03-24-1998 Council MinutesApPROVED BY THE CITY COUNCIL ON APRIL 14, 1998
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING March 24, 1998
The City Council of the City of Orange, California convened on March 24, 1998 at 4:30 p.m. in a
Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30P.M.
1. OPENING
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Spurgeon
1.2 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.3
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Councilman Murphy
announced the Concert Choir and Chamber Singers at Orange High School were
selected to represent California in the American Musical Salute celebrating the 150th
Anniversary of the Washington Monument next month in Washington, D. C. In order for
all members of the choir to attend, he asked, on behalf of the Choir Director,that anyone
interested make a donation to the Vocal Music Department, Orange High School, 525
N. Shaffer, Orange, 92867.Mayor Coontz
read a letter received from Bill Campbell, 715t District Assemblyman,complimenting the
City Police and Fire Departments for their quick response to an accident which
occurred on March 11, 1998 on Taft Avenue in the City of Orange.A Certificate
of Appreciation was presented to Martha Adamik, Orange Crossing Guard,for heroic
life saving actions.The City
Manager presented Employee Recognition Service Awards to Dennis Gomez,Chuck Glass,
and Yolanda Moreno. Walt Lee was unavailable to accept his award.C2500.J.
4.18)Resolution No.
8889 was presented to Ashok Basargekar, Public Works Department,commending him
for more than twenty years of loyal and dedicated service.Resolution No.
8890 was presented to Detective James R. Foster of the Police Department expressing
appreciation for 12 years of loyal and dedicated service.Detective Foster
was unable to attend the meeting).PAGE 1
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CITY COUNCIL MINUTES March 24, 1998
1.3 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS (Continued)
Mayor Coontz announced that on December 18, 1997 the most violent incident that has
ever occurred in the history of the City of Orange took place. When a disgruntled Cal
Trans employee opened fire on his fellow workers, the well-trained men and women
of the Orange Police Department put their lives on the line and responded to the call
with bravery and courage. It will never be known how many lives were saved by their
heroic
actions.Acting Chief of Police Richards recognized Police Department employees for
their performance during the incident and presented the following medals: (C2500.
K)Medal of Distinction - Dispatcher Mike Taylor
Medal of Courage - Officer Cathy Wells, Officer John Warde, Officer Mike King,Officer
Frank Kelley, Officer Tom Bevins, Officer Kelvin Van Gorder, Officer Joey Ramirez,
Master Police Officer Sean O'Toole, Sgt. Tim Ralph.Medal
of Valor - Officer Derek Cook RECESS The
City
Council recessed at 5:05 p.m. to the Weimer Room for a reception honoring medal recipients.
The City Council reconvened at 5:40 p.m.CONSENT CALENDAR
Tape 970 2.1
Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of
a regular meeting of March 24, 1998 at Orange Civic Center, Taft Branch Library at
740 E. Taft Avenue, 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 of the City Clerk.2.2
Request Council confirmation of warrant registers dated March 5, 1998 and March 12,1998.
ACTION: Approved.
PAGE 2
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CITY COUNCIL MINUTES March 24, 1998
2. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
2.3 Request approval of City Council Minutes, Regular Meeting, March 10, 1998 and
Adjourned Regular Meeting, March 17, 1998.
Mayor Coontz noted a request was received to remove the minutes of March 10, 1998.
MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
the Minutes of the Adjourned Regular Meeting of March 17, 1998 and continue the Minutes
of the Regular Meeting of March 10, 1998 to April 14, 1998.2.4 Consideration
towaive reading in full of all ordinances on the Agenda.ACTION: Approved.BIDS
2.5
Bid
No. 978-19 to Richard L. Walker Inc. (A2100.0 AGR-0259.D)SUMMARY:
Award Bid No. 978-19 and approve a contract in the amount of $60,000 for
sewer cleaning and pump station maintenance.
ACTION: Authorized the Mayor and City Clerk to execute on behalf ofthe City.
