HomeMy WebLinkAbout11_9_2004 - Council MinutesAPPROVED BY THE CITY COUNCIL ON NOVEMBER 23, 2004
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING November 9,2004
The City Council of the City of Orange, California convened on November 9, 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 Pastor Ed Trenner, Grace Brethren Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor pro tern Cavecche
1.3 ROLL CALL
PRESENT -ABSENT -
Ambriz, Alvarez,
Mayor Murphy, Coontz, Cavecche None 1.
4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Presentation of
proclamation to Wanda Schramm of Orange Camera,Presentation of
Mayor's Award to Parker Kennedy and the First American Financial Foundation for
a generous contribution to the Community Foundation.Announcement of $
2 million state grant received for Grijalva Park Community Center/Gymnasium.
Announcement of
Veterans Day Celebration on November 11 th,Announcement of
Informational Open House at Portola Middle School on Tuesday,November 16th.
2. PUBLIC
COMMENTS ---Charlene Clark, Address
on File, spoke on Grand Juror Awareness Month for the month of November.PAGE
1
CITY COUNCIL MINUTES November 9,2004
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 9, 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 City Clerk's
Office and Main Public Library, 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 October 21 and 28, 2004.
ACTION:Approved,
3.3 Request approval of City Council Minutes, Regular Meeting, October 26, 2004.
C2500.D)
ACTION:Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
AGREEMENTS
3.5 Award a Consultant Services Agreement to Joseph C. Truxaw and Associates Inc.,
of Orange, CA, for professional land surveying easement verification services.
A2100.0 Agr-2486.
B)SUMMARY: The Water Division desires to retain a consultant to perform
professional land surveying easement verification
services,ACTION: Awarded a Consultant Services Agreement in the amount of $15,300.00
to Joseph C, Truxaw and Associates Inc., Orange, CA for professional land
surveying easement verification services and authorized the Mayor and the City Clerk to execute
on behalf of the
City,FISCAL IMP ACT: Funds are budgeted and available in the following
account:600-8011-426200 $15,300.
00 Engineering
Services
Page 2
CITY COUNCIL MINUTES November 9, 2004
3. CONSENT CALENDAR (Continued)
3.6 Approve the purchase of a Time and Attendance software system from Intellitime
Systems Corporation in the amount of $109,245 and a supporting file server and
contingency for $34,575 for a total of $143,820. (A2100.0 Agr-
4572)SUMMARY: The City of Orange is currently using a time collection system where
all time worked is manually recorded on paper timesheets. This system requires that
all aspects of collecting, editing and entering the employee's work time be done
manually.The Intellitime Time and Attendance system will assist in the electronic collection
of time and attendance. This system will allow the employees to directly enter their
time worked into the time and attendance system and be provided with immediate checks
and balances of the time entered against the most current and updated information in
our Payroll Financial Management Information System, This new system will greatly
reduce the time required to enter, edit and approve the time sheets and eliminate the
duplicate data entry done by some
departments.ACTION: Approved the agreement for the acquisition and supply of time and
attendance system software and related professional services in the amount of $109,245
with Intellitime Systems Corporation; and authorized the Mayor to execute and the City
Clerk to attest said agreement on behalf of the City. Approved a transfer in the amount
of 43,820 from the Financial Management Information System Replacement
Account 790-1601-481303-9642) to the Intellitime Time
and
Attendance account (790-1601-481303-9643),FISCAL IMPACT: After the above transfer, the funds for
this project will be available in the following
Account:
790-1601-
481303-9643 Intellitime Time and Attendance
Account.APPROPRIA nONS REMOVED AND HEARD SEPARA TEL Y)3.7 A request for an
appropriation to fund the cablecast of
the City Planning Commission Meetings. (C2500.G.2.1)SUMMARY: Pursuant to a
request from the City Council, staff is recommending a funding source
for the live cablecasts of the Planning Commission meetings,Councilmember Ambriz spoke on
the benefits of this request
and commended staff
for puttingthis
together so quickly.MOTION - Ambriz SECOND - Cavecche AYES -
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche ACTION: Authorized the transfer of $2,
500 from Non-Department Account No, 1000-0000-426700
to City Clerk Account 100-0401-426700 (Other Professional & Consultant).FISCAL IMPACT: There
are sufficient
CITY COUNCIL MINUTES November 9,2004
3. CONSENT CALENDAR (Continued)
BIDS
3.8 A proposal to approve specifications and authorize advertising for bids for Well 25
Rehabilitation. (C2500.P.3)
SUMMARY: Specifications have been completed for Well 25 Rehabilitation, The
project is ready to be advertised for bids, The preliminary engineering cost estimate is
100,000.00,
ACTION: Approved specifications and authorized advertising for bids for the
Rehabilitation of Well 25.
