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02-25-1997 Council MinutesAPPROVED BY THE CITY COUNCIL ON MARCH 25, 1997 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA February 25, 1997 The City Council of the City of Orange, California convened on February 25, 1997 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 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilman Slater 1.2 ROLL CALL PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - None 1.3 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (C2500.K)Recognition was given by Sergeant Jim Anderson to members of the Citizen Police Academy, Graduate Class No.2.Mayor Coontz announced, at the request of the Police Chief, a special meeting will be 'held on Thursday, February 27, 1997 at 6:00 p.m. in the Council Chambers to update the community on delinquency prevention with emphasis on youth and gang violence.1.4 PROCLAMATIONS 2.CONSENT CALENDAR Tape 400 2.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda ofa regular meeting of February 25,1997 at Orange Civic Center, Main Library,Police facility at 1107 North Batavia and 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 February 7 and 11, 1997.ACTION: Approved. 2.3 Requestapproval of City Council Minutes, Regular Meeting of February 11, 1997.ACTION: Approved. PAGE 1 CITY COUNCIL MINUTES February 25, 1997 2. CONSENT CALENDAR (Continued) 2.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 2.5 Request Council approve a utility agreement with the State (Caltrans) for reimbursement for engineering design services required for waterline relocation and construction in conjunction with 1-5 freeway widening. (A2100.0 AGR-2761)FISCAL IMPACT: Agreement allows for reimbursement of up to $90,000 for the City's portion of costs associated with the final engineering design for relocation and construction of waterlines affected by the proposed 1-5, Segments A-2/A-4 freeway widening. Funding for this project has been budgeted in Account No. 601-8041- 484101-8320, Pipeline Improvements - 1-5 Freeway.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.ALCOHOLIC BEVERAGE CONTROL 2.6 Six month review of the sale of beer and wine at PJ's Abbey Restaurant, 182 S. Orange Street. Staff contacted the appropriate agencies and found no record of non-compliance or of any citizen complaints. (C2500.G.2)FISCAL IMP ACT: The applicant has paid all required fees which offset the staff costs of processing this project.ACTION: Received and filed report.APPROPRIATIONS 2.7 Request Council approve the appropriation of $12,856 in Unappropriated Reserves from SpecialGas Tax Construction fund to the Orangewood Ave./State College Blvd. Project account and transfer them to a project account in the Public Works Department Capital Improvement Program budget. (S4000.S.7)FISCAL IMPACT: Funds in the amount of$12,856 to be appropriated from Account No. 271-36000 (Unappropriated Reserves) to Account No. CITY COUNCIL MINUTES February 25, 1997 2. CONSENT CALENDAR (Continued) 2.8 CLAIMS FOR DAMAGES FROM: a. Maria Lazo b. Terri Lee Stillie c. Isabel DelaCruz ACTION: Denied claims for damages and refer to City Attorney and Adjuster. C3200.0) CONTRACTS 2.9 Request Council approve Contract Change Order No.1 in the amount of $10,709.80 for extra work beyond the scope of original contract, and adjustment of final quantities at contract unit prices. Bid No. 967-07, D-123, North Main Street Storm Drain, Steve Casada Construction Co. (A2100. 0 AGR-2679)FISCAL IMPACT: Funds for such contingencies were previously approved by Council and are available in Account No. 530- 5011-483400- 5330 ( Drainage District Fund).ACTION: Approved.DISCLOSURE 2.10 Request Council accept Mike Alvarez, Councilman, disclosure of direct and indirect financial interests in property located within the City's Redevelopment Project Area.Property interests are as follows: 131 S. Glassell, 154 S. Cypress, 138-152 Olive St.,2188 N. Batavia St., 707 Angus Ave., 360 S. Glassell St., 2222 E. Wilson Ave., 2905 E.Katella, 541 W. Chapman, 1167 E. Chapman, and 60 Plaza Square. (C2500.D)ACTION: Approved.GRANT 2.11 Request Council authorize receipt of a $13, 945 Grant from the California State Library Federal Library Services and Construction Act Funds). Allocate $13,945 to Account No. 100-2001- 443101-9916 (Major Urban Resources Library 97/98) (C2500.I)FISCAL IMPACT: This grant award of$13, 945 will CITY COUNCIL MINUTES February 25, 1997 2. CONSENT CALENDAR (Continued) RESOLUTIONS 2.12 RESOLUTION NO. 8733 A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement; Bid No. 967-07; D-123; Steve Casada Construction; North Main Street Storm Drain. (A2100. 