FISCAL IMPACT: Funds are budgeted and available in Account No. 220-
5022-427100-60,000.00 (Sewer and
Sanitation Services).2.6 Bid No. 978-29 to Marcus P. South and Associates (
A2100.0 AGR-3003)SUMMARY: Award of Bid No. 978-29 and approve a
contract in the amount of 273,400 for construction of ConcessionlPicnic
Shelter Building and
park improvements at Handy Park.Discussion: Oz Enderby, 6719 E. Oak Lane,
representing North Sunrise Little League,expressed appreciation to the City for the
recently installed electronic scoreboards and improvements made at Handy Park. The League and
its representatives look forward to the opportunity to express appreciation to Council and
staff for the positive environment provided
for the City's youth.ACTION: Authorized the Mayor and City Clerk to
execute on behalf ofthe City.FISCAL IMP ACT: Funds are
budgeted and available inAccount No. 510-7021-
481200-0017 - $
273,
CITY COUNCIL MINUTES March 24, 1998
2. CONSENT CALENDAR (Continued)
2.7 Bid No. 978-24, SP-3226, 1997-1998 ADA Wheelchair
Access Ramps, Various Locations. (
A2100.0 AGR-3002)SUMMARY: This project will provide for construction
of Wheelchair Access Ramps conforming to the requirements of Americans with Disabilities
Act at various locations.The City Council previously approved advertisement
on November 25, 1997.ACTION: Award of Bid No. 978-24 in the amount of$86,935.
20 to C. J. Construction,Inc., 14730 E. Firestone Blvd., Suite 302, La Mirada,
CA 90638 and authorized the Mayor and City Clerk to execute
on behalf of the City.FISCAL IMPACT: Funds are budgeted or are
available in the following accounts:310-
6057-483300-1328-16113 $59,310.
00 (CDBG Funding)310-6061-483300-
1328-16113 $62,910.00 (CDBG Funding)Total Funds Available $122,220.00 2.8 Bid
No. 978-25, Recoating of the Interior of Reservoir No. 1. (A2100.0 AGR-3001)SUMMARY:
Reservoir No.1 is a 5.0 million-gallon steel tank located at 2441 N.
Villa Real Drive. This
project involves the application of a new coating system on the interior surface of
the reservoir.ACTION: Accepted Bid No. 978-25 in the amount of $
285,000.00 from Robison-Prezioso, Inc., of 10114 Shoemaker Avenue, Santa
Fe Springs, CA 90670, and authorized the Mayor and City Clerk
to execute on behalf ofthe City.FISCAL IMPACT: Funds are
budgeted and available in Account No. 601-8041-484400-8302, Reservoir Recoating
in the amount of $350,
000.00.2.9 Bid No. 978-28, 1997-1998 Street
Maintenance Project, Main Street and Orangewood Avenue. (A2100.0 AGR-3000)SUMMARY: Orangewood
Avenue from Orange Freeway to Main Street and Main Street from Maple
Avenue to Railroad Tracks are included in the Arterial Street Maintenance Program. These arterials were
identified by the Street Division's Pavement Management System to be in
need of urgent street maintenance to extend
the service
lifeofthe
roadway.
The
maintenance
will
CITY COUNCIL MINUTES March 24, 1998
2. CONSENT CALENDAR (Continued)
ACTION: Accepted Bid No. 978-28 in the amount of$371,979.94 from
Calmex Engineering Inc., 190 E. Harrison Street, Bldg. A, Corona, CA 91719 and authorized
the Mayor and City Clerk to execute on behalf of the
City.FISCAL IMP ACT: Funds are budgeted and available in the following
accounts:272-5021-483300-4027 $
283,651 (Gas Tax)272-
5021-483300-4028 $231,000 (
Gas Tax)Total Funds Available $514,
651 2.10
CLAIMS FOR DAMAGES
FROM:a. Maria
Audelo b. Ector
Ramo c. Mary
McCarthy d. Kathleen Roa FISCAL IMPACT: None.ACTION: Denied claims for damages
and referred
to
City Attorney and Adjuster.
C3200.0)CONTRACTS REMOVED AND
HEARD SEPARATELY)2.11 RESOLUTION NO. 8894 A Resolution of the City Council of the
City of Orange relating to the classification,compensation, and terms
of employment of designated Executive Management, Staff Management, and Labor Confidential
employees, and repealing Resolution No. 8639 and amendments thereto; and, further, amending Exhibit "
A" and "B" of ResolutionNo. 8639
as described herein. (C2500.J.4.6)NOTE: Mayor pro tem Slater abstained on this item
due to a business relationship with a
management staff member within
the last year.
MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy,
Mayor Coontz,
Spurgeon, Alvarez
ABSTAIN- Slater
ACTION:
Approved.
PAGE
CITY COUNCIL MINUTES March 24, 1998
2. CONSENT CALENDAR (Continued)
2.12 RESOLUTION NO. 8895
A Resolution ofthe City Council of the City of Orange agreeing to a redistribution of
property taxes for Annexation No. CA97-32 (Greystone). (A3100.0
ANX-CA97-32)Location: Northwest corner of Lincoln
and Orange-
Olive Road ACTION: Approved.2.
