06-08-1999 Council Minutes
APPROVED BY THE CITY COUNCIL ON JUNE 22, 1999
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING June 8, 1999
The City Council of the City of Orange, California convened on June 8, 1999 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
Pastor Hensley, Covenant Life Christian Center
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Murphy
1.3 ROLL CALL
PRESENT -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT -None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Tape 68
Children's Art Co-Chairs, Carrie Hununel and Jacque Houston, recognized the four "Best
of Show" winners in the Gogh Van Orange Children's Artwork Competition held on May
1 st and 2nd in which 44 schools and 3500 students participated. Best of show winners
were: Chase Secrest, Crescent Intermediate School, Erin Cox, EI Rancho Middle School,
Rebecca Lujano, Orange High School, and Daniel Clark, St. Paul's Lutheran School.
Also recognized was Danielle Nicoli from Panorama School. Mark Kuli, Chair of the
Gogh Van Orange event, presented a plaque to the City Council.
Mayor Coontz recognized City employee and Reserve Navy Chief Leroy Striegel for
purchasing and donating a POW/MIA flag for the Memorial Day Ceremony at Fairhaven
Cemetery.
2.
PUBLIC COMMENTS
Tape 275
Carole Walters, (address on file), expressed concern that the light rail coming to the City
will have little or no impact on pollution and traffic, but will cost the taxpayer's money.
She provided Council with information on this issue from the grand jury. Referring to
questions related to statements made by Council in the newspaper, Ms. Walters said the
City Attorney should indicate "what is" and "what is not" a personal attack.
Mara Brandman, 7319 Equitation Way, Orange Park Acres, commented that she lives in a
blighted area, referring to the shopping center on the north side of Hewes Street and
Chapman Avenue. Council was challenged to find a way to do something about the
shopping center.
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CITY COUNCIL MINUTES
June 8,1999
2. PUBLIC COMMENTS (Continued)
Barbara DeNiro, (address on file), expressed concern with children's safety and traffic
congestion due to construction at the California Elementary School main parking lot on
Cambridge Street, and requested that the Police Department patrol the area this week
when traffic gets congested between 7:40 a.m. - 8:10 a.m. and 2:00 p.m. - 2:30 p.m.
3.
CONSENT CALENDAR
Tape 496
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of June 8, 1999 at Orange Civic Center, Main Library
at 101 N. Center Street, Police facility at 1107 North Batavia, the Eisenhower Park
Bulletin Board, and summarized on Time-Warner Communications, 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.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office ofthe City Clerk.
3.2 Request Council Confirmation of warrant registers dated May 20 and 27,1999.
ACTION:
Approved.
3.3 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
(REMOVED AND HEARD SEPARATELY)
3.4 Agreement between the City of Orange and the City of Villa Park for Cannon Street
Pavement Rehabilitation from 780' south of Taft Avenue to 1,750' north of Taft
Avenue to Loma Street. (A2100.0 AGR-3278)
SUMMARY: The agreement provides for the payment to Villa Park from the City of
Orange Maintenance funds the sum of $80,000 for the City of Orange obligations for the
rehabilitation of portions of Cannon Street within the City of Orange.
FISCAL IMPACT: Funds are budgeted and available in the following accounts: 262-
5021-483300-3112 $70,580.00 (Measure M - Arterial Street Maintenance), and 262-
5021-483300-3120 $211,670.00 (Measure M - Local Street Maintenance).
Councilman Slater commented that concerns have been expressed by Portafina
Development residents that when the two lanes are opened upon completion of the
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CITY COUNCIL MINUTES
June 8, 1999
3. CONSENT CALENDAR (Continued)
project, it may create a dangerous situation when making left turns. He asked the City
Manager and staff to monitor the situation closely. Before the two lanes are opened, the
residents of the Portafina tract be informed and given the opportunity for input.
