12-08-1998 Council MinutesAPPROVED BY THE CITY COUNCIL ON JANUARY 12, 1999
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING December 8, 1998
The City Council of the City of Orange, California convened on December 8, 1998 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 Bob Stempson, North Orange Christian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Alvarez
1.3 ROLL CALL
PRESENT -ABSENT -
Spurgeon, Murphy,
Mayor Coontz, Slater, Alvarez None 1.
4
PRESENTATIONS/ ANNOUNCEMENTS/ PROCLAMATIONS Mayor Coontz
announced that Mayor pro tem Spurgeon will be leaving the 4:30 p.m.session early
to represent the Council at a formal event honoring Supervisor Steiner and will return
for the 7:00 p.m. session.Mayor Coontz
acknowledged the Community Services Department for the success of the Christmas Holiday
Program in the Plaza on Sunday. The Tree Lighting Ceremony consisted of
an orchestra and 300 choir members. Holiday activities sponsored by the Downtown Merchants
Association were held on Saturday. The Director of Community/Library
Servicesreported approximately 3,500 - 4,000 people attended the Sunday event.Condolences
and support
was expressed to the family of a young man recently murdered in the EI
Modena area and to the faculty and students at EI Modena High School. The Interim Police Chief
reported on the homicide incident; the immediate response of the Police Department; recent
training that had been given at EI Modena High School on how to handle violence
in the schools; and counseling and follow-up to the incident by the Police Department.
The City
Manager reported on the assertive approach taken by the City employees to support the
1998 United Way Campaign. The Orange Senior Center and Children's Hospital of
Orange County (CHOC) will split the $2,226 raised from fundraising activities. United
Way pledges for 1998 from City employees totaled $27,177, a 39%increase over
last year. The increase was recognized by the United Way Campaign PAGE 1
CITY COUNCIL MINUTES December 8, 1998
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ PROCLAMATIONS (Continued)
sponsors and the City of Orange received the bronze award. All City employees involved
in the 1998 United Way Campaign were acknowledged. Cindy Mahon, Personnel
Department, and Irma Hernandez, City Manager's office, commented on the success of
the campaign. James Dahl, Manager of Corporate Relations for CHOC, accepted the
check on behalf of CHOC.
Employee Recognition Service Awards were presented by the City Manager to Jim
Anderson (police), Scott Staton (Police), Fred Mena (public Works), and Terry
Armstrong (Fire).
2.PUBLIC COMMENTS Tape 626
Carole Walters, (address on file), commented The Block should have to pay the City back
for City services provided for the New Year's Eve event, just as the Street Fair
Committee pays the City back for the Orange International Street Fair event. Referring to
gang activity, Ms. Walters commented all police officers should have guns powerful
enough to protect themselves and that 172 General Fund monies should be used.
The City Manager responded that in the past the Police Department has felt they were
well-armed. Recently the Police Department has been investigating the possible use
of other weapons. A report is being prepared for Council which should be ready in
early 1999. Mayor Coontz noted the City Council has always supported Police
Department requests for
equipment.Mara Brandman, (address on file), expressed gratitude to the Police Department. As
co-chairman of the newly formed citizens group, "We the People", Ms. Brandman
offered the group's services and asked that Council consider forming a citizen's committee
to explore the EI Toro airport
issue.Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, reported that this morning
the Board of Supervisors approved a contract for $28 million to Fenner Construction to
build a shell and the foundation of Building A at Theo Lacy jail. Mayor Coontz noted
the funding had been held up due to the
bankruptcy.3.CONSENT CALENDAR Tape
821 3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City
Council agenda of a regular meeting of December 8, 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.
CITY COUNCIL MINUTES December 8, 1998
3. CONSENT CALENDAR (Continued)
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office of the City Clerk.
3.2 Request Council Confirmation of warrant registers dated November 19 and 25,
1998.
ACTION:Approved.
REMOVED AND HEARD SEPARATELY)
3.3 Request approval of City Council Minutes, Regular Meeting, November 24, 1998
and Adjourned Regular Meeting, December 1,1998.
Mayor Coontz indicated she has questions about the November 24, 1998 minutes and
asked that they be continued.