0 AGR- 2679)ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.13 RESOLUTION NO. 8734 A Resolution of the City Council of the City of Orange stating its intent to vacate Orange Street between Walnut Avenue and Sycamore Avenue and Sycamore Avenue approximately 132 feet westerly of Orange Street and an underlying easement for sewer purposes therein. ( S4000.S.4)The City Manager requested the Resolution be amended to reflect a change of date for the public hearing to March 18, 1997 at 7: 00 p.m.MOTION - Mayor Coontz SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Approved adoption of Resolution No. 8734, as amended, with the public hearing to be held on March 18, 1997. SPECIAL EVENTS 2.14 Request from Episcopal Service Alliance to conduct it's second annual Renaissance Faire in Hart Park, Saturday, May 24th through Monday, May 26, 1997. (P1300.0.9) FISCAL IMP ACT: A $3,000 deposit will be made prior to the event to cover City costs. ACTION: Approved. MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Item No. 2. 13 was removed and heard separately. The remaining Consent Calendar items were approved as recommended.END OF CONSENT CALENDAR PAGE 4 CITY COUNCIL MINUTES February 25, 1997 URGENT ITEMS Tape 480 Request to close Shaffer St. between Almond Avenue and Morland Drive from 7:00 a.m. to 10:00 p.m. on Saturday, March 1, 1997 for a special event being held at St. John's Lutheran Church. (S4000.S.4) MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that the urgent request be added to the agenda as the need to take action arose subsequent to the posting of the agenda.RESOLUTION NO. 8742 A Resolution of the City Council of the City of Orange temporarily closing a section of Shaffer Street for a special event.MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Resolution No. 8742 as introduced, be adopted and same was passed and adopted by the preceding vote.Request to grantasix (6) month extension to Crist Excavating & Grading, Inc. for their hauling permit #9812, to import approximately 100,000 cubic yards of fill materials, into the Century StadiumiSyufy Promenade site (north side of Katella Ave. between Main St.and the Santa Ana River). (C2500. M.20)The Interim City Attorney explained the grading permit has expired. Time is of the essence to move dirt into the Syufy Project and a request has been made to validate the permit.MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that the urgent request be added to the agenda as the need to take action arose subsequent to the posting of the agenda.PAGE 5 CITY COUNCIL MINUTES February 25, 1997 URGENT ITEMS (Continued) MOTION - Mayor Coontz SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve a six (6) month extension to hauling permit #9812 issued to Crist Excavating Grading, Inc. for the import of approximately 100,000 cubic yards of fill material into the Century StadiumlSyufy Promenade site on Katella Ave. and all conditions of original permit to remain in full force and effect.3. REPORTS FROM MAYOR COONTZ - None 4.REPORTS FROM COUNCILMEMBERS Tape 535 OFF-AGENDA ITEM - IMMIGRATION AND NATURALIZATION SERVICE ISSUE Council directed at the March 11, 1997 meeting that the discussion of the following item be verbatim.Councilman Murphy "I would like to request, through the chair, to direct staffto do some research on an item. I think approximately two months or so ago we all had the opportunity individually to meet with Congressman Cox and one ofthe items that came up, at least, I believe in all of our discussions, but mine certainly, was an amendment to U. S. Code 287, the Illegal Immigration Reform and Immigrant Responsibility Act that allows the opportunity for an officer ofthe State, or political subdivision ofthe State, to perform the functions of an immigration officer as an augmentation to the officer's responsibilities as well as a potential augmentation to immigration type responsibilities. And, it struck a cord with me and I've done some additional inquiry, both with the Congressman and the Congressman's office, as well as with requests through staff, to take a look at this, and I would like to respectfully request that we direct staff to bring a report back at our next Council meeting on this item, as well as wording for a Resolution,because I think it' s important that the City step forward on this particular item.We've seen an obvious and a recognized resurgence and documented involvement in gang activity in the City over the past several months. And I believe this particular piece of legislation, Section 133 of this Code, that affords this opportunity, would be an effective tool for police officers to deal with crime. And so I would like to see us do this on a very timely fashion,bring it back and take the opportunity to step forward. I don't believe any other city has pressed this forward yet. In fact, as I understand it, the MOU is currently being drafted within INS as a result of this. However, Congressman Cox and his office have indicated their willingness to press this forward with our Resolution to see if we can't enact this. I would like to make that request."PAGE 6 CITY COUNCIL