MOTION - Slater
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve the agreement between the City of Orange and the City of Villa Park
and authorized the Mayor and City Clerk to execute on behalf of the City.
3.5 Cooperative Agreement with the County of Orange Waste Management
Department, IWMD to obtain street and public utility easements for Cannon Street.
(A2l00.0 AGR-3277)
SUMMARY: The cooperative agreement requires the County IWMD to provide street
and public utility easements needed for the widening of Cannon Street to the City at no
cost. In exchange, the City provides an easement to the County for the establishment and
access for monitoring purposes to gas probes at no cost to the County.
ACTION: Approve the Cooperative agreement with County Integrated Waste
Management Department, and authorize the Mayor and City Clerk to execute the
Cooperative Agreement and transmit to the County for approval. Upon approval of the
cooperative agreement by the County, authorize the Mayor and City Clerk to execute the
Easement Deed to the County for gas monitoring purposes.
FISCAL IMPACT: None.
3.6 Consultant Agreement with WilIdan Associates for providing construction
inspection services on an as needed basis for the Public Works Department.
(A2l00.0 AGR-3276)
SUMMARY: An agreement has been negotiated with Willdan Associates to provide
construction inspection services to the City of Orange on an as needed basis. Willdan
Associates will provide inspection services as requested by the City and be fully
reimbursed on an actual cost basis.
ACTION: Authorized Mayor and City Clerk to execute a Consultant Agreement with
Willdan Associates for construction inspection services for one year in an amount not to
exceed $100,000.00.
FISCAL IMPACT: No immediate impact. Costs will be reimbursed from the specific
budgeted construction project for which services are requested.
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CITY COUNCIL MINUTES
June 8,1999
3. CONSENT CALENDAR (Continued)
3.7 Consultant Agreement with Berryman and Henigar for providing construction
inspection services on an as needed basis for the Public Works Department.
(AZlOO.O AGR-3275)
SUMMARY: An agreement has been negotiated with Berryman and Henigar, to provide
construction inspection services to the City of Orange on an as needed basis. Berryman
and Henigar will provide inspection services as requested by the City and be fully
reimbursed on an actual cost basis.
ACTION: Approved a Consultant Agreement with Berryman and Henigar for
construction inspection services for one year, in an amount not to exceed $100,000.00
and authorized the Mayor and City Clerk to execute on behalf ofthe City.
FISCAL IMPACT: No immediate impact. Costs will be reimbursed from the specific
budgeted construction project for which services are requested.
3.8 Personnel Legal Services Agreement - Law Firm of Liebert, Cassidy & Frierson.
(AZlOO.O AGR-1176.M)
SUMMARY: The City is currently utilizing the services of the Law Firm of Liebert,
Cassidy & Frierson to represent the City in personnel/safety issues. The funds in the
purchase order have been exhausted and the City Attorney would recommend that a new
Agreement be entered into through June 30, 2000 in the sum not to exceed $100,000.
ACTION: Approved the Agreement with the Law Firm of Liebert, Cassidy & Frierson
and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: None. Funds exist in the Personnel Legal Services Account No.
100-0301-426100-9865.
3.9 Legal Services Agreement with the Law Firm of Beam, Brobeck & West. (AZ100.0
AGR-2904-A.l)
SUMMARY: The City is currently utilizing the services of the Law Firm of Beam,
Brobeck & West with regard to the Vista Royale issue. The funds in the purchase order
have been exhausted and the City Attorney recommends that an amendment to the
existing Agreement be entered into through June 30, 2000 in the sum not to exceed
$250,000.
ACTION: Approved the Amendment to Legal Services Agreement with the Law Firm of
Beam, Brobeck & West and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: None. Funds exist in the Legal Services Account No. 740-0301-
426100.