MOTION - Murphy SECOND -
Mayor Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to continue
the November 24, 1998 minutes to January 12, 1999. Approved the December 1, 1998
minutes.3.4 Consideration
to waive reading in full of all ordinances on the Agenda.ACTION:Approved.AGREEMENTS
3.5
Agreement
between the City of Orange and Irvine Ranch Water District (IRWD)providing for Orange
to be the ultimate water purveyor for existing Carpenter Irrigation District (CID)
customers. (A2100.0 AGR-3176)SUMMARY: The
decision by the Board of Directors ofCID to dissolve CID resulted in interim arrangements
with IRWD for an agricultural water supply to continue to be available to
all properties currently served by CID. IRWD will furnish agricultural water for a
prescribed period of time, after which Orange will furnish all water to these properties.ACTION:
Approved
agreement and authorized the Mayor and City Clerk to execute on behalf of
the City.FISCAL IMP
ACT: The agreement provides for payment to Orange from CID funds received by
IRWD in the sum of $65,584.02 for Orange's future increased service obligations when
agricultural water services to various existing CID customers have ceased.PAGE
3
CITY COUNCIL MINUTES December 8, 1998
3. CONSENT CALENDAR (Continued)
3.6 A proposal to amend the 457 Group Deferred Compensation Plan Document with
Great West Life and Annuity Insurance Company. (A2100.0 AGR-3009.
1)SUMMARY: The current Part Time Employee 457 Deferred Compensation
Plan requires an amendment in order to comply to statutory revisions made to the
Internal Revenue Code Section
457.A Resolution of the City Council of the City of Orange amending the Part
Time Employees 457 Deferred Compensation
Plan.ACTION: Approved adoption of Resolution No. 9048 and authorized the Mayor
and City Manager to sign the Adoption Agreement for the amended 457 Group
Deferred Compensation Plan Document with Great West Life and Annuity Insurance
Company.FISCAL IMPACT:
None.
APPROPRIATIONS 3.7 Transfer of appropriations - Local Law Enforcement Block Grant FY'96.
C2500.K)
SUMMARY: At the July 28, 1998 City Council meeting, Council approved expenditures
of the FY 96 Local Law Enforcement Block Grant (LLEBG). Under this program for FY
96, the City of Orange was awarded $123,180, which was used to fund a replacement
Closed Circuit Television System and to purchase required computer system equipment
to enhance the Department's criminal investigation process.
ACTION: Approved the transfer of appropriation for $23,000 from Capital Project
Account No. 353-4011-485100-2234 (Federal Police Grants - CAL
ill Automated Fingerprinting) to Capital Project Account No. 353-
4011-485100-2233 (Federal Police Grants -
Closed Circuit TV
Replacement).FISCAL IMPACT: None.3.8 To correct appropriation for 800 MHz
Communication System capital
purchases.A2100.0 AGR-2615)SUMMARY: When the budget for the
800 MHz communication equipment was prepared, the appropriation for the capital
expenditures was incorrectly budgeted between departments. Council action is being
requested to
CITY COUNCIL MINUTES December 8, 1998
3. CONSENT CALENDAR (Continued)
ACTION: Reduced funding in the following accounts: 575-5011-471301 (
800 MHz Public Works equipment)- $136,402 and 575-5011-436101 (800
MHz Public Works payment to other agencies) $23,355 and increase funding in the
following accounts: 575-4001-471301 (800 MHz Police equipment) $103,
298, 600-5001-471301 (Water Public Works equipment) $40,134 and 575-
4001-436101 (800
MHz Police payment to other agencies) $16,305.FISCAL IMP ACT: Bond proceeds have been
received and are on hand
in
the appropriate funds to cover these expenditures.BIDS 3.9 Award of Bid No. 989-
13 for Four Broom Street Sweepers. (A2100.0 AGR-3174)SUMMARY: Four
Broom Street Sweepers have been scheduled for replacement
to the City fleet in the approved 1998-99 vehicle budget.ACTION: Awarded
Bid No. 989-13 to Haaker Equipment Company for 4 Broom Street Sweepers for use
by the Public Works Department in the amount of $518,225.80;authorized the Mayor and
City Clerk to execute the agreement on behalf of the City; and
authorized the City Manager to surplus the replaced sweepers at an auction.FISCAL IMP ACT:
The amount budgeted for the Broom Street Sweepers is $520,
000 and is available in the Motor Vehicle Replacement Account No. 720-5023-472102.3.