FISCAL IMP ACT: Funds are budgeted and are available in the following account:
600-8011-425100 $100,000,00 Maintenance
of Wells 3.9 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, Anna
C. Baez b. Jose &
Sylvia Elizarraras c, Robin
Lynn Underwood ACTION: Denied Claim(s) for damages and referred to City Attorney
and
Adjuster.CONTRACTS 3.10 FY 2004-05 Animal Control Services Contract with the County of
Orange. (A2100.
0 Agr-0135.Q)SUMMARY: The City of Orange contracts with the County
of Orange for animal control field and shelter services. The term of this annual renewal is
July 1, 2004 through June 30, 2005. The contract
amount is $333,715,ACTION: Approved the proposed contract for animal control
services between the City of Orange and the County of Orange in the amount of $333,
715 and authorized the Mayor and City Clerk to execute the agreement on
behalf of the City,FISCAL IMPACT: There are sufficient funds budgeted for
Fiscal Year 2004-2005 in Account 100-0000-427100-
2350 (
Non department -
Contractual Services - Animal Control).Page4
CITY COUNCIL MINUTES November 9,2004
3. CONSENT CALENDAR (Continued)
3.11 Contract Change Order No.1; Bid No. 045-08; Project No. SP-3491
Annual Service Contract for Concrete Replacement at Various Locations for the Fiscal
Year 2004-2005. (A2100.
0 Agr-4543)SUMMARY: This Contract Change Order authorizes payment for extra
work at agreed unit prices. The extra work consists of additional sidewalk and
curb and gutter replacements at various locations, The total cost for this change order
is $82,250.ACTION: I) Appropriated $40,000 from Fund 262 (Traffic Improvement -
Measure M)to 262-5021-483300-3120 (Local Street
Maintenance); and 2) Approved Contract Change Order No, 1 in the amount of $82,250,00 to Kalban,
Inc. for the extra work.FISCAL IMP ACT: Funds will be available
in Operating Budget and Capital Improvement Project in
the following accounts upon appropriation:262-
5021-483300-3120 $40,000 Local Street
Maintenance 262-5021-427100 $46,
000 Measure M (
Contractual Service)600-
8041-474501 $ 4.
000 Water Distribution Total: $90,000 MOTION - Alvarez
SECOND - Ambriz AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Item 3,7 was
removed and heard separately, Councilmember Ambriz abstained on Item 3.10 due to a
potential employment conflict. All
other items approved as recommended.