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June 8, 1999
3. CONSENT CALENDAR (Continued)
(REMOVED AND HEARD SEPARATELY)
3.10 Proposed Agreement with Union Bank of California for Merchant Card Services.
(A2l00.0 AGR-3274)
SUMMARY: The City would like to extend its banking relationship with Union Bank of
California to include Merchant Card Services. This will enable the City to accept credit
and debit cards for payment of specific city services.
FISCAL IMP ACT: The fiscal impact of instituting debit and credit card acceptance at
the City is estimated to be $5,575.55 for implementation and approximately $10,000 for
annual operation. The annual operating charges will vary depending on the actual
number of transactions and the dollar value of those transactions. Adequate funds are
budgeted in the City Treasurer's budget Account No. 100-0501-434400-0000 (Banking
Service Charges).
Councilman Alvarez asked if the utility bill could be used as a means of getting the
message out? Can the time table for implementation of the program be expedited?
The Finance Director responded the utility bill could be utilized in communicating the
message. In regards to fast tracking the program, if Council desires, the program could
be expedited once the cash balancing and associated procedures are established and the
cash handling training completed. The program will begin with the Finance and
Community Services Departments.
MOTION -Alvarez
SECOND -Murphy
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to authorize City staff to begin accepting debit and credit cards for specific City
services; award the Merchant Card Services Agreement to Union Bank of California; and
direct the City Treasurer to submit the Application for Merchant Card Services and
execute the Merchant Bank Card Agreement with Union Bank of California.
3.11 CLAIMS FOR DAMAGES (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. George Sanchez
b. Brian Cretner
c. Ali Bassiri
FISCAL IMP ACT: None.
ACTION: Denied claims for damages and referred to City Attorney and Adjuster.
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June 8,1999
3. CONSENT CALENDAR (Continued)
REAPPROPRIATION OF FUNDING
3.12 Reappropriation of funding for Intersection Widening of La Veta Avenue and
Glassell Street. (S4000.S.3.7)
Note: Councilman Slater abstained on this item due to a property interest at 222 E.
LaVetaAvenue.
SUMMARY: Funding from Fund 280, Transportation System Improvement - Area A
and Fund 284, Transportation System Improvement - Area B totaling $650,000, is
recommended for appropriation for the Intersection Widening of La Veta Avenue and
Glassell Street, replacing previously appropriated funds from Fund 271, Special Gas Tax
Construction.
ACTION: Appropriated $368,295 to Account No. 280-5011-483300-3017; $281,705 to
Account No. 284-5011-483300-3017; deleted budgeted appropriation of $650,000 in
Account No. 271-5011-483300-3017; and directed the Finance Director to return to
unappropriated balance.
FISCAL IMPACT: Sufficient funds are available to appropriate to the following
accounts: 280-5011-483300-3017 $368,295 (TSIA), and 284-5011-483300-3017
$281,705 (TSIP Area B).
3.13 Purchase and installation of outside entrance sign for EI Modena Branch Library.
(C2500.I)
SUMMARY: In 1998, the Orange Public Library applied for a discount for
telecommunication funding from the Federal Communication Commission of the
Universal Service Program for Schools and Libraries, commonly known as E-rate. By
April 1999, the Library had received a total of $8,438.93 from the FCC.
ACTION: Recommended City Council approve the transfer $8,438.93 in the E-rate
revenue account 100-0000-264950-0000-12011 to the Building Repair Account 100-
7028-424101 to fund the purchase and installation of the outside entrance sign at the E1
Modena Branch Library.
FISCAL IMPACT: After the fund transfer is executed, there will be sufficient funds to
purchase and install the entrance sign at the EI Modena Branch Library. 100-7028-
424101 (Building Repairs): $9,300.
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June 8,1999
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.14 RESOLUTION NO. 9121 (S4000.S.7)
A Resolution of the City Council of the City of Orange consenting to the designation of
certain portions of city street as a City of Villa Park Highway for the purpose of
constructing improvements.
Location: Cannon Street from 780' south of Taft Avenue to 1,750' north of Taft Avenue
to Loma Street.