13 RESOLUTION NO. 8896 A Resolution of the City Council of the City of Orange
upholding the recommendation of the Planning Commission of the City of Orange and
approving the General Plan Classification of property generally located on the south side
of Taft Avenue between State Route 55 and Morningside
Street. (C2300.E GPA-2-97)General Plan Amendment
No. 2-
97. Applicant: Hearthstone Development Corporation.
ACTION: Approved.2.14 RESOLUTION NO. 8897 A Resolution of the City Council of the
City of Orange upholding the recommendation of the Planning Commission of the City
of Orange and approving Conditional Use Permit 2191-97 relating to a planned
unit development of 41 single family detached residential units on 7.797 acres on property generally
located on the south side of Taft Avenue between State
Route 55 and Morningside Street. (C2300.E CUP-
2191-97)
Conditional Use Permit 2191-97.
Applicant: Hearthstone Development Corporation.ACTION: Approved.2.15 RESOLUTION NO. 8898 A Resolution of the
City Council of the City of Orange upholding the recommendation of the Planning
Commission of the City of Orange and approving the subdivision of property generally located on
the south side of Taft
Avenue between State Route 55 and Morningside
Street. (C2300.
E TRT-
15546)Tentative
Tract 15546. Applicant: Hearthstone Development Corporation.ACTION:
Approved.MOTION -
Murphy
SECOND -
SlaterAYES -Murphy, Slater,
CITY COUNCIL MINUTES March 24, 1998
2. CONSENT CALENDAR (Continued)
Item Nos. 2.3 and 2.11 were removed and heard separately. Mayor pro tem Slater
abstained on Item No. 2.11. The remainder of the Consent Calendar was approved as
recommended.
END OF CONSENT CALENDAR
3.REPORTS FROM MAYOR COONTZ Tape 1132
3.1 City accomplishments and goals for the future.
Mayor Coontz reported last week was the study session in preparation for next year's budget.What was different about the session was that it was entirely about the goals for the City for the
coming year. No dollar amounts, no fiscal bottom line, which will come later, but a work plan to
build success into next year's services to the community.
All cities today face challenges, but the City of Orange has shown the will, ability, and vision to
learn and become a better, stronger city in spite of adversity. The Orange County bankruptcyenlightenedtheCityandstrengthenedtheentirefinancialstructure. The recession caused the
City to work smarter and harder with a tighter budget and fewer employees.
The City concentrated heavily on retaining business and bringing new business to town. The
City Mills and Century Theaters realized the great potential and came along to boost the City's
financial prospects. Recently, Home Depot's entire western states operation moved in to the
West End, as did the UCI Learning Center. Chapman University is contributing over $50 million
to their dramatic growth in the City. New senior housing projects and upgrading of deteriorated
housing were hallmarks of the Council last year. Things are happening now that have been a
long time in coming, but which she and other Councilmembers have given a great deal of focus.
The City's planning and vision have begun to be realized with the new Katella retail and
entertainment corridor - with more activity to come. A shortage of funds and space created the opportunity
to share McPherson School with the Orange Unified School District and benefit the great
needs for youth recreation.At
last week's study session, the City Council was presented with next year's work plans for each
department, some of them new, many of them ongoing, but it was a demonstration ofthe direction
of the City Council and the teamwork and creativity ofthe City staff.The
City is in the planning stages for the services they would like set in motion for next fiscal year.
Some of the highlights are:Public
Works will develop a fully-automated traffic center with new "state of the art"
computerized traffic signals. This should take care of the glitches where signals are too long
or short for the volume of traffic.
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CITY COUNCIL MINUTES March 24, 1998
3. REPORTS FROM MAYOR COONTZ (Continued)
Community Services will provide a vision plan for a future new library on the Bank of
America site and develop the first master plan for recreation areas citywide.
Planning aesthetic improvements to enhance the West Chapman corridor, a major link
between the Mills project and the renaissance of the Plaza.
Mayor Coontz commented that although Council has differed publicly (and privately) over
policy and personnel issues over the last year, it was personally gratifying that the differences
were easily put aside as discussions began about the future of Orange.
COUNCIL COMMENTS:
Mayor pro tem Slater commented he would like to see the City concentrate on moving towards
the development of the new library, more open space, parks, and recreational facilities for the
youth. These areas have unfortunately been neglected in the past few years, due mainly to
budget constraints.
Councilman Spurgeon commented he would like to continue the high priority of public safety in
the City.
Councilman Murphy commented on the importance of continuing the emphasis on public safety,
and parks and recreation for the youth in the community. Further, there are 130 less staff
positions since he came on Council in 1993. He has noticed a high level of cooperation and
effort from staff to ensure the citizens of Orange receive the finest services in this vastly
changing environment.