MINUTES February 25, 1997 4. REPORTS FROM COUNCILMEMBERS (Continued) Mayor Coontz "I wish that I had known about this before this meeting because Congressman Cox had promised the City that he would send the information when I asked him to several month ago. He was supposed to be sending that to us and there was no follow-up on that. So I think what we really need to do, to avoid some expense and trouble from our standpoint, is to formally request, the Council and the Mayor formally request him to follow-up on that which he said he was going to do. This actually is not the first time that we've had a little problem that way with follow-up on INS requests. We also had, remember the meeting that you and I attended, where we asked the State Senator and staff for information, so that would be, I think,incumbent upon the Congressman to do what it was he said he was going to do. This may be a little costly, in talking to one of the City Attorney's I understood that there was some question as to what affect this would have on our Police Department. In fact, I have talked to Chief Robertson about this and I don't know ifhe would want to speak to it now. Ijust do not want us to progress into any kind of an ordinance or activity without doing proper background and research."Councilman Murphy "I guess you'll note that the order of requests were: 1) to ask the staff to do the research, and then given that research, bring a resolution forward. I just don' t feel as though that we should wait another month or two to do this analysis and then draft a resolution after...Mayor Coontz "No, I understand that.Councilman Murphy "And also, in support ofthe Congressman's effort, I had no problem at all contacting him. He called me back immediately and expressed his personal support of being willing to do whatever it took from his office's perspective, as long as there was a concurrence of the City Council. So, I'm not sure, perhaps it slipped through the cracks before, I don't know that part; but I know that it is on the docket now and ready to move to the next level if we are willing to step forward."Mayor Coontz "Can we suggest that a letter be sent to ask him for the governmental analysis so that we don't have to do the work, because I did request it formally of the office myself, too. I'm glad that you brought it up, because obviously they weren't, perhaps, ready to do anything about it a couple of months ago. Could you do that?"Dave Rudat, City Manager "Certainly Mayor and Members of the Council, I will see that a letter gets drafted. In addition, if! could add, that Chief Robertson and I had discussed issues,obviously with the INS and when Representative Cox had brought it up before, I had a discussion with Chief Robertson and asked him to start following up on ifhe had heard anything.And so we have a little bit of work, coincidentally, in progress, and we will follow up for you at the next Council meeting, with as much information as we have. Ifwe are so instructed to try and draft, through the body of a reso, we will try to do that also, but at least have a report for CITY COUNCIL MINUTES February 25, 1997 4. REPORT FROM COUNCILMEMBERS (Continued) Mayor Coontz "Now I talked to Councilman Zimmel of the City of Anaheim who has been very active in INS activities, and he indicated that he didn't think that they were going forward with this particular activity. In fact, probably what we need to do, is get an update on the Anaheim experience, because they have moved forward a couple of years ago." Councilman Murphy "Course, the Anaheim experience is one of having a local jail to provide an officer. This is a dramatically different scenario .... Mayor Coontz "No, I understand that. But, they have also done some research on this particular issue. Councilman Murphy "Information is always valuable and that is why the first part of the request was such. But I would urge, as well, a draft resolution to be made available, should the information pan out and should we be willing for move forward. There is no sense in waiting another couple of weeks for resolution type information to be brought back. Mayor Coontz "Good. We thank you for bringing that forward and lets hope we can get everything together, and you had a comment, or a question." Mayor pro tem Slater "I just wanted to, I appreciate, Mark, you bringing this forward. I remember that when I met with Chris Cox also, when he came down to City Hall that he brought this up. I definitely think it is something we should pursue. I have been frustrated for years. I think our Police Department's hands have been tied with regards to enforcing illegal immigration and we certainly have seen the results of some of the problems that it has caused in our City. You know, there are ways to enter the country legally, and that's what people need to know. I would be all for, as soon as we possibly could, having staff draft