ACTION: Approved.
3.15 RESOLUTION NO. 9122 (L1200.0 ASD-82-l)
A Resolution of the City Council of the City of Orange initiating proceedings and
ordering the preparation of a Certified Engineer's Report for certain Assessment District
Proceedings (82-1).
ACTION: Approved.
3.16 RESOLUTION NO. 9123 (L1200.0 ASD-82-l)
A Resolution of the City Council of the City of Orange giving preliminary approval to
the Certified Engineer's Report for Landscape Maintenance Assessment District 82-1
(Shadow Ridge) and declaring its intention to provide for an annual levy and collection of
assessments in that special maintenance district and setting a time and place for Public
Hearing to receive evidence on the foregoing matters.
ACTION: Approved.
3.17 RESOLUTION NO. 9124 (L1200.0 ASD-86-2)
A Resolution of the City Council of the City of Orange initiating proceedings and
ordering the preparation of a Certified Engineer's Report for certain Assessment District
Proceedings (86-2).
ACTION: Approved.
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CITY COUNCIL MINUTES
June 8, 1999
3. CONSENT CALENDAR (Continued)
3.18 RESOLUTION NO. 9125 (L1200.0 ASD-86-2)
A Resolution of the City Council of the City of Orange giving preliminary approval to
the Certified Engineer's Report for Landscape Maintenance Assessment District 86-2
(Santiago Hills) and declaring its intention to provide for an annual levy and collection of
assessments in that special maintenance district and setting a time and place for Public
Hearing to receive evidence on the foregoing matters.
ACTION: Approved.
3.19 RESOLUTION NO. 9126 (L1200.0 ASD-94-l)
A Resolution of the City Council of the City of Orange initiating proceedings and
ordering the preparation of a Certified Engineer's Report for certain Assessment District
Proceedings (94-1).
ACTION: Approved.
3.20 RESOLUTION NO. 9127 (L1200.0 ASD-94-l)
A Resolution of the City Council of the City of Orange giving preliminary approval to
the Certified Engineer's Report for Landscape Maintenance Assessment District 94-1
(Sycamore Crossing) and declaring its intention to provide for an annual levy and
collection of assessments in that special maintenance district and setting a time and place
for Public Hearing to receive evidence on the foregoing matters.
ACTION: Approved.
3.21 RESOLUTION NO. 9128 (C2500.M)
A Resolution of the City Council of the City of Orange expressing appreciation to Philip
R. Pierce of the Public Works Department and commending him for more than twenty-
eight years of loyal and dedicated service.
ACTION: Approved.
3.22 RESOLUTION NO. 9130 (C2500.M)
A Resolution of the City Council of the City of Orange expressing appreciation to Frank
F. Harlan II of the Public Works Department and commending him for over nineteen
years of loyal and dedicated service.
ACTION: Approved.
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June 8,1999
3. CONSENT CALENDAR (Continued)
3.23 RESOLUTION NO. 9132 (A2l00.0 AGR-3229)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 989-20; SP-3263; Roy Allan Slurry
Seal Inc.; City Facility Parking Maintenance Slurry Seal Various Parking Areas (1998-
99).
ACTION: Approved.
UNCOLLECTIBLE ACCOUNTS
3.24 A request to approve the write-off of uncollectible receivables. (C2500.J.l)
FISCAL IMPACT: None. Revenue estimates take into account projections for
uncollectible receivable when the annual budget is prepared.
Mayor pro tem Spurgeon questioned the $2,259.00 write-off for Mr. Perez Rojas who
took out a fire hydrant with his vehicle. Wouldn't he be easier to track with a license
plate number? Does this amount include the water that was lost? On the water bill write-
offs, isn't the Straight Shooter on Enterprise Street still in business?