Councilman Alvarez indicated he is very interested in seeing how the new Auditor position will
assist the Finance Director. He also looks forward to the Finance Department getting the new
computer system on-
line.Carole Walters, (address on file), referred to the bankruptcy and the ODS/ORRS
investigation.Concern was expressed that more money could be lost. Mayor Coontz responded the
bankruptcy issue has been addressed in the past and the recycling issue is being handled by the
District Attorney's
office.4. REPORTS FROM COUNCILMEMBERS - None
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CITY COUNCIL MINUTES March 24, 1998
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 1576
5.1 Appointment of Ardelle Courtney to the Santiago Library System Lay AdvisoryBoardtofillthevacancycreatedbyMr. Martini (term to expire February 28, 1999).
OR1800.0.3.21 )
Mayor Coontz explained the role of the Santiago Library System Lay Advisory Board is to focus
on the system services and products relating to the under-served patrons, i.e. senior
citizens,handicapped, and
disabled.MOTION -
Spurgeon SECOND -
Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve.
6.REPORTS FROM CITY MANAGER Tape 1609
The City Manager reported the County Board of Supervisors passed and approved the
Memorandum of Understanding (MOU) between the County and the City of Orange for the Theo
Lacy Agreement and Supervisor Bill Steiner thanks the City for its hard work and efforts.
7.ADMINISTRATIVE REPORTS Tape 1634
7.1 Selection of Firm to Conduct City-wide Management Audit. (A2100.0
AGR-2999)SUMMARY: A City-wide Management Audit is designed to provide
an independent assessment of how the City organization is working, and to recommend
appropriate changes in organizational
operations and practices.FISCAL IMPACT: The maximum fee for this proposed contract is $175,000. An appropriation from unappropriated General Fund reserves is requested for this contract inthe1997-98 Budget
in account number 100-0211-426700.The Assistant to the City Manager reported the
proposal from David M. Griffith & Associates DMG) was the most responsive and provided the
most extensive experience and variety in organizational wide management audits. The management
audit evaluates the organization as a whole and how it conducts its business citywide. The projectwilltake20weekstocomplete.DMG has provided audits for the cities of Huntington Beach,
Redwood City, Salt Lake City, and
the County of Orange Library Systems.Mayor Coontz indicated the first management audit of the Citywasperformedin1988. The City Manager added the City has been through manydynamic
changes since
the
last
management audit.
CITY COUNCIL MINUTES
March 24, 1998
7. ADMINISTRATIVE REPORTS (Continued)
Mayor pro tem Slater requested the contract review the timeline and events that took place when
the problem with the trash hauler was discovered and address the following questions: Was there
anything that could have been done differently? Was it a good thing in terms of time and
communication between staff? Concern was expressed that this was not included in the contract,
indicating he would like someone from the outside look at this issue. He referred to Page 37,
Task 1, of the RFP which suggests that, if appropriate, the auditors would interview each of the
Councilmembers to get their perspectives, indicating he would like that opportunity. The City
Manager assured Mayor pro tem Slater that a special focus would be given on the particular
internal sequence of events regarding the unfolding of the trash investigation.
Mayor Coontz asked if there would be another opportunity to review the recycling issue through
other contracts? The City Manager indicated this contract allows for flexibility. A different
direction or more focus could be given to some areas. The Council will be provided with a
timeline and what has been done to correct problems and the auditors will make
recommendations if more corrections are needed. It is felt the recycling issue will be addressed
with other issues in the Public Works area, giving recognition to the investigation, and provide
the information to Council.
The City Attorney commented he would like to check with the District Attorney's office to make
sure there would not be an implication with their investigation.
Mayor Coontz asked if there will be a final report or an intermediate report? The City Manager
responded there will be a final report. He is not sure how many intermediate reports will be
brought back to Council. When Council is interviewed by the auditors, issues may arise, and that
information will be provided to Council.
MOTION -Spurgeon
SECOND -Alvarez
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approved a consulting services contract with David M. Griffith & Associates to
conduct a City-wide Management Audit for an amount not to exceed $175,
000.MOTION -
Spurgeon SECOND -
Alvarez AYES -Murphy, Slater, Mayor Coontz, Spurgeon,
Alvarez Moved to appropriate, from unappropriated General Fund reserves, $175,000 to the 1997-
98 City Internal Audit Budget in Account
Number 100-
0211-
426700.
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CITY COUNCIL MINUTES March 24, 1998
7. ADMINISTRATIVE REPORTS (Continued)
7.2 Update on Library Renovation Project from the Director of Community & Library
Services (C2500.I)
The Director of Community/Library Services reported the project will include construction
improvements, additions for health, life and safety issues in the building, internal improvements
with a change to the floor plan, an Information Technology Center (ITC), expanded children
services, and a reconfiguration which gives the library a more friendly atmosphere and better
operational continuity.