10 Bid No. 989-11, Award of Contract to American Construction and Supply,
Inc. for Cathodic Protection Systems for Reservoir Nos. 1, 1A and 2. (A2100.0 AGR-3173)
SUMMARY: Reservoir Nos. 1 and lA are 5 and 3 million gallon steel tanks located at 2441
Villa Real Drive. Reservoir No.2 is a 5 million gallon steel tank located
at 2821 Villa Real
Drive. This work will provide for the installation of equipment to prevent corrosion on
these tanks.ACTION: Awarded a contract in the amount of $33,404 to American Construction and
Supply, Inc.
and authorized the Mayor and City Clerk to execute
the contract on behalf of
the City.
CITY COUNCIL MINUTES December 8, 1998
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEP ARATEL Y)
3.11 Project No. SP-3259; ADA Wheelchair Access Ramp Improvements at
Various Locations, Fiscal Year 1998-1999. (S4000.
S.32)SUMMARY: Plans and specifications have been completed for the construction
of ADA Wheelchair Access Ramps at various locations for Fiscal Year 1998-1999,
and the project is ready to be advertised for bids. The estimated construction cost is $
181,000.00.FISCAL IMP ACT: Funds will be appropriated to the following account at
the time of award. Account No. 310-9645-483300-
1328 (CDBG) - $188,000.00.Councilman Alvarez referred to Location Map 65W
attached to the agenda item,indicating neighbors in this area are concerned with potential
graffiti on the newly poured concrete access ramps. The neighbors provided him with a list
of graffiti in the area which he will make available to Council tomorrow. In the
past, has the City done anything to prevent graffiti? Can special attention
be given to this neighborhood?The Director of Public Works responded the City
requires the contractor make provisions to assure the curing concrete is not defaced. The
contractor is responsible for removing any markings in the concrete, either by grinding
or
demolishing and re-
pouring the concrete.
MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to approve plans and specifications and authorize advertising
bids for ADA Wheelchair Access Ramp Improvements at various locations for
Fiscal Year 1998-1999.3.12 Award of Bid No. 989-10
miscellaneous vehicles. (A2100.0 AGR-3172)SUMMARY: Ten Y2 Ton full Size Pick Up Trucks,
Ten Black and White Police Sedans,Seven Solid Color Police Sedans, Three 2 Wheel
Drive Utility Vehicles, Two 4 Wheel Drive Utility Vehicles and One Window Style
Cargo
Van have been scheduled for replacement.ACTION: (1) Awarded Bid No. 989-10 to Villa Ford for
10 Full Size Pick Up Trucks for use by Public Works, Community
Development and Community Services, 10 Black and White Police Sedans, 7 Solid Color Police
Sedans, 3 Two Wheel Drive Utility Vehicles and 2 Four Wheel Drive Utility
Vehicles for use by Public Works, Community Development and Fire and 1 Window Style
Cargo Van for use by Police totaling 726,331.36; authorize the Mayor and City Clerk to
execute the contract on behalf of the City; and authorized the City Manager to
surplus the replaced vehicles at an auction.FISCAL IMPACT: The amount budgeted for the vehicles
is $782,546.00 and is available in
the Motor
CITY COUNCIL MINUTES December 8, 1998
3. CONSENT CALENDAR (Continued)
3.13 Disposal of Fourteen Surplus Vehicles from the City Fleet. (C2500.J.3)
SUMMARY: The Purchasing Officer and Fleet Supervisor have identified fourteen
vehicles which have been replaced with equipment approved in the 1998-99
vehicle budget and are ready for surplus vehicle
auction.ACTION: Approved disposal through auction of the following vehicles which have
been replaced with equipment approved in the 1998-99 vehicle budget: Unit #350,
1977 Case Tractor; Unit #367, 1977 International Tractor; Unit #387, 1978 Ford Dump
Truck; Unit 561, 1982 Case Backhoe; Unit #562, 1982 Case Backhoe; Unit #690,
1987 Case Backhoe; Unit #787, 1989 Case Backhoe; Unit #790, 1988 Taylor Dunn
Burden Carrier;Unit #810, 1988 Ford Police Van; Unit #1009, 1992 Ford Police Car; Unit #
1068, 1991 Ford Police Car; Unit #1083, 1995 Ford Police Car; Unit #1084, 1995 Ford
Police Car;Unit 1086, 1995 Ford Police Car; and authorized the Mayor and City Clerk to
execute the contract on behalf of
the City.FISCAL IMPACT: An estimated residual amount of $90,000 will be deposited
in the Motor Vehicle Replacement
Account #720-5023-472102.3.14 Bid No. 989-08; Project D-131; Award of Contract
to B. R. Day Construction, Inc.for Stewart Drive
Storm Drain Improvements. (A2100.0 AGR-3171)SUMMARY: The Stewart
Drive Storm Drain Improvements will minimize localized flooding on Stewart Drive from Main Street to
Bush Street. This project is a cooperative agreement between the City of
Orange and the Providence Association
representing the Doctors ofCHOC & St. Joseph Hospital.ACTION: Authorized transfer of $30,000.00
from Fund 530 to account number 530-5011-483400-
5387 for Stewart Drive Storm Drain Improvements construction cost,engineering contract
administration cost, and contingencies; awarded a contract in the amount of $73,220.00 to B. R.