END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR MURPHY 4.1 Consideration of The
Community Foundation of Orange's request to support the
Fred Kelly Field renovation project. (OR1800.0.10.5)Mayor Murphy reviewed the request
from the Community Foundation for the remainder of the monies needed to achieve the $500,000
goal needed to renovate Kelly Field and track facilities.The field is in need of new turf and there are
higher end products that will hold up much better than what is currently there. There are
also drainage problems that need to be addressed. He stated this project will serve as a joint use facility
with the School District and it is important that the
City be
CITY COUNCIL MINUTES November 9, 2004
4. REPORTS FROM MAYOR MURPHY
Speakers
Roger Hobbs, address on file, representing the Community Foundation, spoke in support of the
request and stated that the Community Foundation was formed to bridge the gap between public
and private funding,
Stu Livingstone, address on file, representing the Community Foundation, described the
renovation plan to build a state-of-the-art football, soccer and track facility,
He stated the Community Foundation has raised $426,000 of the $500,000 needed for this project
and are now asking the City to help with the remaining financial support of the
project. The Foundation needs to reach their financial goal by November 30th and completion of the
project is expected
by April, 2005.William Steiner, address on file, representing the Community Foundation, spoke
on the benefits of public/private partnership because no one entity is able to completely
fund expensive projects much needed
by
the community.Discussion Councilmember Coontz expressed her support for youth sports and her appreciation
for what the Community Foundation has achieved in support of many projects. She
asked whether the Foundation has gone back to the Orange Unified School District (OUSD) for
the remainder of the money needed, citing the amount of redevelopment money given to
OUSD for infrastructure projects, Councilmember Coontz further requested that the Council receive a
chart showing the amount and source of money received to-date for this project, which will
help the Council make a more informed decision by understanding the whole financial picture; indicating
that the City's Park Planning Development Commission has already prepared a list
of
priorities for park projects.Councilmember Alvarez suggested that the Community Foundation
Board, having expertise in project management among their members, commit to overseeing the project
from start to finish,He also suggested the facilities be available for passive use by the
community, noting that many citizens would like to use the
facility for personal exercise.Mr. Livingstone noted the Foundation Board would see the project through to
the end, He also stated it is their intent to use artificial turf; noting that Field
Turf, Incorporated, has been identified as an expert in this area, and the goal for funding included the
amount needed to
hire this particular company.Mayor Murphy stated that Council needed to decide on how to handle
the request and suggested that the City Manager's Office come back at the next meeting with
the
sources of
revenue
identified,Page 6
CITY COUNCIL MINUTES November 9, 2004
4. REPORTS FROM MAYOR MURPHY (Continued)
Mayor pro tern Cavecche thanked the Foundation for their hard work, which is also appreciated
by the entire community. She stated that at first she thought the gymnasium project at Grijalva
Park should be a priority, but realizes this field is in need ofrefurbishment and is a project that
will benefit children from all over the community. She stated she would support the idea of
staff looking into funding for this project, provided no reserves were used and other projects did
not have to be shifted around, She also asked if staff could address the issues of lighted fields
and ajoint use agreement with the School District.
Councilmember Coontz reiterated her desire to try to obtain the remainder of the funds needed
from OUSD and suggested there be more coordination with the Community Foundation and the
Park Planning & Development Commission, She agreed these other issues also need to be
addressed if this is brought back to Council.
Councilmember Alvarez stated that supporting this request was the right thing and encouraged
the City to take a leadership position in the project. He stated that once the facility is completed,
the city would have adequate facilities to accommodate regional events, noting the revenue
these events could generate, He encouraged the Council to look farther down the road and see
the huge benefits to the City,
Councilmember Ambriz agreed on the long-range benefits of this project, noting that the
facility will be available for regional events and for the entire community. He indicated that
the successfully completed and fully-utilized project would be a way to build
a cooperative relationship
with OUSD,Community Services Director Gary Wann indicated that meetings would be
conducted with OUSD to aggressively chart a fair and equitable use of the facility by
both entities.Councilmember Ambriz commented that although Council may agree to review
possible funding for this project, it doesn't close the door to additional private funding
being accepted,MOTION - Mayor
Murphy SECOND - Cavecche
AYES - Ambriz, Alvarez, Murphy, Coontz, Cavecche Moved
to direct the City Manager to identify funding for this project, providing an accounting of
funds; address issues of joint use with the Orange Unified School District; provide a report from
the Community Foundation specifically on where the existing funds have come from and where
they will be utilized; address all issues discussed at this Council meeting; and agendize for
November 23'd Council meeting.Page
7
CITY COUNCIL MINUTES November 9, 2004
5. REPORTS FROM COUNCILMEMBERS
5.1 Councilmember Ambriz - Discussion on the current status and performance of Signs
of Support (S.O.S.) (A2100.0 Agr-3485.A.I)
Discussion - Councilmember Ambriz stated his disappointment with the findings in reviewing an
audit of the Signs of Support (SOS) program. He noted it has been over a year since SOS has added
a business to this program, which are missed opportunities to raise money for youth programs.