The architect is revising construction documents which will be reviewed by the Building
Department next week. AirCon Energy is completing mechanical engineering plans for the
heating/air-conditioning system to coincide with the construction
project.Staff is working with a shelving consultant to size and develop bid specification for
new shelving. Also being developed is the scope of work for the moving contractor to move
the books, some shelving and related furniture and equipment to the Bank of America
building,which will be moved back to the Main
Library.A strict schedule for completion for the contractor and subcontractor will be attached to the
bid documents. This allows the City to assess damages in a sum to be determined and
appropriate for each day they are late. The project has been delayed by approximately eight weeks. The
new construction schedule is as
follows:1. Advertise for Bid: April
9 2. Open Bids: May
1 3. Award of Bid by City Council: May
12 4. Commence Construction: June
1 5. Complete Construction and Open Library: November
15 Mayor Coontz suggested Council's action be revisited to help visualize what was decided
and voted upon and asked the following: 1) What kind of program will be planned for the
grand opening? 2) How are the El Modena and Taft Libraries being utilized with the closure
ofthe Main
Library?The Director ofCommunity /Library Services responded the item could be brought back and
an explanation given of what it will look like from an aesthetic and visual point of view.
Staffis anxious and anticipates a grand opening. He explained both library sites have been
busy,generating a circulation of approximately 15,000 workable items, i.e. books, supplies,
CD ROM's,
etc.Mayor pro tem Slater asked who takes care of the weeds at the Bank of America building?
The Director ofCommunity /Library Services responded it is the City's responsibility and they
have hired a contractor to maintain the
site.PAGE
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CITY COUNCIL MINUTES March 24, 1998
7. ADMINISTRATIVE REPORTS (Continued)
MOTION -Mayor Coontz
SECOND -Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
to receive and file.7.
3 Treasurer's Report for the period ending February, 1998. (C2500.F)The
Finance Director presented the report.Carole
Walters, 534 N. Shaffer, commented the residents of Orange have a right to ask where their
money is.MOTION -
Spurgeon SECOND - Murphy
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to receive and
file.8. LEGAL AFFAIRS - None
9. RECESS TO THE MEETING
OF THE ORANGE REDEVELOPMENT AGENCY 10.ORAL PRESENTATIONS Tape 2500
Mara Brandman, 7319 Equitation Way,
asked why John Robertson was fired? What is happening with the investigation of
conflict of interest regarding City Manager Rudat? What is happening with the trash investigation?
What steps have been taken to make certain this malfeasance with taxpayers dollars will
not happen again? The taxpayers would like an explanation before the election.The
City Attorney responded a
very thorough criminal investigation is being handled by the District Attorney's office. It
is anticipated the completion date for the investigation will be the summer of 1998. At this
time, the public does not have a right to the information contained within the criminal investigation. The
City has been precluded from that information also. The District Attorney is committing three
to four individuals full-time, along with three individuals from the City of
Orange.Carole Walters, (address on
file), thanked City Manager Rudat, who was Acting Fire Chief at the time, for providing adequate
water pressure at a fire hydrant at a mobile home park which saved lives because of a
recent fire. Ms. Walters commented on a remark made by the Personnel Director to a police
officer the night Chief Robertson was fired, asking is this where the Police Department gets information?PAGE
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CITY COUNCIL MINUTES March 24, 1998
10. ORAL PRESENTATIONS (Continued)
Gary Meserve, Orange, said he was not giving his address under the Brown Act due to threats he
has received. The monies Ms. Walters referred to were stolen or embezzled, not lost. Comments
were made on the firing of Chief Robertson. He urged anyone in the City of Orange who has
information on the wrongdoing of ORRS or the City Council to report it to the Orange County
District Attorney.
Barbara DeNiro, (address on file), thanked staff for removing the weeds at Olive and Almond;
commented on the remark made that the City is doing better with 130 less employees; and that
the management audit should focus on the particular problem areas mentioned and hiring
practices. Ms. DeNiro asked if the Theo Lacy settlement money was used for the Mills Project
and for an accounting of the money? What happened to the citizen that was involved in the
police shooting incident on December 18, 1997 at Taft and Batavia?
Mayor Coontz responded the settlement money was not used for the Mills Project, indicating she
spoke about this issue at the last meeting and could provide Ms. DeNiro with a copy of the
minutes. The newspaper articles provided detailed information about the citizen that was
involved in the incident, who fortunately was not injured.
