04-22-1997 Council MinutesAPPROVED BY THE CITY COUNCIL ON MAY 13, 1997.
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING April 22, 1997
The City Council of the City of Orange, California convened on April 22, 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 Mayor Coontz
1.2 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.3
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Employee Recognition
Service Awards were presented to the following employees: Paul Martinez, Dave
Goodwin, Mike Hadley, Dan Bruno, Pat Thayer, and David Osborn.C2500.J.
4.18)Resolution No.
8758 was presented to Robert L. Clevenger, Retired Fire Chief commending him
for more than twenty-nine years of loyal and dedicated service.Nancy
Gee, Recycling Coordinator, presented Recycler of the Year Award to Raul Ramirez,
Field Maintenance Supervisor. Other employees nominated for Recycler of the Year
and recognized for their recycling efforts were Irene Carney, Andrea Jaso, Lisa Mattert,
Jose Ortiz, Sarah Rooth, and Linda Salas. (C2500.M.1.1)1.
4 PROCLAMATIONS A
proclamation declaring April 22nd - April 29th, 1997 as Recycle Week was presented to Nancy Gee,
Recycling Coordinator. Councilmembers were invited to attend the Earth Day celebration
at Hart Park from 9 a.m. - 1 p.m. on Saturday, April 26th.Proclamations were presented
to Parks, Recreation and Cultural Arts Commissioners Dennis Blake, Rudy
Diaz, Bill Holt, Vince Ferragamo and Bob Pomeroy.A proclamation was
presented to Jennifer Hall, National Champion, 3 For All Girls Basketball Competition, Taft
Elementary School.PAGE 1
CITY COUNCIL MINUTES April 22, 1997
2. CONSENT CALENDAR
2.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of April 22, 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 ofthe City Clerk.
2.2 Request Council confirmation of warrant registers dated April 4, 8, and 18, 1997.
ACTION: Approved.
REMOVED AND HEARD SEP ARATEL Y)
2.3 Request approval of City Council Minutes, Regular Meeting, April 8, 1997 and
Adjourned Regular Meeting, April 15, 1997.
Mayor pro tern Slater requested the minutes of the Regular Meeting, April 8, 1997, Page
16, be amended to reflect "chain link fencing city-
wide".MOTION - Slater
SECOND - Murphy AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
approve the City Council Minutes, Regular Meeting, April 8, 1997, as amended and Adjourned
Regular Meeting, April 15, 1997, as presented.2.4
Considerationto waive reading in full of all ordinances on the Agenda.ACTION: Approved.
APPROPRIATIONS 2.
5
Recommend appropriation of $4,200 from Revenue Account No. 100-2011-252100-
9987, "Rental Book Collection" to Rental Book Revenue Account No. 100-
2001-443101-9987 to purchase rental materials. Funds have been collected in Revenue
Account No.100-2011-252100-9987to
cover this appropriation. (C2500.I)FISCAL IMP ACT: None. Council authorized revenue
generated from this account to
sustain the
library's
CITY COUNCIL MINUTES April 22, 1997
2. CONSENT CALENDAR (Continued)
BIDS
2.6 Request to advertise for bid, Traffic Signal and Safety Lighting Modifications, Bid No.
967-34, at the following locations: (S4000.S.3.
3)Orangewood Ave. and Eckhoff
St.Orange-Olive Rd. at
Meats Ave.Glassell St. at
Riverdale Ave.Katella Ave. at
Main St.Glassell St./Taft Ave. at
Orange-Olive Rd.Glassell St.
at Walnut Ave.FISCAL IMPACT: Requires temporary transfer of $82,
800 from unappropriated reserves (Account 284 TSIP B) into a 550 Fund (
DPW-Improvement Fund). Upon reimbursement by HES grant, transferred funds will be returned to
the parent fund source.ACTION: Approved plans and specifications, and authorized Bid
No. 967-34 for the modification of traffic signals and safety lighting at
the above locations be advertised.Approve the temporary transfer of $82,800
from unappropriated reserves (Account 284 TSIP B) into
a 550 Fund (DPW-Improvement Fund).2.7 Request Council award Bid No. 967-33, Misc. Vehicles,
to Villa Ford, Orange Ca, in the
amount of $466,772. (A2100.0 AGR-2793)FISCAL IMPACT:
Funds are
budgeted in Account No. 720-5023-472102 (Motor Vehicle Replacement).ACTION: Authorized
Mayor and City Clerk to execute on behalf ofthe City.2.8 Request Council
award Bid No. 967-26, Motorized Asphalt Paver to Superior Equipment,
Escondido, Ca. in the amount of$50,303. (A2100.0
AGR-2792)
FISCAL IMPACT: Funds are budgeted in Account No. 720-5023-472102 (Motor Vehicle
Replacement).ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.