a resolution, as well, so that we can move on this as soon as possible." Mayor Coontz "Do any other members of the Council want to say anything about this? We all have an opinion, I am sure on illegal immigration. Councilman Alvarez "Just real briefly. I'm not looking really forward to a resolution, I think, until we can, as Councilman Murphy had pointed out, pretty much get the information first. If we need to get it from Anaheim, or if we need to get it from Congressman Cox, let's get that and take a look at it. I would also like to take that information, Mayor, and weigh it against what the Chief of Police is seeing as happening in the city. If, in fact, we need that resolution for our particular city, I would like to be able to measure that." Mayor Coontz "We need a legal analysis, I think that's most important to this issue." City Manager Rudat "Mayor and Members of the Council, if I could comment just a bit further. I think with the many recent events and the leadership of our Police Chief John Robertson, and our discussions between the two of us and what direction he has suggested, and what direction I have given. Following up on this, there is a law that exists as Congressman Cox has stated, and there needs to be a liaison or a MOU in discussions with the State Attorney PAGE 8 CITY COUNCIL MINUTES February 25, 1997 4. REPORTS FROM COUNCILMEMBERS (Continued) General's office, and Janet Reno, and of course, with the local entity. He has made someprogressinthisarea, because we have been talking about it, because a great deal of ourproblems, as if the Chief were to discuss this, are with illegal immigrants making up a large partofthegangproblemthatwehave. So we have made some progress, and I can assure the Councilthatthereissomethingoutthere, and we will bring back an analysis for you that I think the Chiefisworkingon." Mayor Coontz "Given the fact that you have to contact the State and the Federal government, itissomethingthat, obviously, has taken a little bit of time." Councilman Spurgeon "I'd like just to agree with the comments of my colleagues that I thinkwehavetoaggressively, as a City, pursue all avenues in order to get some type of closure on thisandrelief, because it has gone far, far too much array, waiting for signals from Washington.And, I think sometimes we have to do something on a local basis, and then follow through withit. All I'm saying is, that let's aggressively pursue all of these, and wait anxiously for the soonestpossibletimeareportfromtheManagerandtheChiefaswemovetowardsaresolution. Thankyou." Bob Bennyhoff "Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, I would like to findoutjustwhatitisexactlythatyouwantthepolicetodo. Do you want them to have the power ofarrest; do you want them to have the power of deportation? You've discussed, have them dosomething, but it's not clear in my mind, maybe the rest of the audience can tell you exactly whatyou're talking about. Mayor Coontz "I think we need to have the Chief up here. There is also the question, not onlylegalconsiderations, but monetary considerations. And, so, maybe you can give a little insightonthis." Look's like it's your day, one way or the other, today." Police Chief Robertson "Mayor and Members of the Council. After this section of the law wasbroughttomyattention, it was shared with me that Council was very interested. And, with thedifficultiesthatwehavehadinthepastofdealingwithINS, as far as getting call backs andfollowthroughonrequests, we did undertake a lot of research with the Federal government intheareaoftheAttorneyGeneral's office and the State Attorney General's office. What we arelooking, at 133, and it is so new, that really people do not know, that law I) exists, and what thelawactuallymeans. It talks about requirements ofthe Federal government to the Stategovernment, but those requirements aren't really fully articulated, and it requires articulationfromtheStateAttorneyGeneraldowntothelocallevel, and again, some of those aren't trulyarticulated, and I believe that Councilman Murphy, who had asked me some of the questions on the research that we were doing, was getting back from Chris Cox's office. I believe that theconcernwasthattherewouldnotbefollow-up, that this would kind of lay dormantuntilsomebodystartedmakingthesetypeofrequestsofINS. Now, what we are looking at this tobeusedforis, if it can be done, as a legitimate tool to assist our officers in dealing withcrime.Okay, it was never intended for us to go out, if for example, all of the MOU's stuff fall intoplaceandtherequiredtrainingtakesplace, I have never viewed this as a vehicle for us to go out and do PAGE CITY COUNCIL MINUTES February 25, 1997 4. REPORTS FROM COUNCILMEMBERS (Continued) immigration sweeps. That's not the intent. But, as already been mentioned, we do have, unfortunately, many people who are in this country illegally involved in criminal activity. And