Norm Phillips, 348 Redwood, commented on the poor judgment used by City Manager Rudat
regarding monies missing from ODS/ORRS. A comment was made that one elected official has
been a member of the City Council through all three financial debacles the City has had in the
last ten years and that person has presided over the most costly money loss in the Orange County
bankruptcy. Council Members are charged with the fiduciary duty to protect city funds.
MA YOR COONTZ COMMENTED FOR THE RECORD: "I would like to correct something. What I
would like to correct to you is that I was the only member of the City Council sitting at the time,
who indicated that we need to take money out of the bankruptcy pool, or what ended up being a
bankruptcy, out of the pool. The only member - and that was April of that year. And apparently you
weren't around or maybe you didn't read the paper or hear about it. I have the information on
that. I'm not going to prolong this. I have not made an issue out of that. I became the Mayor three
days after the bankruptcy, and I alone went to most of the 55 meetings to try to resolve what
needed to be resolved."Richard
Carlson, 159 S. Cambridge, commented the bike lane on Cambridge is a County bike lane
established in 1971. The City has no right to move, alter, or eliminate it. He has made three attempts
to sell his house. Why does the City unlawfully accommodate Mr. Mead? He mentioned
his lawsuit against the City. Why hasn't City Manager Rudat been ousted like John Robertson
was when he was being investigated?PAGE
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CITY COUNCIL MINUTES March 24, 1998
11. RECESS
The City Council recessed at 8:00 p.m. after the conclusion of the 7:00 p.m. Session to a Closed
Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiator: Personnel Director Steven Pham; Employee Organization: Police
Association, Police Management, Orange City Firefighters, Fire Management
b. Conference with Legal Counsel - anticipated litigation. Significant exposure to litigation pursuant
to Government Code Section 54956.9(b) (one potential case). Orange Unified School District.
c.
Public employee performance evaluation pursuant to Government Code Section 54957:
City Manager.d.
Conference with Legal Counsel pursuant to Government Code Section 54956.9 existing
litigation: Vista Royale HOA v. City of Orange, et aI., Orange County Superior Case
No. 7801284.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.
1 INVOCATION Teri
Gammalo, Orange Art Association 12.
2 PLEDGE OF ALLEGIANCE TO THE FLAG Led
by Councilman Spurgeon 12.
3 ANNOUNCEMENTS - None 12.4
INTRODUCTIONS - None 12.5 PROCLAMATIONS -
None 12.6 PRESENTATIONS - None
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CITY COUNCIL MINUTES
13. PUBLIC HEARINGS
March 24, 1998
13.1 1998-99 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AND HOME INVESTMENT PARTNERSHIPS ACT PROGRAM: Tape
3383 Time set for a public hearing to consider the 1998-99 Community Development
Block Grant CDBG) and Home Investment Partnerships Act (HOME) Programs. The purpose of
the public hearing is to approve the 1998-99 CDBG and HOME Programs. The City
is proposing toallocate approximately $1,401,000 of 1998-99 CDBG funding and $164,
150 of carryover CDBG funding to a variety of community development activities. It is
also proposed that approximately 442,000 in HOME funding be allocated for
acquisition, development and rehabilitationactivities. (
C2500.G.l.3)The Director of Economic Development explained the requirements for the
use of CDBG funds and the role of the Community Development Block Grant
Committee. Members of the Community Development Block Grant Committee were recognized
in the audience and commended for their work. The Economic Development
Department supervises the program.In response to Mayor Coontz, it was explained that Council
adopted guidelines for the Committee in 1996 to insure that the same non-profit organizations
do not receive funds year after year and special care is given to handicapped and projects
of that nature. The funding requests and recommendations
for
1998-99 are as follows:1998-
99 COMMUNITY
DEVELOPMENT BLOCK
GRANT PROGRAM
COMMITTEE FUNDING
RECOMMENDATIONS CITY DEPARTMENTS
Administration Activities Economic
Development
Salaries and Benefits Maintenance and Operations Contingency
Fair Housing
Council of
Orange County (Fair Housing
Program)Community
Development Revised 1999 Housing
Element Administration Total Public
Facilities and Improvements Community and
Library Services
Senior Citizens Center Facility Improvements,Phase
2
Public
Works (
Listed
in
Priority Order)
r FUNDING
REQUEST FUNDING
RECOMMENDATION 120,
060 37,
899 6,
211 19,
800 120,
060 37,
899 6,
211 19,
800 20,
000 203,970 20,
000 203,
CITY COUNCIL MINUTES
13. PUBLIC HEARINGS (Continued)
ADA Improvements-Curb Ramps (
various
locations)Windgap Drive Street
Reconstruction Oak Street
Reconstruction WalnutA venue/Glassell Street Storm
Drain Construction, Phase
1 Glassell Street Storm Drain Construction, Phase
2 Public Facilities and Improvements
Total Public Service
Activities Community and Library
Services ProspectSchoo1/Killefer/El Camino
Park Community
Program
Police FootbeatlBike Officer /Graffiti Diversion
Program Public Service
Total CITY DEPARTMENT
TOTAL NON-
PROFIT AGENCIES Public Facilities and
Improvements Activities Episcopal
Service Alliance Beacon House Refurbishment (One application for
this and the Continuing
Care Position)Helping Our Mentally III
Experience Success,Inc. (H.O.M.