He suggested options to address the issue, including readjusting the revenue and percentage
breakdown, keeping better track of reports and monitoring the agreement; or even terminating
the contract completely.Mayor
pro tern Cavecche agreed she is disappointed that SOS has not raised more money, She noted
the City does receive some money from this program but asked if there is the potential for another
company to raise even more; but did not want to bring the program in-house.
Mayor Murphy asked Mr. Lyn Bunch, President of SOS, for an assessment of what can be
achieved by his company in the next 90 days,
Mr. Lyn Bunch acknowledged that no new business has been achieved in the past 12 months,
He cited their company has increased business in other cities, but Orange seems to have a higher
turnover rate. He indicated his expectation of The Block joining the program in the near future
and that several automobile dealers have expressed an interest in the program, Mr. Bunch
suggested that city officials lend their name to sell the program, He also indicated that the
payment issues have been resolved.
In response to questions from Mayor Murphy regarding what they can anticipate in the future,
Mr. Bunch cited advertising from The Block, as well as some development companies being
lined up. He offered to provide a spreadsheet of the accounting of the program. He added that
his company serves small businesses, who do not have a large budget for advertising, a more
cost-effective way of advertising while they support the youth-oriented programs
in
the community,Councilmember Coontz stated that the program was very labor intensive. She suggested
that the lack of support for this program is due in part to the businesses in the
community receiving multiple requests for donations. Large corporations are already contributing and
perhaps Orange is just different from
other cities.Mayor pro tern Cavecche asked whether other cities who experienced more success
with the program had a different approach to gain businesses in the program. She agreed
with the assessment that the program was
labor intensive.Councilmember Ambriz stated his desire to direct the City Manager's Office to look into
ways of terminating
the contract.City Attorney David DeBerry stated that the current contract runs through June
30, 2005.
Page
CITY COUNCIL MINUTES November 9, 2004
5. REPORTS FROM COUNCILMEMBERS (Continued)
Mayor Murphy noted that the termination condition required a 30-day notice. He
suggested giving the company time to reverse the poor performance of the program; along with
bringing the payment schedule
up-to-date.Mr. Bunch indicated they would be
agreeable to this,Councilmember Coontz reminded the Council that two new Councilmembers would
be on the Council in 90 days and the directive to SOS must be very specific, allowing for
a clear decision,City Manager, David Rudat stated that his office would watch the performance
of this contract very closely with reports
provided to Council.
MOTION - Murphy SECOND -
Cavecche AYES - Alvarez, Mayor Murphy, Coontz, Cavecche
NOES - Ambriz Moved
to continue a review of the SOS agreement to January 25, 2005, glVlng SOS an opportunity
to increase revenue up to 75% of space sold; and review the reporting and payment schedule
to ensure the agreement is fully adhered to; and if not, consider termination of the agreement
at that time,Councilmember
Ambriz wanted instead to direct staff to return to the Council as soon as possible with
a recommendation to terminate the contract with SOS,6.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS --- None.7. ADMINISTRATIVE
REPORTS 7.1
Report from Public Works Director - Bid No. 045-01; Relieve Lynch Communications of
Riverside of the bid for installation of a traffic signal interconnect and fiber optic
cabling, at various locations in the City of Orange and award to the next lowest bidder, Moore
Electrical Contracting. (A2100.0 Agr-4542)SUMMARY:
The low bidder, to which Bid No, 45-01 was awarded (Lynch Communications),
has informed the City they will not be able to perform the required work, and will forfeit the bid
bond amount. The proposed improvements are extremely important to the City and should be
awarded to the next lowest bidder, Moore Electrical Contracting, 463 N, Smith Ave., Corona,