if this is an additional tool for us to help prevent crime in this community, then I believe that I have a sworn duty to fully research this if it will help us to implement it, if at all possible. We do, in fact, as recent events have shown, we have seen an increase of people in this country illegally involved in criminal gangs, even forming their own gangs. And, for example, if we have this ability right now, we would certainly use it to eliminate gang members from this community. We have a zero tolerance for gang members and we would do that. Now, will it all come together? We're not sure. Orange is way out in front, right now, from other cities in looking into this. Again, it was felt that a city did need to take the lead on this because it did not feel that INS would." Mayor Coontz "I guess the question, too, is whether or not we're willing to be the test case. We attempted to be the test case on the overcrowding issue and spent a solid year preparing for that for a presentation. We were kind of shoved out of that by Santa Ana, and I think we could have carried our case through. But, Santa Ana's actions went to the State Supreme Court and we did not do much to follow our original goal after that because it looked like it would be extremely difficult for us, monetarily, and it obviously would not meet with the success that we hoped it to. So, these illegal immigration issues, and our addressing them, are not new in the City. We've been working on a number ofthese issues for at least a decade. So we appreciate your work, and is there any time in the near future when you think you might get an answer from the State or from Ms. Reno? Police Chief Robertson "The information is, for example, the required information for the MOU's has not been finalized by the Federal government. INS has not finalized, the law does, there is a section of 133 that requires training for local law enforcement. It has not, INS has not articulated what that training will consist of. Ifwe had to guess right now, we think it's going to be approximately 40 hours oftraining. For example, ifit was 2,000 hours of training, we probably would not pursue this section, because the cost benefit would not be there. Those things are still, again, being articulated. The way that we are viewing this is, is that, this could be a very valuable tool and the law that allows us to do this was, in fact, I believe, passed in November oflast year. And so, ifit's a valuable tool, and we can use it, we want to move it forward." Mayor Coontz "Well, I think the INS is busy with their glitches regarding citizenship, etc. But, Mr. Bennyhoffwas nodding his head, so, and I guess what he was trying to let us know, is that he still doesn't understand what this was about. What this is about is giving the local police the opportunity to pick up people". Police Chief Robertson "What the law basically states is by following these certain steps, we would be able to enforce federal law. Right now, in the area of immigration, the City of Orange police officers, cannot enforce federal law in the area of immigration. We certainly can enforce certain federal statutes on drugs and that type ofthing. This would remove that barrier. We would be allowed to enforce federal immigration law." PAGE 10 CITY COUNCIL MINUTES February 25, 1997 4. REPORTS FROM COUNCILMBMERS (Continued) Councilman Alvarez "Chief, in what nature would that be?" Police Chief Robertson "Again, in the nature of those involved in crime, those people that areinthiscountry, not the fact that the crime is that if they are in this country illegally, the fact thattheyareinvolved, say, in gang activity. All right, they have been involved, for example, theyhavebeeninvolvedinaburglaryintheCityofOrangeandtheirfirstoffense. They are not goingtobedoinganyjailtimeoranythinglikethat. Well, then, we would, in fact, arrest them for being in this country illegally and have them deported." Councilman Spurgeon "My interpretation of what Representative Cox told us in individual meetings during the holiday was, that this, to make it very clear and very simple, and you correct me ifI'm wrong, this immigration law amendment was passed and signed by the President last year. It gives the Attorney General of the United States the authority to deputize, through the Attorney General, various law enforcement agencies, on a local basis, in order to do what theChiefmoreorlessdescribed. And that was my understanding of, at least through representativeCox, and that's when it first became known to all of us. In terms of it's a form of deputization,whether it be 40 hours or whether it be training or what, but that has to take place, and, fortunately, it has to take place starting with the Attorney General, is our understanding. And Ithinkthat's what this whole thing, I guess we never did really explain it to start with. We're talking about the results and the