The Finance Director responded that $329.00 of the bill was to reimburse the City for the
cost of water lost. Mr. Rojas was unlicensed; had no insurance; and the collection agency
was unable to contact him either by mail or phone. The prior owner of Straight Shooter
has left town. Evans Gunsmith now owns the business and cannot be held responsible for
the prior owner's water bill. An outside contract agency performs collection services for
the City. It was noted that only 2/l0th's of 1 % are uncollectible, which is phenomenal for
the amount of revenue collected in the various accounts.
ACTION: Authorized the cessation offormal collection efforts and approve the write-off
of accounts receivable as follows:
Utility Bills $31,796.41
General Receivables $ 7,464.29
MOTION
SECOND
AYES
-Murphy
- Alvarez
- Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Item Nos. 3.4 and 3.10 were removed and heard separately. Councilman Slater abstained
on Item No. 3.12. The remainder of the Consent Calendar was approved as
recommended.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES
June 8,1999
4.
REPORTS FROM MAYOR COONTZ
Tape 820
NON-AGENDA ITEM
Mayor Coontz commented on the Master Plan of Parks and the need for active sports parks. Will
the Master Plan of Parks also include improvements to existing parks to accommodate more
sports activities, as well as trying to attain more fields? The Director of Community and Library
Services responded the Master Plan of Parks will review the current parks and the possibility of
future acquisition. The City Manager clarified from Mayor Coontz that the desire is for the
Master Plan of Parks to include existing parks for change of use.
5.
REPORTS FROM COUNCILMEMBERS
Tape 930
NON-AGENDA ITEM
Councilman Alvarez asked the City Manager if the County of Orange has communicated to him
what their intentions are at this time for Theo Lacy jail? The City Manager responded that
newspaper articles indicate there has been an influx of cash to the County allowing them to move
ahead with their plans for the expansion of Theo Lacy jail. The City has an MOD and a Court
Settlement Agreement with Theo Lacy on the number of prisoners and particular classifications.
Council will be advised if anything is arises that goes beyond the scope of what has already been
agreed upon between the County and the City. Further, an inquiry will be made to the County
CEO's office and/or to Sheriff Corona to find out if there is anything else the City needs to be
concerned about.
Carole Walters, (address on file), commented Sheriff Corona is looking into enlarging the jail
site iI} Orange.
Mayor Coontz responded that Council has given their word to stand by the 15 years of
discussions and lawsuits to get the City where it is today. Some money could be available from
the bankruptcy and be used to enlarge Theo Lacy only as it has been approved. The City of
Orange does not expect anyone to attempt to enlarge the facility anymore than it is already
designated to be enlarged. The City Manager added the County can nearly double the number of
occupants at the facility now, without any further discussion on agreements from the City of
Orange, and it is fully anticipated they will do that. The County has only been held up by the
lack of funding.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
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CITY COUNCIL MINUTES
June 8,1999
7.
ADMINISTRATIVE REPORTS
Tape 1033
URGENT ITEM - RATIFICATION OF DECLARATION OF EMERGENCY (VISTA
ROYALE TRACT) (C2500.E.6)
The City Attorney reported the Ratification of the Existence of an Emergency was inadvertently
omitted from the Agenda, which needs to be done at every Council meeting according to State
law.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that the matter arose after the posting of the agenda and there is a need to take immediate
action.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to confirm that the Proclamation of a Local Emergency as issued by the City Manager
pursuant to Resolution No. 9131 is continued and that the order of the evacuation is ratified and
confirmed.
8. REPORTS FROM CITY MANAGER
8.1 Presentation of the Third Quarter 1998-99 Budget Report for the period July 1, 1998
through March 31, 1999. (C2500.E.4)
The City Manager presented the report.
MOTION - Murphy
SECOND - Alvarez
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to receive and file.
9.
LEGAL AFFAIRS
Tape 1086
9.1 ORDINANCE NO. 14-99 (A2500.0 Sexually Oriented Business)
An Ordinance of the City Council of the City of Orange amending a portion of Section 5.86.140
of the Orange Municipal Code of the City of Orange relating to Sexually Oriented/Adult
Businesses.