2.9 Request Council award Bid No. 967-27, Fire Station #3 Remodel,
to Greentree Development Co., Orange, Ca. in the amount of$
189,41O. (A2100.
0 AGR-2791)FISCAL IMPACT: Funds are budgeted in Account No. 565-3021-
481200-2631
CITY COUNCIL MINUTES April 22, 1997
2. CONSENT CALENDAR (Continued)
CLAIMS
2.10 CLAIMS FOR DAMAGES FROM:
a. Jennifer Edwards
b. Bree Edwards (C3200.0)
ACTION: Denied claims for damages and referred to City Attorney and Adjuster.
CONTRACTS
2.11 Request Council award of Professional Services Contract in an amount not to exceed
117,878 to Robert Bein, William Frost & Associates for preparation of a Project Study
Report (PSR) for SR-22/City Drive Interchange Modification. (A2100.0
AGR-2790)FISCAL IMPACT: This proj ect is funded in the 1996-97 budget
in the 284-5011-483300-
3823 TSIP Area B account.ACTION: Authorized Mayor and City Clerk
to execute on behalfofthe City.2.12 Request Council award a contract in the amount of $36,
137.94 to Accurate Landscape and Maintenance of Anaheim, Ca. for landscape
improvements located at Reservoir 9A and 10, Bid
No. 967-32. (A2100.0 AGR-2789)FISCAL IMPACT:
Funds
are
budgeted in the
following accounts:601-
8041-484101-8316
601-8041-
484101-8317 10,789.66 25,348.28 Reservoir 9 A Reservoir 10
ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.13 Request Council award
a contract in the amount of $25,000.00 to Holmes and
Narver,Inc. for consulting services to provide a Supplemental Project Report
and Environmental Re-Evaluation for the proposed
enhancement of the Meats Avenue Bridge Overcrossing at the SR-
55 freeway. (A2100.0
AGR-2788)FISCAL IMP ACT: Funds
are budgeted in the following account:262-5011-483300-3818 $25,
000.00
CITY COUNCIL MINUTES April 22, 1997
2. CONSENT CALENDAR (Continued)
2.14 Request Council award a professional engineering services contract in the amount of
34,445.00 to Joseph C. Truxaw and Associates, Inc. for Street Improvement Plans for
the Critical Intersection of Main Street at Chapman Avenue. (A2100.0 AGR-
2787)FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program
and available in the following
account:262-5011-483300-
3229 $75,000.00 Measure
M - ChapmanlMain Intersection.ACTION: Authorized Mayor and City Clerk to execute on
behalf ofthe City.REMOVED AND HEARD
SEP ARATEL Y)2.15 Request Council award a contract to LaserFiche Document Imaging in
the amount of 53,050 to upgrade the City's existing document imaging
and automated records management system. (
A2100.0 AGR-2786)FISCAL IMP ACT: Funds are available
in the following accounts:100-0402-
449600 $23,500 Document Management Program
780-1601-47000-9640 $29,550 Information Management Upgrade NOTE: Councilman Murphy abstained
due
to a potential
conflict of interest
with his employment.MOTION - Spurgeon SECOND - Slater
AYES - Slater,
Mayor Coontz, Spurgeon, Alvarez ABSTAIN- Murphy Moved to authorize the Mayor and City Clerk to
execute
on behalf of the City.PERMITS
REMOVED AND HEARD SEP ARATEL Y)2.16 Request Council approve a hauling permit to
American Wrecking, Inc. 2459 Lee Ave.,South El Monte, CA 91733, for Phase I (
demolition work) at the Wal-Mart project located at the Mall of Orange
on North Tustin
St. (C2500.M.20)FISCAL IMPACT: None.Mayor Coontz expressed concern with the noise,
location, and the length of time the grinding of the concrete
material will
CITY COUNCIL MINUTES April 22, 1997
2. CONSENT CALENDAR (Continued)
The Director of Community Development responded the crushing operation is approved
as part ofthe demolition permit for the former Broadway store. The equipment will be
located on the Tustin Street frontage, which is further away from residential properties.
A City ordinance restricts hours of construction from 7:00 a.m. to 8:00 p.m., Monday
through Saturday and the City's noise ordinance will need to be met. Mayor Coontz
requested information be presented to Council on how long the grinding will continue.