Day Construction, Inc.; and authorized the Mayor and the City Clerk
to execute the contract on behalf of the City.FISCAL IMPACT:
Funds are budgeted and available in Account No. 530-5011-483400-5387 - $
30,000.00 (Drainage District Fund-Transfer from Miscellaneous
Storm Drain Reconstruction to Stewart Drive Storm Drain Improvements) 550-5011-483400-5387 -60,000.00.
On October 29, 1998, the City received the $60,000.00 deposit
from
Providence Association
CITY COUNCIL MINUTES December 8, 1998
3. CONSENT CALENDAR (Continued)
CLAIMS
3.15 CLAIMS FOR DAMAGES (C3200.0)
a. Charles Baker
b. Dawne Christensen
c. Jon Young
ACTION: Denied claims for damages and referred to City Attorney and Adjuster.
RESOLUTIONS
REMOVED AND HEARD SEPARATELY)
3.16 RESOLUTION NO. 9049 (C2500.M.16.1 LLN-
98-11)The Director of Public Works reported the lot line adjustment would remove a
lot line and consolidate two parcels into one. The request satisfies all the local
zoning and building requirements. The issue is that the lot line would run through a
possible future building site. To build over the line would be a violation of the City
ordinance or building code. The lot line adjustment does not grant any entitlements to
build, but allows the opportunity to remove the lot line, which would become effective
when the deed is filed for recordation describing the
new parcels.Councilman Alvarez asked the City Attorney if it is prudent for Council to
approve the lot line adjustment since the project is being challenged legally by residents
of Orange Park Acres? The City Attorney responded a continuance would hinder rather
than help the City's
litigation position.Discussion: Carole Walters, (address on file), asked if the City always jumps
the gun?The City should wait until the lawsuit is cleared in court before more action
is taken.Mara Brandman, (address on file), speaking on behalf of COP AC, the entity
engaged in the City's lawsuit, commented approving the lot line adjustment is
premature and inappropriate. Concern was expressed that Resolution 9049 lists Santiago
Canyon Road with a numbered address. Is it the City's intention to grant Salem Lutheran an
address on Santiago Canyon Road where they have no entrance, exit, and no post office box?
It was requested that this item be put off until after the legal issue
is satisfied.The Director of Public Works explained the Resolution does not represent
an assignment of an address specifically but only identifies the parcel. A property only needs
to have frontage or access to the street to have an address on a street. No requests
have been received for any change of address or additional addressing of
the property.Laura Thomas, 7211 E. Clydesdale, Orange Park Acres, submitted a letter to
Council to be made part of the public record. On behalf of Orange Park Acres Association,
it was requested the Resolution be denied for the following reasons: 1)
Current pending
CITY COUNCIL MINUTES December 8, 1998
3. CONSENT CALENDAR (Continued)
litigation regarding the City Council approving Salem Lutheran Church School
expansion. 2) Salem Lutheran Church does not have street access from Santiago Canyon
Road. 3) Staff was directed to communicate to the Orange Park Acres Planning
Committee for review of such items. 4) Orange Park Acres Planning Committee and the
Orange Park Association are to be notified of such items when under either County or
City of Orange jurisdiction. 5) Neither Orange Park Acres Planning Committee or the
Orange Park Acres Association were notified previously. Further, Ms. Thomas
commented that 6500 E. Santiago Canyon Road is the perceived address for the Salem
Lutheran property and has been used on stationery. She asked if she could change her
address to a Santiago Canyon Road address?
The Director of Public Works responded as long as the parcel has frontage on the street, it
could be assigned an address on that street.