inaction, but we didn't get back to where the train left the station. So, maybe that's a little clearer. That's my understanding, anyway, Chief, of how it was explained." Mayor Coontz "Congressman Cox explained it as sort of an overlooked aspect of the law that was signed in." Police Chief Robertson "What Councilman Spurgeon said is correct, and in fact, it may be, thataftereverythingistotallyarticulated, I may make a recommendation to you that we do not pursue it. But, at this point, we don't know and I think it should be pursued." Mayor Coontz "So, we would like it soon, as Councilman Murphy said. But then soon is not so easy when you are dealing with the State and Federal government. You can keep us apprised ofjustexactlywhattheprogressis." Police Chief Robertson "I will have a report to Council prior to the March 11 th meeting. Itwillbeanupdateofwhathastranspiredandsomeoftheavenuesthatwearelookingat." Mayor Coontz "Well, you never know where some ofthese things are going to take us. Barbara DeNiro, you had a question?" PAGE 11 CITY COUNCIL MINUTES February 25, 1997 4. REPORTS FROM COUNCILMEMBERS (Continued) Barbara DeNiro "I have a comment. My name is Barbara DeNiro, and my address is on record. I was going to speak about this during Oral Presentations, but since it has been brought up, I would like to thank Councilman Murphy, Slater and Spurgeon, for their comments and concerns, because the citizens are very much afraid. Of the two shootings, very close to me, then the next day they tell us, well, don't get involved, go to the police. So if somebody comes on your street and their digging through your trash and their doing their thing, you back out, you shine your lights on them, and you go on your way, thinking they'll move. And they have dug through this neighbors trash before and caused problems. But I didn't call the police because they knew where I lived and who I was. So, we sure need some help, and whatever you can do, thank you." Mayor Coontz "Thank you. As a matter of fact, all members of the Council in the past and present have been extremely interested and helpful in their comments and their support of activities in the City of Orange to take care of the illegal immigration problem. That's all of us, we have a good reputation in that respect." 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 1145 5.1 Reappoint the following members to the Community Development Block Grant Committee (terms to expire February 28,1999. (ORI800.0.8.3) Richard Ledesma, Victoria James, Harry St. George, Bea Vega MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Approved.6.ADMINISTRATIVE REPORTS Tape 1155 6.1 Treasurer' s report for the period ending January 31, 1997. (C2500.F)The City Treasurer reported for the period ending January 31, 1997, the Cash and Invested Balance was $113. 1 million. Cash disbursements exceeded cash receipts by approximately $1.2 million which can be attributed to the semi-annual water payment to Orange County Water District for the City's water replenishment charges. Two investments totaling $4 million matured; $1 million was invested in a Treasury Note; $2.2 was invested in LAIF; and the balance was used for cash flow purposes. The Local Agency Investment Fund Balance was $11.7 million; Portfolio Yield to Maturity was 5.48%; MarketValues were 99.3% ofbook; and the Portfolio Weighted- Average Time to Maturity was 1.49years.PAGE 12 CITY COUNCIL MINUTES February 25, 1997 6. ADMINISTRATIVE REPORTS (Continued) MOTION - Slater SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file the report.6.2 Report from the Director of Community and Library Services to execute waiver and indemnity agreement withOrangeCountyEmploymentActionNetwork (OCEAN) which provides office spaceforOCEANattheCity's Resource Center. (A2100.0)The Director of Community and Library Services explained the services provided by OCEAN augments the servicescurrentlybeingprovidedattheResourceCenterandprovidesanopportunitytomaximizetheservicelevelandenhancethefacilitiesoverallutilizationofthearea. OCEAN providesservicestoindividualsoflow-income and collaborates with agencies to assist perspectiveclientsinassessingjobs, job training, computer literacy, and other elements necessary forindividualstobecomeself-sufficient. A Waiver and Indemnity Agreement must be enteredintoinordertoprovidespaceforOCEANtoprovideadditionalservicesattheResourceCenter.MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to authorize the City Manager to execute on behalf of the City.6.3 Status Report from the Fire Department regarding the Emergency Medical Transportation Program. (C2500.H)The Fire Division Chief, on behalf of the Fire Chief, presented an overview of the Emergency Medical Transportation Program, indicatingthegoalssetbyCouncilonOctober25, 1995 have been met. Paramedic responsetimestothescenewereimprovedwithoutincreasingthecoststosubscribers. Paramedics