MOTION- Mayor Coontz
SECOND - Murphy AYES -
Murphy, Slater, Coontz, Spurgeon, Alvarez Moved to
approve the recommendation based on further review.PROGRAMS 2.
17
Request Council amend the Home Improvement Program Policy to authorize the City Manager to
approve the subordination of City Deeds of Trust and permit the refinancing of privately
financed first and second Deeds of Trust. (C2500.G.1.5)FISCAL IMP
ACT: No costs will be incurred by the City for subordination of loans. All costs to
be paid by the borrower.ACTION: Approved.
RESOLUTIONS 2.
18
RESOLUTION NO. 8753 A Resolution
of the City Council of the City of Orange approving Lot Line Adjustment LL 97-
1 adjusting a lot line of certain real property situated at Lots 4, 5 and 6 of Tract 9917
in the City of Orange, County of Orange, State of California. (C2500.M.16.1 LLN-
97-
1)OWNERS: Irwin and Kimberly Goldman, Ronald and Donna Hanson, David S.
Soonlan and Sunee
Krabeepetcharat.ACTION:
Approved.2.19 RESOLUTION NO.
8759 A Resolution of the City Council of the City of Orange supporting the consolidation
of the Municipal Water District of Orange County and the Coastal Municipal Water
District.OC1300.G.
2)ACTION:
Approved.PAGE
CITY COUNCIL MINUTES April 22, 1997
2. CONSENT CALENDAR (Continued)
2.20 RESOLUTION NO. 8760
A Resolution of the City Council of the City of Orange finally accepting the completion
ofa certain public work and improvement; Bid No. 956-37; S.P. 3154; J. H. Rental,
Inc.;Palmyra Avenue and Sycamore Avenue - Street Reconstruction. (A2100.0 AGR-
2639)ACTION:
Approved.URGENT
ITEM MOTION - Murphy
SECOND - Slater AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
the urgent request be added to the agenda and Consent Calendar as the need to take
action arose subsequent to the posting ofthe agenda and there is a need for immediate action.
2.21
Requestby Orange Rotary Club, Orange Elderly Services, Orange Cares and the YWCA of Orange
to reserve the City parking lot adjacent to Orange Elderly Services at 170 S.Olive Street
and to allow the 3.2 mile walk for Orange as a charitable fund raiser.p1300.0.
9)MOTION - Murphy
SECOND - Slater AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Approved.MOTION - Mayor Coontz SECOND -
Spurgeon
AYES - Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez
Item Nos. 2.3,2.15 and 2.
16 were removed and heard separately. Item No. 2.21 was added as an Urgent Item, and Councilman Murphy
abstained on Item 2.15. The remainder of the Consent Calendar was approved as
recommended.END OF CONSENT CALENDAR PAGE 7
CITY COUNCIL MINUTES April 22, 1997
3. REPORTS FROM MAYOR COONTZ
3.1 Appointments to Ad Hoc Committee on "I.N.S. - Orange Crime Suppression".OR1800.
1. 16)Mayor
Coontz announced the list of nominees recommended by each member of the City Council
to serve on the Committee are as follows: Sgt. John Aguilar, John Aust, Jim Beam,David
Hart, Vicki James, Al Ricci, Fred Smoller, Bob Torres, Shannon Tucker, and Joe Wiseman.
Jim Beam, former Mayor of Orange, will act as Chairman of the Committee. As this creates
an even number of committee members, Mr. Beam will refrain from voting unless there is
a tie vote on the issues addressed by the Committee. There will be a least two non-voting
resource people on the committee - Sgt. Steve Ames from the Police Department and a City Attorney
designee. Others may be called upon by the Committee for information as needed. The goal
of the committee will be to research opportunities, concerns and the implementation of Section
133 of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 advising
the City Council oftheir findings.MOTION -
Mayor Coontz SECOND - Spurgeon
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to accept the
membership of the Committee and a report from the Committee be brought to the City Council
no later than October I, 1997.3.2 Appoint Jonell
Schlund to the Orange Public Library Board of Trustees to replace the vacancy created by
George Gorham, term to expire June 30,1997. (C2500.I)Mayor Coontz recommendedextending
the term through June 30, 2000, as Ms. Schlund would otherwise be filling a
term expiring June 30, 1997.MOTION - Mayor Coontz SECOND -
Slater AYES - Murphy, Slater,
Mayor Coontz, Spurgeon,
Alvarez Moved to appoint Jonell Schlund, term to
expire June 30, 2000.3.3 Update on the Eastern Transportation
Corridor.Mayor Coontz reported Council was extremely pleased
at the unanimous vote of the Board of the Eastern Transportation Corridor Agency to retain the
original landscaping plans and permanent irrigation of the East Orange Interchange. Mayor
Coontz thanked the staff of Public Works and Community Development Departments, Bob Bennyhoff, editor ofthe
Foothill Sentry, the local press in attendance, Bob Hahn and Gigi
Samaha of the Santiago Hills Homeowner's Action Committee, the East Orange public at large
including the Orange Park Acres Organizational Committee, Mayor pro tem Slater and Councilman
Spurgeon for lobbying members of the Board, and the Agency Board Members.PAGE
8
CITY COUNCIL MINUTES April 22, 1997
4. REPORTS FROM COUNCILMEMBERS
4.1 Request from Mayor pro tem Slater for permission to leave the country from May 5
through 18, 1997.