Councilman Slater explained the difference between Council considering Ridgeline was
that there was no project yet to be considered when the lot line was presented. The Salem
Lutheran project has already been approved.
Councilman Alvarez asked what the City's policy is on having an issue go to the Orange
Park Acres Planning Committee or to the Orange Park Acres Association? Councilman
Murphy said that he had suggested that prior to any project coming for Council approval,
the issue be directed through the representative committees for review and comment.
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 98-11 adjusting lot lines of certain real property situated at 6411 E. Frank Lane
and 6500 E. Santiago Canyon Road in the City of Orange, County of Orange, State
of
California.OWNERS: Salem Lutheran Church of
Orange MOTION - Murphy
SECOND - Mayor Coontz AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
approve.3.17
RESOLUTION NO. 9050 (R3500.0)A Resolution
of the City Council of the City of Orange approving the Annual Report of the Orange
Redevelopment Agency for Fiscal Year 1997-98.ACTION:
Approved.PAGE
9
CITY COUNCIL MINUTES December 8, 1998
3. CONSENT CALENDAR (Continued)
3.18 RESOLUTION NO. 9052 (OC1300.0.1)
A Resolution of the City Council of the City of Orange expressing appreciation to the
honorable William G. Steiner and commending him for his years of dedicated service to
the City of Orange.
ACTION: Approved.
MOTION
SECOND
AYES
Murphy Mayor
Coontz Spurgeon, Murphy,
Mayor Coontz, Slater, Alvarez Item Nos. 3.
3 (Minutes ofNovember 24, 1998), 3.11 and 3.16 were removed and heard separately. Item No.
3.3 was continuedto January 12, 1999. The remainder of the Consent Calendar was
approved as recommended.END OF CONSENT
CALENDAR 4. REPORTS FROM
MAYOR COONTZ - None 5.REPORTS FROM COUNCILMEMBERS
Tape 1442 5.1 Councilman Alvarez -
Consideration of the City Council to look at the business license retroactive payments that are
being asked of the Orange County Children's Care Association (continued from 11/10/
98).Councilman Alvarez requestedthis item
be continued to January 12, 1999.MOTION - Alvarez SECOND - Murphy AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez
Moved to continue to January 12, 1999.NON-
AGENDA ITEM Councilmembers concurred with Councilman Slater'
s suggestion
to broadcast on cable the video tape from the December 2, 1998 Plaza
Preservation Project Study Session. Councilman Murphy requested the City Manager apprise Council at
a future meeting of the costs involved in having the Planning Commission meetings broadcast on cable.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS -
None PAGE 10
CITY COUNCIL MINUTES December 8, 1998
7.ADMINISTRATIVE REPORTS Tape 1566
7.1 Report from the City's consultant, Austin-Foust & Associates, regarding
the Handy St./Collins Ave. Neighborhood Preservation Study." (S4000.S.
3)SUMMARY: The consultant report contains recommendations from the HandySt./Collins
Ave.Neighborhood Preservation Committee pertaining to the six areas of concern to
neighborhood residents. The City Traffic Commission has reviewed the consultant report and concurs
with these findings and recommendations with minor modifications outlined in the staff
report.FISCAL IMP ACT: Funds for these improvements are available in TSIP Area C Funds in
theCollins/Handy Traffic Signal Project Account No.
285-5032-483100-6095.Mayor Coontz expressed concern with safety, i.e. car doors opening,
etc., on
the proposed bicycle route.Joe Foust, Austin Foust & Associates, 2020 N. Tustin, Santa Ana,
explained an additional safety shoulder area is being provided for bicyclists. Eight feet of roadway space
is being divided into shoulders on the north and south sides of the street. Bicyclists will be three
feet better off
than they are today.NOTE: Mayor pro tem Spurgeon left the meeting at
5:25 p.m.
MOTION - Mayor Coontz
SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz,
Alvarez ABSENT - Spurgeon
Approved the City Traffic Commission recommendation to approve the restriping of Collins
Ave. as proposed by the report with the exception of striped bike lanes on Collins Ave and delete
the traffic signal at Handy St. and Collins Ave. from the City's list of Capital Improvement
projects.
7.2 Appeal by James Bradshaw of the City Traffic Commission's decision opposing the
implementation of "NO PARKING 3-6 AM" restrictions on both sides of the 1200 block of
N.Parker St. (S4000.S.3.1.