E.S.)Riley
House Renovation Hart Community
Homes, Inc.Give the Children Homes" (Group
home purchase.)Lestonnac Free
Medical Clinic Construction of a
Dental Station Olive Crest Homes and Services
for
Abused Children Wheeler
Home Refurbishment Orange Children and Parents
Together, Inc.Glassell Playhouse (Purchase/installation
of playhouse accessible to
non-ambulatory children.)Orangewood
Children's Foundation Transitional Housing
for Emancipated Youth Purchase of
transitional housing facility.)Public Facilities
and Improvements Total
Public Service Activities Assessment and
Treatment Services Center Youth Counseling Program (
Counseling for
at-risk OUSD students.)
Assistance
League of Orange
r March 24, 1998
190,000 190,000
54,700 54,700
203,000 203,000
313,500 313,500
196,800 196,800 1,108,
000 $1,108,000
35,000
35,000
141,000 176,
000 1,
487,970
131,650 166,
650 1,478,
620 8,000 0-
13,000 13,
000 50,000 0-
8,500 8,500
15,000 13,230
8,300 8,
300 100,000 0-
202,800 43,030
5,000
CITY COUNCIL MINUTES
13. PUBLIC HEARINGS (Continued)
Operation School Bell (Purchase of school
uniforms.)
Casita de San Jose
Group Home Therapy (Counseling for abused
children living in a group home.)
Christmas in April Serving Orange County
1998-99 Rebuilding Project (Home improvement
for disabled & elderly
homeowners.)Community Service Programs,
Inc.CSP /Drug Court Clinic Orange County (
Drug rehabilitation
program.)Council of Orange County, Society of St.
Vincent de
Paul Friends Outside Job Program (Job placement for
ex-offenders & at-
risk youth.)Dayle McIntosh Center for
the Disabled Emergency Shelter & Housing
Assistance Program Easter Seal Society of
Southern California Easter Seal Senior Day Care (Daycare
for
frail elderly.)Episcopal
Service Alliance Continuing Care Coordinator for Beacon
House, a transitional
homeless shelter One application for this and
Beacon
House Refurbishment)
Homework House Homework House Orange
Expansion Project Tutoring program for low income
OUSD youth.)
Interval House Interval House Crisis Shelters (Battered
women'
s shelter.)Mariposa Women'
s Center Mariposa Family Program (Individual
and
family counseling. )Orange Children and
Parents Together Glassell Project (Lease, insurance and
utility costs for Head
Start site.)Orange County Council
on Aging Long Term Care Ombudsman Service (
Advocate for residents of
nursing homes.)Second Harvest Food Bank (Formerly
the Food
Distribution Center.)Bin Purchase for
Salvage
Operation r March
24, 1998 7,200
4,000 10,000
4,000 25,000
3,000 9,000
5,000 12,
500 0-6,
000 0-10,
000 0-4,
000 0-8,960
3,000 15,000
4,000 12,000
3,500 36,
000 0-6,000
4,000 13,
000 0-
PAGE
CITY COUNCIL MINUTES
13. PUBLIC HEARINGS (Continued)
STOP-
GAP Theatre Based Programs for Seniors (
Theatre-based
therapy program.)Turning Point
for Families Outreach Coordinator (Counseling for
at-
risk OUSD youth.)