Mayor pro tem Slater indicated he will be going on a study trip to Israel.
MOTION - Murphy SECOND -
Spurgeon AYES - Murphy,
Mayor Coontz, Spurgeon, Alvarez ABST AIN- Slater
Moved to approve.
NON-AGENDA ITEM
Mayor pro
tem Slater recommended staff return to Council in one month with proposals and options for
the Investment Advisory Committee; indicated that at a recent Study Session Mayor Coontz had
requested that information be gathered on this issue; and expressed concern that it be addressed in
a timely manner.The Finance
Director reported that initial work has been done on a survey to provide comparable information to
Council on what is happening with similar type committees in other Orange County cities.
The survey could be made available to Council within the next week with recommendations to
Council within two weeks.MAYOR PRO
TEM SLATER STATED FOR THE RECORD - "This is important and we need oversight continuously since investments
are constantly being made."Councilman Murphy recommended
from a procedural standpoint to review the Committees and Commissions with terms
to expire, indicating the terms of the Orange Park Acres Planning Committee had expired
in February.Mayor Coontz commented
there is a need to confer with Supervisor Spitzer regarding the expired terms of the
Orange Park Acres Planning Committee, indicating she has not had the opportunity to discuss the
issue with him. The direction of the Committee has not been followed the way the Committee was ordained
in the late 1960's, as two County representatives are to be appointed by the Supervisor.5.
REPORTS FROM
BOARDS, COMMITTEES, AND COMMISSIONS - None PAGE 9
CITY COUNCIL MINUTES April 22, 1997
6. ADMINISTRATIVE REPORTS
6.1 Report from the Director of Public Works on the removal of on-street parking
on both sides of Collins Avenue to Handy Street for the installation of left-turn
lanes needed for signalization of the intersection of Handy/Collins. (Continued from April
8, 1997).The Director of Public Works presented an overview of the appeal of the Traffic
Commission's recommendation. Collins Avenue is classified a secondary arterial highway on
the County Master Plan of Arterial Highways and on the City's Circulation Element ofthe General
Plan and is a four-way roadway, substandard in width (56 feet curb to curb). The
area available for parking on the north side of Collins Avenue, west of Handy Street, is only 6 feet
in width. The location of Handy/Collins meets six of the eleven warrants utilized in determining
the need for traffic signals. The unbalance in traffic volumes, approximately 14,000 vehicles a
day on Collins Avenue and 5,000 vehicles a day on Handy Street, makes the current
four-way stop inefficient and contributes to congestion in the intersection. The recommended option is
to install a 2-Phase signal with left turn pockets on Collins Avenue, which offers
the most efficient and safest method of signalizing the intersection. The option has the
disadvantage of requiring the removal of parking on the Collins Avenue approaches to the intersection,
approximately
300 feet in each direction.The three options reviewed
for signalization are as follows:AL TERNA TIVE 1: 2- PHASE SIGNAL WITH LEFT
TURN POCKETS ON COLLINS AVENUE ALTERNATIVE 2: 3-PHASE (SPLIT PHASE) SIGNAL WITH
NO
LEFT TURN POCKETS ON COLLINS AVENUE ALTERNATIVE 3: 2-PHASE SIGNAL
WITH NO LEFT-TURN POCKETS ON COLLINS AVENUE In response to Council's concerns, the Director
of Public Works reported that the crossing guard would remain at the location for pedestrian
safety. The roadway width on Collins Avenue would not accommodate bike lanes. Further
concerns raised by Councilmembers were the potential of increased speeds on Collins
Avenue, safety issues, and the left turn lanes.The Traffic Engineer explained the peak hour
volumes on Collins Avenue and the side streets increased, which meets the warrant of interruption
of flow on the arterial street. There are approximately
80 cars making
left turns during peak hours.