are nowonsevenenginesandthreerescues. After 16 months of operation, response time togetparamedicsonscenehasbeenreducedby28%; ambulance response time was reducedby48%. It is anticipated the revenues will meet the expenditures by June, 1997 and itisprojectedtheprogramwillgenerateapproximately $70,000 per month. The collection :from the insurancecompaniesprovidesrevenuesfortheprogram, which has been a major Success and servesasamodelforotheragenciesinOrangeCounty.MOTION - Mayor Coontz SECOND - Murphy A YES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file the report. PAGE 13 CITY COUNCIL MINUTES February 25, 1997 7.REPORTS FROM CITY MANAGER Tape 1793 7.1 Report from the City Manager on the execution of the ten year contract with the County of Orange for landfill disposal services. (A2100.0) Councilman Spurgeon made the following statement for the record: I did have a conversation with the City Attorney, since I am a county employee, and work directly for one ofthe members of the Board of Supervisors, as to any conflict that I might have on this agreement. It was determined, after going through some questions with the City Attorney, and based on my conversation with the City Attorney, that I had no perceptual or legal conflict with this, so I would be free to participate in this to the fullest. The City Manager reported the agreement benefits the City and the citizens of Orange County by stabilizing and making permanent a landfill gate fee of$22 a ton. The City is currently at $27 a ton and were as high as $35 a ton. The rate charged to customers will not drop a significant amount right away. The current rate charges are based at $24 a ton. The rate structure will be reviewed in terms of the system of collection and recycling and will be brought to Council later this year. The cost ofthe program is approximately 5% of the total amount spent on sanitation, which is approximately $8.5 million. Mayor Coontz reported that as a representative of the League of Cities on the Orange County Waste Management Commission, the stabilizing ofthe rate at $22 a ton is most welcome. The Waste Management Commission feels comfortable with the in-depth and accurate analysis that was completed by virtue of the activities of the City Manager' s.Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, reported that the Board of Supervisors will meet in approximately 1 12 hours and consider an item on the agenda to extend the deadline by 30 days.MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve the contract and authorize the Mayor and City Clerk to execute the agreement on behalf ofthe City.7.2 Report from the City Manager on the Second Quarter Budget status and mid-year budget adjustments. (C2500.J.l.l)The Assistant City Manager reported on the status of the City's current budget and recommended budget adjustments. The City's overall budget and revenue projects are on track and few mid-year adjustment are needed.PAGE 14 CITY COUNCIL MINUTES February 25, 1997 7. REPORTS FROM THE CITY MANAGER (Continued) The one-time revenues are from the sale of City-owned properties adjacent to theSantaAnaFreewaywhichtheStateDepartmentofTransportationispurchasingfortheInterstate5wideningproject, as well as refund payments from the State PublicEmployeesRetirementSystem. Prior year retirement contributions turned out to be more than that needed tofundtheprojectedretirementobligationoftheCityundertheCity's contract with the StateSystem. The unanticipated revenues are estimated to provide the City's General Fund withanadditional870,000. These revenues more than offset the recommended budget adjustments. The mid-year budget adjustment recommended are as follows:Community Development Department - A mid-year revenue adjustment, and a mid-year expenditure adjustment, each of$14,000, and with no net budget impact, is requested for services provided by an outside plancheck contractor.Fire De.,partment - Mid-year budget request with a net budget impact of$201,415, resulting :from an initial budgeting error and extraordinary overtime forrespondingtomajoremergencies.Economic Development D~artment - Mid-year budgets are requested toaddressthedeclineintaxrevenuesduetoreducedassessedvaluationsintheCity' s Redevelopment project areas.The City Manager reported on several substantial departmental accomplishments:Completion of the Development AgreementwiththeMillsCorporationOpening of Citrus City Grille Grading at the Syufy Century Theater DevelopmentontheKatellaCorridorNearcompletionof the downtown parking study Training of Planning Commissioners Construction on Santa Fe Depot parking lot and MetroLink station lot Metropolitan Drive extension EIR is under development Work is underway on three new pump stations; two reservoirprojects are nearly 95% complete AirCon Energy audit Master Joint Use Agreement with the Orange Unified School District Agreement was reached on the Strawberry