1)SUMMARY: The installation of the proposed parking restrictions would help improve
the parking problem of the street. The hours of restriction also coincide with street
sweeping operations which will aid in keeping the curb and gutter areas clean. This decision was
initially appealed to the City Council on July 14,
1998.FISCAL IMPACT: Funding for this type of work is provided in the department's
operating budget utilizing Gas Tax Exchange Funds in the Contractual Services Account No.
273-
5032-447100.
PAGE11
CITY COUNCIL MINUTES December 8, 1998
7. ADMINISTRATIVE REPORTS (Continued)
Speaking in support of the parking restriction:
Gene Borowski, 1245 N. Parker Street
John Spinks, 1214 N. Parker Street
MOTION - Murphy SECOND -
Slater AYES -Murphy,
Slater, Mayor Coontz, Alvarez ABSENT - Spurgeon
Moved to deny
the appeal of the City Traffic Commission's decision and approve the request for the implementation of "
NO PARKING 3-6 AM" restrictions on both sides of the 1200 block of N.Parker St.
7.3
Phase I of a two-phase computer technology replacement and upgrade for the Police Department. (
A2100.0 AGR-3170)
SUMMARY: The Orange Police Department's current technology has fallen into obsolescence
and has become increasingly unreliable. The current CAD/RMS software cannot be supported
with upgrades or maintenance, is not Y2K compliant and is incompatible with NIC2000 a
specialized law enforcement software program. The laptop computers used in the field by the
officers to transmit data are failing and are beyond their life expectancy. The Police Department
has prepared a two-phase technology upgrade plan in order to resolve this deficiency. Phase
I funding for $538,088 is being requested in this report. It is anticipated that Phase II funding
for 900,000 will be presented to the City Council in February
1999.FISCAL IMP ACT: Sufficient funds are available to appropriate to the Police Grant Fund
and the Asset Seizure Fund as requested. Total expenditures for Phase I is $787,688 and Phase
II expenditures are $900,000. Staffwill be returning in February 1999 for Phase II funding
request.NOTE: Councilman Murphy commented he will not be participating on this item due to
a potential conflict of interest with his employment and stepped down from the
dais.The Interim Police Chief reported the current system only provides for very basic functions
and is unreliable. The current laptops are old and can no longer be repaired. The City's 800
MHz data communications system is obsolete and cannot be upgraded to support technology.
The present system is not Y2K
compliant.Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, expressed
support.MOTION - Mayor Coontz
SECOND - Slater AYES -
Slater, Mayor Coontz, Alvarez ABSENT - Murphy,
Spurgeon PAGE 12
CITY COUNCIL MINUTES December 8, 1998
7. ADMINISTRATIVE REPORTS (Continued)
Moved to: 1) approve the recommendation of the Local Law Enforcement Block Grant
LLEBG) Citizen's Advisory Committee for the use of 1997 and 1998 LLEBG funds (per federal
regulations); 2) authorize the Mayor and City Clerk to sign a five-year contract for $312,000
with the City of Brea for utilization of their 800 MHz data communications system; 3)
appropriate 156,912 to Account 353-4011-481301-2235 (Police Grant Fund, Police
Technology - Phase I);4) appropriate $31,176 to Account 355-4011-
481301-2235 (Asset Seizure Fund, Police Technology - Phase I); 5) transfer
appropriation from 353-1601-481303-9640 (Police Grant Fund, DP Upgrade Project) $
125,000 to Account 353-4011-381301-2235 (Police Grant Fund,Police
Technology - Phase I); and 6) transfer appropriation from Accounts 355-4011-485100-2234 (
Asset Seizure Fund, CAL ill) $100,000 and 355-4011-481302-
2231 (Asset Seizure Fund,
Police Computer
Upgrades) $125,000 to Account 355-4011-481301-2235 (Asset Seizure, Police Technology - Phase 1.NON-AGENDA
ITEM Councilman Slater asked the City Manager for the status on a response to Carole
Walters on the recycling bin issue. The City Manager
responded he spoke with Ms. Walters and anticipates
the issue will be brought
to Council in January, 1999.NOTE: Councilman Murphy returned to the Council dais.8. REPORTS
FROM CITY MANAGER 8.1 Report on finalized details concerning enforcement and staffing levels for the City's
participation in the New Year's Eve event
to be held at The Block at Orange, December 31,1998. (Continued from 11/24/98). (C2300.E)Mayor
Coontz noted that public safety is the reason she voted in favor of the event. As there
are five entrances to The Block, this event will provide good experience for the future and let
The Block and the City know what may be needed relative to safety issues. The City Manager noted the location
has been moved from the front of what would be the center of the AMC
theaters to a vacant building spot near Dave and Buster's, which provides easier ingress
and egress for emergency traffic and provides an ability for a better monitoring of the general public gathering areas