SPEAKING IN OPPOSITION:Mark Levy,
2441 E. Collins Michael Cross,
2603 E. Collins Russell Monroe,
2505 E. Locust Maggie Duerr, 2537 E. Collins Phillip Duerr, 2537
E. Collins (presented card but did not speak)Barbara Bohlman, 2701
E. Collins (
CITY COUNCIL MINUTES April 22, 1997
6. ADMINISTRATIVE REPORTS (Continued)
SPEAKING IN FAVOR OF THE TRAFFIC SIGNAL (BUT OPPOSED TO THE LEFT TURN LANE):
Jan Naylor, 804 N. Fern Street
Cindy Spencer, 930 N. Handy
Susan Parker, 2226 E. Mayfair Avenue
Mayor Coontz indicated the following individuals called IN SUPPORT ofthe signal installation:
Carolyn Stringfellow, 2206 E. Locust Avenue
Mr. and Mrs. Kevin Adle, 2126 E. Locust
Mr. and Mrs. Scott Tredo, 2737 E. Monroe
Mr. and Mrs. Dave Patterson, 2125 E. Locust
Clara Harnett, 2720 E. Monroe
Diane Brucher, 2302 E. Monroe
ALL RESIDENTS AGREED ON THE FOLLOWING:
Pedestrian (children) safety
No left turn lane
Retaining the crossing guard.
The following categorized issues were discussed:
SAFETY ISSUES
Pedestrian (children) safety
If the signal is installed, request that No Left Turn Lane be installed in order for the residents
living on Collins to retain a 10 ft. (sic) parking lane in front of their homes which will allow
them to safely back out oftheir driveways.
A blinkin~ red light be used during non-peak hours (8 p.m. to 6 a.m.) so residents can
cross
safely.Retain the Crossing Guard/Crossing Guard
Policy Contact Orange Unified School District concerns on safety
issues TRAFFIC
FLOW Increase of speeding traffic on Handy St. between Collins
and
Katella..Increase of traffic on arterial
streets.Traffic
noise.Police Department enforcement of speed limits on Collins, Handy and the surrounding
area.Traffic signal working at all
hours.The definition of a secondary arterial
roadway.Review the frontage of houses that have parking removed and residents being able to get
in and out of their
driveways.Stop signs needed at Monroe or Jackson intersections on Handy
Street.PAGE
CITY COUNCIL MINUTES April 22, 1997
6. ADMINISTRATIVE REPORTS (Continued)
The Police Chief and Fire Chief be prepared to address all issues of concern and the use of
main thorough fares when responding to emergencies.
No left turn for west bound traffic on Katella at Wanda, Handy and Sacramento Streets from
7:00 a.m. to 9:00 a.m., the Crossing Guard can put cones up to cross the kids keeping the
traffic flow off Handy/Wanda coming offprimary roads back on to secondary roads.
From 8:00 p.m. to 6:00 a.m. or earlier, signal should go back to flashing red light because of
the peak commuter traffic.
SPEED HUMPS/BUMPS
Installation of speed bumps on Handy Street from Katella to Walnut Streets.
Use of cones and speed bumps to deter speeding.
Speed humps and the effect on emergency vehicles - Police and Fire Chiefs to respond.LAND
USE City'
s intention approximately 4 years ago to put Walnut Street through in order to relieve traffic
on Collins - has never been done.Beazer Homes
has Walnut Street going through on their map.Beazer Homes
is proposing to construct 131 more homes, as well as other developments in east Orange
contributing to increased traffic on Collins Avenue which is maxed out.Consideration to
put Prospect Street through.Collins Avenue
is 54 ft. in width; was constructed in 1956 and should have been constructed to comply
with the General Plan.BIKE LANE
The effect
each alternative would have on proposed bike lanes if Collins Avenue is on the Master Plan
of Bike Trails.Need for
bike lane - No left turn lane Mayor Coontz requested
the Director of Public works to return to Council with a report that focuses on residents
areas of agreement as well as answering specifically all incidental issues that are of concern.
The City Clerk was instructed to categorize the issues.MOTION - Mayor Coontz
SECOND - Murphy AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved to continue this issue to
June 10, 1997.6.2 Treasurer's report for
the period ending March 31,1997. (C2500.F)The Finance Director reported the Cash
and Invested Balance was $112.4 million; cash disbursement exceeded cashreceipts by approximately $
1.4 million; and the semi-annualdebt service payments of $2 million
accounted for the net outflow of funds, which was moderated by PAGE 12
CITY COUNCIL MINUTES April 22, 1997
6. ADMINISTRATIVE REPORTS (Continued)
large permit fees received. One investment matured and the proceeds were used for cash flow
purposes. At the end of March, the Local Agency Investment Fund Balance was $13.1 million.
