000.000 from 350-4041-276700 Police Tow Release Revenue
to 350-4041-41110 1 Regular
Salaries - Safety.10. Authorized the Police Department to increase its number of sworn officers by 2
from 158 to 160 sworn
police officers.11. Authorized $48,900.06 in "in-kind" traffic enforcement efforts
from existing programs toward the
required grant match.8. REPORTS
FROM CITY MANAGER 8.1 Report on Supplemental funding for the Fred Kelly stadium
track and field renovation project. (OR1800.
0.10.5)SUMMARY: At the November 9th City Council meeting, the Council considered
a request from the Community Foundation for additional City support of the Fred Kelly
field renovation project.The Council further directed that the City Manager return with options to
fund an additional contribution of up to $75,000
for thisproject.Discussion -- Assistant City Manager John Sibley gave a briefreport. He indicated that as
of yet there are no joint use agreements signed with the Orange Unified School District,
but he indicated that staff would be pursuing the use of the field by the community, as well
as the
school district.Councilmember Coontz stated her desire that the joint use agreement be put in place prior
to the completion of the project. She also requested coordination between
the Community Foundation's targeted projects and the Park Planning and Development Commission'
s identified priorities. In addition, she requested Council be apprised of the Foundation'
s activities.Councilmember Alvarez asked for clarification as to the source of the funds. He
also expressed concern that the west end of the City be assessed for future use of
Quimby monies.Mr. Sibley indicated that the Quimby Fund 511 is the source of the $75,000.
After the allocation, the fund balance will be approximately $80,000 at year's end.
The proposed Trammel Crow and BRE development projects will bring in additional Quimby funds in
the near future. He also added that the Park Planning and Development Commission is in support
of this action before the
Council today.City Manager David Rudat announced that the Trammel Crow Company pulled
their project permits that day and that their park permit fees amounted to $1.5 million to be added
to the
Quimby Fund.Mayor pro tern Cavecche added that Federal law requires that Quimby monies be spent
in the location of the project paying
the fee.
PAGE 14r
CITY COUNCIL MINUTES November 23, 2004
8. REPORTS FROM CITY MANAGER (Continued)
Councilmember Ambriz asked why there was no agreement between the City and OUSD. He
also requested documentation on a regular basis on the progress of the project.
City Attorney David DeBerry indicated that a letter would be sent with the money to the school
district requiring an acknowledgement and an acceptance.
Orange Unified School District Trustee Kimberly Nichols conveyed the District's support for the
project.
Mayor Murphy requested that the intent of the discussion and action at this meeting be conveyed
to the school district regarding follow-up and information
exchanged.MOTION - Murphy
SECOND - Cavecche AYES -
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION:1.
Found
that the funding of this project through the Community Foundation is a benefit to the residents
and sports teams of the City.2. Directed
staff to continue with discussions with the Orange Unified School District to maximize the
joint use opportunities for this facility.3. Appropriated
up to $75,000 from Fund 511 and authorize the City Manager to forward those funds
to the Community Foundation specifically for the Fred Kelly Stadium project.4. Directed
that the expenditure of these funds, by the Foundation, be subject to audit at the request ofthe
City.9. LEGAL
AFFAIRS 9.1
ORDINANCE NO. 24-04 (SECOND READING) (A2500.0 ORD-24-04
Public
Works)An Ordinance ofthe City Council ofthe City of Orange Amending Chapter2.34 of Title 2 of
the Orange Municipal Code relating to the City's Department of Public
Works.MOTION -
Cavecche SECOND -
Coontz AYES -Ambriz, Alvarez, Mayor Murphy, Coontz,
Cavecche Moved that Ordinance No. 24-04 be read by title only and same was adopted and
approved by the
preceding vote.
PAGE
CITY COUNCIL MINUTES November 23, 2004
LEGAL AFFAIRS (Continued)
9.2 ORDINANCE NO. 25-04 (SECOND
READING)An Ordinance of the City Council of the City of Orange Amending Chapter 3.08 of Title 3 of
the Orange Municipal Code relating to the City's Purchasing
System.MOTION -
Ambriz SECOND -
Alvarez A YES -Ambriz, Alvarez, Mayor Murphy, Coontz,
Cavecche Moved that Ordinance No. 25-04 be read by title only and same was adopted and
approved by the
preceding vote.9.3 ORDINANCE NO. 26-04 (FIRST READING) (A2500.0
ORD-26-04 Speed Limits)An Ordinance of the City Council of the City of Orange amending Section
10.14.050 of Chapter 10.14 of the Orange Municipal
Code pertaining to speed limits.Mayor pro tern Cavecche clarified, for the record, that although she
dislikes the idea of raising speed limits, it is necessary for enforcement purposes which can
be upheld
in the
courts.MOTION -Ambriz SECOND -Coontz A YES -Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance No. 26-04 be read by title only and same
was set for
second reading by
the preceding vote.10. NOTICED HEARINGS 10. 1 PROPERTY ACQUISITION
BY EMINENT DOMAIN, 179 NORTH TUSTIN STREET AND 1805-
1845 EAST CHAPMAN AVENUE. (C2500.M.14)Time set for a noticed public hearing on
Resolution of Necessity to acquire properties for intersection improvements being constructed at Tustin
Street and Chapman Avenue. As part of its plans to improve the intersection at Tustin Street and Chapman
A venue, the City will need to acquire private property on Chapman Avenue, east of
its intersection with Tustin Street and on Tustin Street,
north of its intersection with Chapman Avenue.Discussion - Public Works Director Harry Thomas presented
the staff report, noting that the intersection improvements will accommodate turn lanes and
a bus bay; and discussions with Orange County Transit Authority have occurred regarding the
safety
issues with the bus stop location.Councilmember Alvarez asked whether discussions
with the businesses have
occurred apprising
them
of the
CITY COUNCIL MINUTES November 23, 2004
10. NOTICED HEARINGS (Continued)
Mr. Thomas stated they hope to schedule much of the work at night to diminish its impact on the
local businesses; and that the public relations effort will be ongoing.