in the mall. The City will be responsible for putting up and taking down the banner
in the
Plaza. The Block will provide a Certificate of Insurance naming the City of
Orange as an additional insured.Councilman Alvarez asked why a Haz Mat Specialist,
Street Sweeper Operator, and Skilled Maintenance Worker are needed? The Assistant to the City Manager
responded the breakdown of City costs are the classifications of individuals who have volunteered to work
that evening.The Haz Mat Specialist would handle the fire code, occupancy, exiting,
etc. Staff
CITY COUNCIL MINUTES December 8, 1998
8. REPORTS FROM CITY MANAGER (Continued)
MOTION - Murphy SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Alvarez ABSENT - Spurgeon Moved
to receive and
file.COUNCILMAN SLATER - MINUTE ORDER: "
I think that it is good to be proactive and hopefully this will be an
extremely successful event. Obviously the City needs to see that safety and ancillary issues are addressed.
However, as I stated at the last meeting, I would prefer that exceptions not be made and
that The Block would reimburse us for such expenditures."9. LEGAL AFFAIRS - None 10.
RECESS TO THE MEETING OF
THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The
City Council recessed at 6:
00 p.m. to a Closed Session for the following purposes:a. Conference with Legal Counsel - anticipated
litigation.Significant exposure to litigation pursuant to Government
Code Section 54956.9(b) (one potential case). Contract with ORRS.b. Conference
with Legal Counsel pursuant to
Government Code Section 54956.9 -existing litigation.City of Orange v. George S.
Walker, et
aI., Orange County Superior Court Case No. 78 3377. (This item was not discussed)c. Conference
with Real Property Negotiator pursuant to
Government Code Section 54956.8.Property: Approximate 14-acre parcel at
the northwest
corner of Spring and Prospect,Orange, CA.Negotiating parties: Beazer Homes and
City of
Orange Under negotiation: Price and terms.d 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.The City Council reconvened from Closed Session
to regular session at 7:00 p.m.PAGE 14
CITY COUNCIL MINUTES December 8, 1998
7:00 P.M. SESSION
NOTE: Mayor pro tern Spurgeon assumed his seat at the dais for the 7:00 p.m. session.
12. PUBLIC COMMENTS - None 13.
PUBLIC HEARINGS Tape 2820 13.
1 CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY CERTIFICATES
OF PARTICIPATION FOR ST. JOSEPH HEALTH SYSTEM AND ST.JOSEPH
HOSPITAL OF ORANGE. (TII00.0)Time
set for a public hearing for the purpose of considering the proposed execution and delivery of
Certificates of Participation to be paid by California Statewide Communities Development Authority
from purchase payments to be received from St. Joseph Health System and certain of its
affiliates (the "Certificates"), in an amount not to exceed $65,000,000. The Certificates will be
executed and delivered for the purpose, among other things, of financing: the acquisition,improvement
and equipping of the health facilities on the campus of St. Joseph Hospital of Orange
located at 1140 W. LaVeta Avenue, 1100 and 1310 W. Stewart Drive, 363 and 353 S.Main
Street, 505 S. Main Street, 396 S. Main Street, 845 W. LaVeta Avenue, Orange, California,all
owned and operated by St. Joseph's Hospital of Orange, a nonprofit public benefit corporation;
certain health facilities improvements and equipment at other St. Joseph Health System
affiliates located elsewhere in California; and certain expenses incurred in connection with
the execution and delivery ofthe Certificates.Mayor
Coontz announced the public hearing is to consider the issuance of tax exempt obligations for
the purpose of financing the acquisition, construction, and equipping of health facilities known
as St. Joseph's Hospital of Orange located in Orange, California. The public hearing regarding
the financing is required by federal tax law.The
Finance Director reported the California Statewide Communities Development Authority is a
Joint Powers Agency with 169 cities and 44 counties that was formed to coordinate tax exempt financing
for qualified 5013C health care organizations. The proceeds of the Certificates of Participation
for the total financing is approximately $65 million. Approximately $20 million will
be used locally at St. Joseph's in the City of Orange. The hospital will be reimbursed for critical
Capital Improvement Projects including the upgrade of the information system to Y2K compliance,
replacement of certain critical equipment, and the upgrade and remodel of a number of
departments. The City's role in the financing is strictly limited to providing a public hearing for
any citizen input on the financing. The City is not issuing the Certificates of Participation and
does not have any financial obligations with regards to the financing. The City's name will not
be on any Official Statement or materials presented to underwriters or buyers of the investments.