The Portfolio Yield to Maturity was 5.48%. The Market Value as a percent of Portfolio was
98.85% of book value. The Portfolio Weighted-Average Time to Maturity was1.37
years.7. REPORTS FROM CITY
MANAGER MOTION - Murphy
SECOND - Mayor Coontz AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
receive and file the report.7.1
Report regarding residential solid waste fees. (C2500.M.1)The City
Manager reported Council approved a ten year agreement with the County of Orange for landfill
disposal services at a very favorable rate of $22 per ton. This rate reduction, to take effect on
July 1, mayor may not mean a rate decrease to City customers.Last week,
City staff began circulating a request for proposals for consultant services to assist the City in
developing, among other things, a proposed rate structure which meets multiple objectives, including
conformity with Proposition 218. After the various consultants submit their responses to
the City's RFP by May 15th, staff will bring the recommended consultant to the City Council
for approval. In advance of this study, the City Manager would be hesitant to speculate on
the future of trash pick up and recycling processing rates, but would point out that there are
many other factors aside from landfill disposal rates which affect City customers'overall rates.
One of the most important of these factors is the requirement of state law, contained in AB
939, to divert 25% of our trash from landfills. This requirement increases to 50% in the year 2000.
The City's solid waste disposal and recycling processing contractors have proposed to City
staff a program, which includes significant capital costs, to meet our AB 939 diversion requirements. Staff,
with the assistance of the selected consultant, will be analyzing these proposals, and
returning to the City Council with recommendations in the coming months.Council was
provided with a one page summary showing a ten year history of residential trash pick up
and recycling processing rates. (On file in the City Clerk's office). The City's present rate structure
for residential service includes a component for paying, after recycling diversions,a County
landfill rate of $22.75 per ton.The City
did not raise its residential rates when the County increased its rate to $35 a ton, nor did we make
any rate adjustment when the County reduced its rate to $27 a ton. The City's rate structure has
remained based on the County rate of 1991, when it was $22.75 a ton. City staff is not proposing
any trash pick up or recycling processing rate changes at this time as a result of the new gate
fee contract we have with the County. This contract, and other factors, will be taken PAGE 13
CITY COUNCIL MINUTES April 22, 1997
7. REPORTS FROM CITY MANAGER (Continued)
into consideration in an overall rate study which, pending Council approval of the consultant
contract in the coming weeks, will help provide the City Council will sufficient data on which to
base important rate-making
decisions.Discussion: Carole Walters, 534 N. Shaffer, expressed concern that the solid waste fees
could increase; asked if the fee would be on the water bill or property tax; and indicated that
residents in the City are helping the City meet the 50% requirement to divert trash from the landfill
and continue to have to pay the recycling
fee.The City Manager responded the fees are a part of the sanitation and water bill; a rate increase
is not proposed at this time; and the only cost that would be involved is the actual cost of
service.MOTION - Murphy
SECOND - Spurgeon AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
receive and file the report.8. LEGAL
AFFAIRS 8.1
ORDINANCE NO. 9-97 An
Ordinance of the City Council of the City of Orange upholding the recommendation of the
Planning Commission and approving amendment to the Serrano Heights Specific Plan upon
property located northeast of the easterly terminus of Serrano Avenue. Zone Change 1183-
96, California Quartet, A California Limited Partnership (21500.0 ZCG-
1183-96)MOTION -
Slater SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
that Ordinance No. 9-97 be adopted and same was passed and adopted by the preceding
vote.
8.2 ORDINANCE NO. 10-
97 An Ordinance of the City Council of the City of Orange approving second amendment
to Development Agreement No. 1-88 between the City of Orange and California
Quartet, a California Limited Partnership, as successor-in-
interest to Woodcrest Development,Incorporated. (
A2100.0 AGR-
1416.2)MOTION -
Spurgeon SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz,
Spurgeon, Alvarez
CITY COUNCIL MINUTES April 22, 1997
8. LEGAL AFFAIRS (Continued)
Moved that Ordinance No. 10-97 be adopted and same was passed and adopted by the
preceding
vote.8.3 ORDINANCE NO.
11-97 An Ordinance of the City Council of the City of Orange amending Section 12.12.