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CITY COUNCIL MINUTES
June 8,1999
9. LEGAL AFFAIRS (Continued)
MOTION - Slater
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 14-99 be read by title only and same was approved and adopted by
the preceding vote.
9.2 ORDINANCE NO. 15-99 (A2500.0 Fire Uniform Code)
An Ordinance of the City Council of the City of Orange amending Title 15 of the Orange
Municipal Code to adopt the 1998 California Fire Code and other amendments.
MOTION - Mayor Coontz
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 15-99 be read by title only and same was set for second reading by
the preceding vote.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 5:12 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing
litigation. Vista Royale HOA v. City of Orange, et al.; Orange County Superior Case No. 78 02
84
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City
Negotiator: Personnel Director Steven Pham; Employee Organizations: Professional, Technical
& Clerical
c. Public Employee appointment pursuant to Government Code Section 54957. Title: Police
Chief
d. Conference with real property negotiator regarding the sale of real property pursuant to
Government Code Section 54956.8:
Property: 15+ acre vacant parcel generally located southwest of the intersection of Prospect
Street and Walnut Avenue
Negotiating Parties: City of Orange and Beazer Homes Holdings Corp.
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CITY COUNCIL MINUTES
June 8, 1999
11. RECESS TO CLOSED SESSION (Continued)
Under Negotiation: Price and terms of payment.
e. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12. PUBLIC COMMENTS
Barbara DeNiro, (address on file), commented on the Master Plan of Parks, expressing the need
to consider quality of life and traffic impacts when the parks are in an existing neighborhood.
Mayor Coontz indicated these issues will be addressed. Ms. DeNiro asked if it is correct that
what was agreed for in the Settlement Agreement with Theo Lacy is what is being proposed for
the jail expansion, and nothing additional? Council concurred. Further, she referred to Item No.
3.24 on the agenda, indicating there is no mention of Fire Department uncollectible receivables,
which is done by a different outside accounting firm. The City Manager responded the collection
rate for the Fire Department is approximately 85%, which is exceptionally high. Ms. DeNiro
provided the City Clerk with written concerns relative to Code Enforcement issues.
Carole Walters, (address on file), commented the light rail will not help with pollution in the
City. The Theo Lacy jail expansion will impact the neighborhood. Concern was expressed for
children's safety, and she has heard nothing about today being Swimming Pool Safety Day.
Mayor Coontz indicated the City Manager can provide Ms. Walters with the requirements in the
agreement regarding visitation, transport of prisoners, etc. for the Theo Lacy jail, noting the issue
needs to be revisited some time in the near future.
13. PUBLIC HEARINGS
13.1 WEED ABATEMENT HEARING - SPRING (C2500.H.2)
Time set for a public hearing for the purpose of considering and hearing objections to the
proposed removal of weeds which constitute a public nuisance. Resolution No. 9119 adopted by
the City Council of the City of Orange on May 25, 1999 declares weeds a public nuisance and
initiates abatement proceedings. The properties which constitute a public nuisance and must be
abated by the removal of weeds are as revised:
2905 E. Walnut (vacant lot across)
SW corner of Hewes and Pearl
Along horse trail adjacent to Lazy Creek Homes
West of Vickie Ln. & So. Of Muir Dr. (vacant lot)
715 Mallard (vacant lot behind)
6226, 6228, 6230 & 6232 E. Wimbleton Ct.
(vacant lots)
Assessors Parcel No. 093-031-02
Assessors Parcel No. 093-114-31
Assessors Parcel No. 379-361-09
Assessors Parcel No. 379-471-25
Assessors Parcel No. 383-071-05
Assessors Parcel No. 393-421-14 - 17
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CITY COUNCIL MINUTES
June 8,1999
13. PUBLIC HEARINGS (Continued)
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Laura Thomas, 7211 Clydesdale, Orange Park Acres, Past President of the Orange Park Acres
Association, asked for clarification relative to the weeds located along the horse trail adjacent to
Lazy Creek Homes.