92880, with a bid of$628,925,OO,
Page 9
CITY COUNCIL MINUTES November 9,2004
7. ADMINISTRATIVE REPORTS (Continued)
Discussion --- Public Works Director Harry Thomas gave a brief summary of the request; noting that
Moore Electrical is willing to take the contract but will not be able to start until January 2005,
MOTION -
Coontz SECOND - Ambriz
AYES - Ambriz, Alvarez,
Mayor Murphy, Coontz, Cavecche ACTION:1. Consented to
the
request by Lynch Communications, Inc, to be relieved from its bid for City of Orange Bid
No, 045-01 (Traffic Signal Interconnect and Fiber Optic Cabling);2. Accepted from
Lynch Communications, Inc, the forfeiture of the amount of its bid security in the
sum of $43,300,00,3, Appropriated $200,
000,00 from Fund 272 (unappropriated balance) to 272-5032-483100-6463 (
Main/Chapman Signal Interconnect).4,
Found that it is in the best interest of the City to award the contract for City of Orange Bid
No, 045-01 (Traffic Signal Interconnect and Fiber Optic Cabling) to the second lowest
bidder, Moore Electrical Contracting of Corona; and
5. Awarded said contract to Moore Electrical Contracting of Corona and authorized the
Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Upon appropriation, funds for the project will be available in the following
accounts:
550-
5032-
483100-6463 272-
5032-483100-6463
357,138.00
290,000,00 647,
138.00 Main/Chapman
Signal
Interconnect Main/Chapman Signal Interconnect Total 8.
REPORTS FROM CITY
MANAGER - None.9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 17-04 (
SECOND
READING) (A2500.0 ORD-17-04 Public Utilities)An Ordinance of the City Council of the City
of Orange adopting Fats, Oils and
Grease Control Regulations
applicable to Food
Service Establishments.MOTION - Coontz SECOND - Cavecche AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance No. 17-04 be read by title only and
same was adopted
and approved
CITY COUNCIL MINUTES November 9,2004
9. LEGAL AFFAIRS (Continued)
9.2 ORDINANCE NO. 23-04 (SECOND READING) (Z1500.0
ZCG-23-04)An Ordinance of the City Council of the City of Orange approving the
Reclassification of 43 Parcels, approximately 8 acres of property, located in the 300-400 blocks
of South Grand Street from R2-6 to
the RI-6 Zoning
Classification (Rl-6),Zone
Change No. 1227-
04 Applicant: City
of Orange MOTION - Alvarez SECOND - Coontz AYES - Ambriz,
Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance No. 23-04 be read by title only and
same was adopted
and approved by the preceding vote.9.3 ORDINANCE NO. 24-
04 (
FIRST READING) (A2500.0 ORD-24-04 (Public Works)An Ordinance of the City Council of the City of Orange
Amending Chapter 2,34 of Title 2 of the Orange Municipal Code
relating to the
City's Department
of Public Works.MOTION - Alvarez SECOND - Ambriz AYES -
Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance No. 24-04 be read by title only and
same was set
for second reading by the preceding vote,9.4 ORDINANCE NO.
25-04 (FIRST READING) (A2500.0 ORD-25-04 Purchasing)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 - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche Moved that Ordinance No, 25-04 be read by title only
and same was
set for
CITY COUNCIL MINUTES November 9, 2004
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Attorney reported an item arose after the posting of the Agenda and needed to be acted
on at this meeting.
MOTION --- MurphySECOND -
Alvarez AYES - Ambriz,
Alvarez, Murphy, Coontz, Cavecche Moved to add
the following item to the closed session agenda, pursuant to Government Code Section 54954.2,
finding that the matter arose after the posting of the agenda and there was a need to take
immediate action Conference with legal
counsel pursuant to Government Code Section 54956,9 - Tam v.City of Orange, Orange
County Superior Court Case No. 786949,The City Council recessed
at 6:30 p,m. to a Closed Session for the following purposes:a. Public Employee Performance
Evaluation pursuant to Government Code Section 54957 Title: City Attorney 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,12. ADJOURNMENT - The City
Council adjourned at7:30 p.m, The next regular Council meeting is scheduled for November
23, 2004.tr4~A~;;t MAYOR MAR.
HY CITY CLERKPage
12