060 and deleting Section 12.12.070 ofthe Orange Municipal Code regarding
maintenance and repair of sidewalks, bikeways, curbs and gutters and trails. (
A2500.0)Carole Walters, 534 N. Shaffer, requested the Ordinance be removed from the agenda
to allow time to talk with the City Manager; expressed concern that the Ordinance holds
the property owner responsible for the sidewalks, parkways trees, bike trails, etc.; that the City does
not help residents with sewer damage caused by City trees; and indicated the Ordinance
should address the City'
s responsibility.The City Attorney responded the Ordinance reduces property owner liability
making property owners liable for property damage they cause. The City's liability is governed by
State law.Adele Graves, (address on file), expressed concern that property owners be made
aware ofthe immediate cost to them and asked if the City will be fixing the existing sidewalks and
curbs that are damaged by tree roots to
start afresh.The Director of Public Works explained the ordinance does not deal with the issue
of sewer damage caused by City trees. The intent of the Ordinance is to relieve the property
owners of responsibility for repair of sidewalk unless the sidewalk is damaged as a result of actions
of the property owner or a private street tree's roots that lift the sidewalk. The City is
actively repairing sidewalks, curbs and gutters that are damaged by trees through a
contracted service.MOTION -
Murphy SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
that Ordinance No. 11-97 be adopted and same was passed and adopted by the preceding
vote with the recognition that the Ordinance actually does limit the liability ofthe property
owner.
MOTION - Mayor Coontz SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to request
the Public Works Department review the policies of the City of Orange regarding disagreements with
property owners, the present policy, and make recommendations to the City Council
regarding changes that need to be made with respect to Ordinance No. 11-97.PAGE 15
CITY COUNCIL MINUTES April 22, 1997
9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
10. ORAL PRESENTATIONS
Jesse Thompson, 11591 Donna Lane, Garden Grove, shared pictures with Council of a bicycle
accident he was involved in west on Chapman under the 1-5 Freeway caused by a
dangerous condition, indicating support of Ordinance 11-97 and requested
its continuance.Carole Walters, 534 N. Shaffer, requested an opinion from the City Attorney on the
Brown Act as it relates to three Councilmembers attending a community meeting; expressed
concern and opposition to parking meters in Old Towne; and requested parking meters in
the Chapman University and Orange High
School area.The City Attorney indicated to Ms. Walters that he would need more information on
her question relative to the
Brown Act.
11. RECESS NOTE: THE CLOSED SESSION WAS CONTINUED UNTIL AFTER THE 7:00
P.
M.SESSION.The City Council recessed to a Closed Session at 7:55 p.m. for the
following purposes:a. Public Employee discipline, release and dismissal pursuant to Government
Code
Section 54957.b. To consider and take possible action upon such other matters as are orally announced
by the City Attorney, City Manager, or City Council prior to such recess unless the motion
to recess indicates any of the matters will not be considered in
Closed Session.7:00 P.
M. SESSION NOTE: THE CITY COUNCIL RECESSED AT 7:10 P.M. AND RECONVENED AT 7:17
P.M.12.
1 INVOCATION Reverend Joseph Magliato, Son Light
Christian Church 12.2 PLEDGE OF ALLEGIANCE TO
THE FLAG Led by
Mayor Coontz 12.3 ANNOUNCEMENTS -
None 12.4 INTRODUCTIONS - None
12.5 PROCLAMATIONS - None 12.
6 PRESENTATIONS - None PAGE 16
CITY COUNCIL MINUTES April 22, 1997
13. PUBLIC HEARINGS
13.1 APPEAL NO. 436; VARIANCE NO. 2024-96; CHEVRON USA
PRODUCTS COMPANY,
INC.Time set for a public hearing on petition by Chevron USA Products Company, Inc. to appeal
the decision by the Planning Commission on January 20, 1997 denying Variance No. 2024-
96 to allow a second freestanding sign at a height of35 feet, which exceeds the city's
sign ordinance limits on the height (15 feet) and the number of signs (1) that may be permitted at
the automotive service station. The applicant is requesting a sign height of 40 feet. Approval of
this proposal would require that the city waive limits on: (1) the number of ground mounted
signs permitted on the property (1 sign, maximum), and (2) a maximum height of 15 feet. The
property is located at 1940 E. Katella Avenue, adjacent to the Costa Mesa Freeway. (A4000.