MAYOR MURPHY OPENED THE PUBLIC HEARING
City Attorney David DeBerry stated that according to eminent domain proceedings, if a property
owner does not submit a written request ahead of time to speak at the public hearing, that
property owner waives his ability to contest the findings in the resolution; however, pursuant to
the Brown Act, Mr. DeBerry recommended that speakers could be allowed to address the
Council.
Jim Faydock, 127 S. Lincoln, spoke on the traffic congestion at Tustin and Chapman, noting that
most of the traffic is from motorists passing through the area and not from local residents.
MAYOR MURPHY CLOSED THE PUBLIC HEARING
RESOLUTION NO. 9917
A Resolution of the City Council of the City Orange declaring the public interest and necessity
of acquiring certain real property located at 179 North Tustin Street and 1805-1845
East Chapman Avenue and authorizing the acquisition
thereof.Owners of Record: Orange Square,
LLC MOTION - Alvarez
SECOND - Coontz AYES -
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved to
approve Resolution No. 9917.10.2
SOLID WASTE RATE ADJUSTMENTS (C2500.M.l)Time set
for a noticed public hearing to consider adoption of adjusted fees for the provision of residential and
commercial solid waste services.The City
entered into an agreement with Waste Management of Orange County effective June 1,1999 for
the provision of solid waste collection and disposal services. The agreement provides that Waste
Management may request a rate adjustment each year based on specific economic factors including
changes in the producer price index and County of Orange landfill disposal fees. The
agreement also requires that specified residential and commercial rates be within the lowest one-
third of all cities in Orange County providing similar solid waste services. Staff has reviewed
and validated Waste Management's rate adjustment request. If approved, the rates shown
in Resolution No. 9923 will become effective January 1, 2005. Even with the increase,residents
in the City will continue to pay the lowest comparable rate in the County.PAGE
17
CITY COUNCIL MINUTES November 23, 2004
10. NOTICED HEARINGS (Continued)
Discussion
Public Works Director Harry Thomas summarized the staff report, noting that this is the first rate
increase since January, 2001. He added that the actual cost to the customer is subsidized by
funds recovered from the prior waste hauler; and this subsidy should last the life of the contract
which terminates on May 31,2009.
MAYOR MURPHY OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, MAYOR MURPHY CLOSED THE PUBLIC HEARING.
Mayor pro tem Cavecche noted that when the subsidy ends, there will be a huge increase to the
customer which a future Council will be required to address. She suggested there needs to be a
policy decision on how to make the migration off the subsidy so the public is not hit with a large
increase at one time. She added that in the future an ordinance be considered to adopt a
construction waste recycling program.
RESOLUTION NO. 9923
A Resolution of the City Council of the City of Orange approving revised rates for solid waste
collection and disposal services.
MOTION - Ambriz SECOND -
Cavecche AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Approved Resolution
No. 9923; approved an appropriation in the amount of 200,000 to
expenditure Account 222-5022-427400 (Trash Disposal Service Contract); and increased
the revenue budget in Account 222-5022-274100 (Refuse Collection Charges) by
the same
amount.11. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT
AGENCY 12. RECESS TO CLOSED
SESSION Note; The City Council did not
recess.The City Council will recess to a Closed Session for the following
purposes:a. To consider and take possible action upon such other matters as are orally announced by
the City Attorney, City Manager, or City Council prior to such recess unless the motion to
recess indicates any of the matters will not be considered in Closed
Session.PAGE
18
CITY COUNCIL MINUTES November 23,2004
13. ADJOURNMENT - The City Council adjourned at 5:45 p.m. to an Adjourned Regular Meeting
on December 7, 2004, at 7:00 p.m. in the Council Chambers for the Oath of Office ceremony
for the newly elected public officials.Lt<
r c~HY
CITY
CLERK t.
f}11MARKA.
MURP MAYOR
PAGE
19