MAYOR
COONTZ OPENED THE PUBLIC HEARING. THERE WERE NO SPEAKERS.PAGE
15
CITY COUNCIL MINUTES December 8, 1998
13. PUBLIC HEARINGS (Continued)
Mayor Coontz confirmed from the City Clerk that no written comments were received on the
proposed tax exempt obligations or the project prior to the hearing.
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 9046
A Resolution of the City Council of the City of Orange approving an installment purchase
financing to be undertaken by the California Statewide Communities Development Authority to
benefit St. Joseph Health System and St. Joseph Hospital of Orange.
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Resolution
No. 9046 as introduced, be adopted and same was passed and adopted by the preceding vote.
13.2 APPEAL
NO. 442; MINOR SITE PLAN 58-98; NEGATIVE DECLARATION 1540-97;
RALPH ZEHNER Time
set for a public hearing to consider the appeal of the decision of the Planning Commission to
deny Minor Site Plan 58-98 and Negative Declaration 1540-97 to demolish an existing
garage located within the Old Towne Historic District) and to allow construction of five (5)
additional units (two duplexes plus one unit above a garage structure containing seven vehicles), all
located behind an existing single family house. NOTE: Negative Declaration 1540-97
has been prepared to evaluate the environmental impacts of
the project.NOTE: Mr. Zehner has requested this item be continued to January 12, 1999 in
order to have his legal counsel and
architect present.THE APPELLANT STATES THE FOLLOWING REASONS FOR
THE APPEAL:This Minor Site Review meets all building development, guidelines and
General Plan requirements. There appears to be a demonstrated bias and discrimination against
the project.Because of a legal rezone. Even after making numerous requested changes. This review
is being held hostage because it is the 2nd project to come forward under the new zoning.
The very subjective denial was done under interpretation of vague guidelines and
just plain obstructionism, against building flexibility - with a low FAR. Plus there has been a
continued change in criteria for project
approva1."MOTION - Spurgeon
SECOND - Murphy AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
continue to the January 12, 1999 meeting as requested by Mr. Zehner.PAGE 16
CITY COUNCIL MINUTES December 8, 1998
NON-AGENDA ITEM - SR 55 FREEWAY:
Mayor Coontz commented that she, Councilman Slater, and numerous staff members attended a
recent meeting with a Caltrans public relations group regarding the 55 Freeway widening project.
It is important that Caltrans know what the City's thoughts and priorities are on the project. The
project is progressing quickly. Questions oflandscaping, timing, and business notification issues
need to be addressed. The Director of Public Works indicated construction is scheduled to begin
on the first segment of LaVeta to Walnut on January 15th. The 22 Freeway to the 91 Freeway
will be under construction by the end of April.
Council discussion ensued relative to having a special meeting vs. a study session, noting that
Council cannot take action at a study session. The City Attorney explained Council's decision
not to take action at a study session is a policy decision of the Council. Councilman Slater
suggested the Chamber of Commerce, auto dealerships, etc. be informed of the meeting. Mayor
Coontz indicated Economic Development staff will assist Caltrans with information about
businesses, addresses, etc. The City Manager commented he will coordinate appropriate staff to
begin working on this issue and poll the Council on which day will be best for the meeting.
14. PLANNING AND ENVIRONMENT - None 15.
RECESS TO CLOSED SESSION The
City Council recessed to Closed Session at 7:21 p.m. to continue discussion on significant exposure
to litigation pursuant to Government Code Section 54956.9 - Contract with ORRS.The City
Council reconvened from Closed Session at 9:00 p.m.16. ADJOURNMENT
MOTION - Mayor
Coontz SECOND - Murphy AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez The City Council adjourned at
9:00 p.m.C=i.~~CASSANDRA ATHCART, CMC
CITY CLERKPAGE 17