YMCA of Orange Portola Teen
Program (After school recreation/
service/academic program.)YWCA of
Central Orange County My Sister's Closet (Job preparation for
homeless or low income persons
re-entering the
workforce.)Public Service
Total NON-
PROFIT AGENCIES TOTAL GRAND TOTAL MAYOR
COONTZ OPENED THE
PUBLIC HEARING.March 24,
1998 4,750 3,
000 5,000 3,
500 6,000
3,000
9,600
0-205,010
407,810
1,895,
780 43,500
86,530 1,565,150 Rich Pfeiffer, Esq., 1603 E. Palmyra, Friends Outside, commented
this program was again not recommended for funding by the Committee
and asked Council to reconsider.The following individuals thanked Council and the
CDBG Committee
for approving their funding request:Rosanna Bertheola, 16842 Von Karman, Suite 425, Irvine,
CSP Drug Court Clinic Bernie Dennis, 2104 Villa Vista, Lestonnac
Free Medical Clinic Cy Baumann, 19357 Sierra Bello, Irvine, Christmas in April Serving
Orange County Suzanne Counts, 247 Rosalind Drive, Assistance League of
Orange Faith Manners, 1578 No. Batavia, Casita de San Jose
Dr. Grace Mucci, Clinical Director, Assessment and Treatment Service Center (ATSC)Ray
Wyman, 384 Grand Street, Homework House Barbara DeNiro, (
address on file), asked where in the report Friends Outside is listed?Addresses for the
organizations would be helpful. How often can each group receive funding?Is there a
monetary limit? The Freedom Thrift Shop on Tustin is a wonderful prison ministry.Mayor Coontz responded
Friends Outside is listed under Council of Orange County, Society of St. Vincent de
Paul. In some cases addresses cannot be listed.MAYOR COONTZ CLOSED
THE PUBLIC HEARING.PAGE 18 r
CITY COUNCIL MINUTES March 24, 1998
13. PUBLIC HEARINGS (Continued)
The Director of Economic Development explained the program does not have enough money to
meet all the funding requests that are received. Addresses for the non-profit organizations
could be provided, if appropriate, by contacting the Economic Development Department. There is
no set amount or limit on how many times an organization can apply for
funding.Mayor Coontz commented many of the non-profit organizations affect the children
in the community. The attempt is to cover all segments ofthe society
with funding.MOTION - Mayor
Coontz SECOND -
Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Approved the funding recommendations of the CDBG Program Committee for the City of
Orange 1998-99 CDBG Program detailed on Attachment
1.MOTION - Mayor Coontz
SECOND -Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Authorized
staff to request and receive $1,401,000 in 1998-99 CDBG funding from the United
States Department of Housing and Urban Development (RUD), and reallocated carryover from
prior years in the amount of$164,150 for a total Fiscal Year 1998-99 budget of$I,565,
150.MOTION - Mayor Coontz
SECOND -Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Authorized
the City Manager to execute the Grant Agreement on behalf of the City.MOTION -
Murphy SECOND -
Alvarez AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Authorized staff
to request and receive $442,000 in 1998-99 HOME Investment Partnerships Act HOME)
funding from the United States Department of Housing and Urban Development RUD)
for Fiscal Year 1998-99. (C2500.G.1.9)
MOTION -Murphy
SECOND -Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Authorized
the City Manager to execute the Grant Agreement on behalf of the City.14.
PLANNING AND ENVIRONMENT - None PAGE 19
r
CITY COUNCIL MINUTES March 24, 1998
15. ORAL PRESENTATIONS
Gary Meserve, (no address given), spoke regarding First Amendment rights.
Barbara DeNiro, (address on file), indicated she was requested to address a derogatory remark
that was aired on the cable channel after the Council had recessed.
Carole Walters, (address on file) commented the public should not feel intimidated or be
personally attacked by any City employee. Letters should be sent out to employees regarding
this. Lupe Hurtado, who spoke at a past Council meeting, was recently pulled over by Orange
police officers.
Mayor Coontz responded a Citizen's Complaint Form can be obtained at the Orange Police
Department which provides an opportunity for public complaints to be heard. The formal
complaint must be written out and given to the City Manager or Acting Police Chief.
The City Manager commented the Police Department is required to investigate complaints under
the law. The City staffwill also investigate filed written, legitimate complaints and follow
through on them. He reassured the public that retaliatory conduct is not acceptable by any City
employee.
The Acting Police Chief clarified that he met with Lupe Hurtado and explained the
circumstances of the incident which Ms. Walters addressed. Mr. Hurtado was identified and
released after an approximate 15 second detention. No guns were pulled.
Geneva Fulton, (address on file), expressed concern with the weeds and trucks parked on the
southwest corner of Culver and Main. The trucks are also damaging the streets.
16. ADJOURNMENT
MOTION - Mayor Coontz SECOND -
Murphy AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez The City
Council adjourned at 9:30 p.m. to Tuesday, April 7, 1998 at 5:00 p.m. in the Weimer Room for
a Joint Study Session with the Planning Commission to consider the Seven Year Capital Improvement
Program.14#~dffcdL.
iA-Z CASSANDRAATHCART, CMC CITY
CLERK ANNE
COONTZ MAYOR
I
L
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20