Fields helping to deliver morethan $2 million in parks and park improvements to the City Mutual Aid action was performed by the Fire Department in theOctoberfiresandfloodsEmergencyMedicalTransportSystem continues to be successful Police Department continues to make Orange safer, as crime hasdropped 22% since last January Orange Police Bike Patrol team continues its positiveinfluenceonOrangeneighborhoodsCodeEnforcementDivisionatthePoliceDepartmentmanagesa24hourhotline for shopping cart removal.Request for Proposals were received for astate-of-the-art utility billing system Upgrade of the MIS system is nearing completion Televising of City Council meetings anda24- hr. City CITY COUNCIL MINUTES February 25, 1997 7. REPORTS FROM THE CITY MANAGER (Continued) Mayor Coontz complimented the City Manager on the amount of accountability in the Second Quarter Budget Status Report and his ability to hold the departments to their stated goals and objectives. MOTION - Mayor Coontz SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file the Second Quarter Budget Report and approve the recommended budget adjustments.8. LEGAL AFFAIRS Tape 2340 8.1 ORDINANCE NO. 6-97 An Ordinance of the City Council of the City of Orange amending Chapter 17.36 of the Orange Municipal Code relating to signs. (A2500.0)Geneva Fulton, 456 S. Main, expressed opposition to signs and asked what was being amended?The Director of Community Development indicated he would provide Ms. Fulton with a synopsis of the sign ordinance after the meeting.MOTION - Slater SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 6- 97 be adopted and same was passed and adopted by the preceding vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. RECESS TO THE MEETING OF THE ORANGE INDUSTRIAL DEVELOPMENT AGENCY 11. ORAL PRESENTATIONS Barbara DeNiro, (address on file), expressed concern with weed abatement at Southern California Presbyterian Homes on Taft; asked how many vehicles can be repaired at a time in a driveway, indicating it is an eyesore in the neighborhood; asked if residents will get a break on their utility bill due to the reduced landfill gate fee; asked if enrollment has increased in the EMT paramedic program in the City; and asked if in the past the Fire Department or paramedics called the ambulance.PAGE 16 CITY COUNCIL MINUTES February 25, 1997 11. ORAL PRESENTATIONS (Continued) Mayor Coontz will discuss the weeds at Southern California Presbyterian Home with Mr. Mickelson. The Director of Community Development indicated he did not believe that there is a specific number of vehicles that could be repaired at anyone time in a driveway. The CityManagersaidthereductiononthelandfillgatefeeisonly5% ofthe $8 12 million of total sanitation and a rate change will not be seen right away pending a review and analysis; the response to enrollment in the EMT program will be referred to the Fire Department; and upondispatchofaFireDepartmentvehicle, the ambulance company was immediately dispatched. 12. RECESS The City Council recessed to a Closed Session at 6: 1 0 p.m. for the following purposes: a. Conference with real property negotiator regarding acquisition of real property pursuant to Government Code Section 54956.8: 1. Property: 495 S. Olive Street Negotiating Parties: Mr. and Mrs. Edwardo Cuellar Under Negotiation: Instruction to Negotiator concerning Price and terms. 2. Property: 2 City Boulevard East, Room 180 Negotiating Parties: Orange Redevelopment Agency and Dr. Howard Austin Under Negotiation: Establishing price (fair market value) and terms. b. Conference with legal counsel - anticipated litigation.Significant exposure to litigation pursuant to Government Code Section 54956.9(b). Two potential cases.c. Public employment pursuant to Government Code Section 54957: City Attorney.d. To consider and take possible action upon such other such other matters as are orally announcedbytheCityAttorney, City Manager, or City Council prior to such recess unless the motiontorecessindicatesanyofthematterswillnotbeconsideredinClosedSession.The Interim City Attorney indicated that Item b. Conference with legal counsel _ anticipated litigationshouldread "determining whether to initiate litigation under 54956( c).13. RECONVENE The City Council reconvened from Closed Session to Regular Session at 8:00 p.m. The Interim CityAttorneyannouncedtheappointmentofDavidDeBerryasCityAttorneyfortheCityofOrange effective April 1, 1997. The vote was 5-0. PAGE 17 CITY COUNCIL MINUTES February 25, 1997 14. ADJOURNMENT MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Coontz, Spurgeon, Alvarez The City Council adjourned at 8:00 p.m. to an Special Adjourned Regular Meeting, February 27,1997 at 6: 00 p.m. in the Council Chambers for a presentation by the Police Chief concerning delinquency prevention with emphasis on youth/gang violence.4QbV...d CASSANDRA . ATHCART, CMCCITYCLERKJ COONTZ MAYOR G PAGE 18