Cathy Dixon, Fire Safety Specialist, responded the subject lot is the horse trail that runs along the
homes off of Creekview and along the creek. Action Property Management is in charge of the
abatement for the property. There has been no response to the notification letters sent.
According to their records, Action Property Management was hired by the Orange Park Acres
Association.
Ms. Thomas suggested if weeds have gone unattended for a period of time, the Association
would be happy to address the issue so that it does not get out of hand.
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
Councilman Slater indicated he was approached by a fellow realtor whose property was listed on
the first list. The weeds have since been removed and the property is no longer on the revised
list.
In response to Ms. DeNiro's earlier inquiry about City property weed abatement, the Fire Safety
Specialist indicated City property is handled twice a year. The approximate 40 City owned lots
in the program were cleaned in April, 1999 and will be cleaned again in early August, 1999.
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to declare the subject properties a nuisance and approved abatement by a private
contractor.
13.2 ADOPTION OF UNIFORM CODES (A2500.0 Uniform Building Code)
Time set for a public hearing for the purpose of considering adoption of the following:
. 1997 Uniform Building Code
. 1997 Uniform Housing Code
. 1997 Uniform Mechanical Code
. 1997 Uniform Plumbing Code
. 1997 Uniform Code for the Abatement of Dangerous Buildings
. 1996 National Electrical Code
. 1997 Uniform Swimming Pool Code
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CITY COUNCIL MINUTES
June 8,1999
13. PUBLIC HEARINGS (Continued)
Mayor Coontz commented with the adoption of the new Uniform Codes, there is no longer the
need for permits for like-kind replacements, i.e. refrigerators, garbage disposals, dishwasher, etc.
Councilman Slater (as a follow-up to Ms. Walter's comment earlier), asked if the Swimming
Pool Code is strengthened from what was originally adopted? The Building Official explained
Council is being asked to adopt what the State has mandated. The only change in the Code is
that instead of a four foot high fence, the City requires a five foot high fence.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Carole Walters, (address on file), asked if all swimming pools must have fences? Do the gates to
the swimming pools have to be locked? Concern was expressed for children's safety.
In response to public concerns, the Building Official explained that approximately three years
ago, State legislation mandated that all new pool construction have barrier fencing. Prior to that
it was not a State requirement. Codes are not retroactive. The City is only allowed under State
law to modify the Code when there is a climate or topographic error that needs to be addressed.
The City has no jurisdiction over homeowner's insurance requirements.
Mayor Coontz noted the emphasis which is now being given to pool safety education and
instruction.
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
ORDINANCE NO. 13-99
An Ordinance of the City Council of the City of Orange amending Title 15 of the Orange
Municipal Code to adopt the 1997 Uniform Building Code, 1997 Uniform Housing Code, 1997
Uniform Mechanical Code, 1997 Uniform Plumbing Code, 1997 Uniform Code for the
Abatement of Dangerous Buildings, 1996 National Electrical Code, 1997 Uniform Swimming
Pool Code and other amendments and deletions.
MOTION - Murphy
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 13-99 be read by title only and same was approved and adopted by
the preceding vote.
14. PLANNING AND ENVIRONMENT - None
PAGE 15
CITY COUNCIL MINUTES
15. ADJOURNMENT
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
June 8,1999
The City Council adjourned at 7:25 p.m. to an Adjourned Joint Meeting, June 16, 1999 at 9:00
a.m. with the Serrano Water District for a tour of Barham Ranch and Irvine Lake. Council will
meet at the Serrano Water District Office located 18021 E. Lincoln, Villa Park.
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CASSANDRA J. HCART, CMC
CITY CLERK
1/
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JOANNE COONTZ
MAYOR
PAGE 16