0 APP-436)NOTE: This project is categorically exempt from the provisions of
the California Environmental Quality Act (CEQA) pursuant to Section 15311 ofthe
State CEQA Guidelines.THE APPELLANT STATES THE FOLLOWING REASONS
FOR THE APPEAL:On behalf of Chevron USA, I would like to appeal the Planning Commission's
decision on this variance case to the City Council for further consideration. Chevron is interested
in pursuing a variance to install a 40' tall, 78 SF freeway sign. In our opinion, this property
should have equal access to freeway generated business as do other surrounding commercial
property owners with freeway oriented signs. The request for additional height on this sign is due
to the super-elevated nature of the freeway adjacent to the property. Additional plans will
be submitted supporting our position. We would like the City Council to take these facts into
account
when reviewing this appeal."Mayor Coontz reported a letter was received from RF A on behalf
of Chevron, USA, requesting the formal
withdraw of the appeal.MAYOR COONTZ
OPENED THE PUBLIC HEARING.THERE BEING NO SPEAKERS, MAYOR COONTZ
CLOSED THE PUBLIC
HEARING MOTION - Spurgeon
SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon,
Alvarez Moved to accept the applicants withdraw ofthe
appeal.PAGE
CITY COUNCIL MINUTES April 22, 1997
13. PUBLIC HEARINGS (Continued)
13.2 1997-98 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AND HOME INVESTMENT PARTNERSHIPS ACT
PROGRAM:Time set for a public hearing to consider the 1997-98 Community Development
Block Grant CDBG) and Home Investment Partnerships Act (HOME) Programs. The purpose
ofthe public hearing is to approve the 1997-98 CDBG and HOME Programs. The City
is proposing toallocate approximately $1,443,000 of 1997-98 CDBG funding and $509,
310 of carryover CDBG funding to a variety of community development activities. The carryover
from prior years is attributed to lower amounts being bid on capital projects. It is
also proposed that approximately 414,000 in HOME funding be allocated for housing
development and rental rehabilitationactivities. (
C2500.G.1.3)The Housing Manager presented an overview of the CDBG Program
and acknowledged the work of the Community Development Block Grant Citizens
Committee members and introduced Chairman, Harry St. George. The total amount requested for funding was $2.2
million; only $1.9 million was available for allocation. The base entitlement amount for CDBG is $1,
446,950 and a carryover was available that was provided from prior years.
The Home Investment Partnerships Act Program would allocate funds for multi-
family acquisition rehabilitation and construction projects. The recommendations made by the Committee
are based on Council priorities established over the years which is to primarily
benefit Orange residents, low-income residents RUD's requirement) and that different agencies be funded over a time.
The policy is to assist as many non-profit agencies as possible without a
duplication of
effort by agencies performing
the same
servIces.
1997/98
FUNDING
REQUESTS AMOUNT
OF REOUEST
COMMITTEE FUNDING
RECOMMENDATIONS Administration Activities CITY DEPARTMENTS Economic Development
Administration and Contingency 268,620 268,620 Fair Housing Council of Orange County (
Fair Housing Program)19.980 19.
980 TOTAL ADMINISTRATION
288,600
288,600 Public Service
Activities CITY DEPARTMENTS Community and Library Services EI Camino ParkIProspect School/Killefer
Park Community
CITY COUNCIL MINUTES April 22, 1997
13. PUBLIC HEARINGS (Continued)
Fire
Fire Prevention Specialist - Code EnforcementlPublic Education Police
Footbeat
Officer Graffiti
Diversion Program 60,
000 60,
000 20.
000 170,
000 PublicServiceCityDepartmentsSubtotalNON-
PROFIT AGENCIES
American Lodging
Job Training
Assessment and Treatment Services Center
40,000
Youth Counseling
Assistance League of Orange
Operation School Bell (Purchase of School Clothing)
Community Service Programs, Inc.
CSPlDrug Court Clinic Orange County
Council of Orange County, Society of St. Vincent de Paul
Friends Outside Job Program
Dayle McIntosh Center for the Disabled
Emergency Shelter & Assistance Program
Episcopal Service Alliance
Program & Housing Developer for Beacon & Martha Houses
Food Distribution Center
Driver Salary and Benefits
Hart Community Homes, Inc.
Youth Activity Fund for Children in a Group Home
Homeward Bound (O.c. Homeless Issues Task Force/OCEAN)
ReceptionlClerical/ Administration Salaries & Benefits (Part-time
Position)19,
000 6,
000 9,
000 12,
500 6,
000 20,
000 20,
710 4,
520 10,
000 50,
310 60,
000 160,
310
0-
0-4,
000 9,
000
0-6,
000 17,
450
0-
0-
0-PAGE
CITY COUNCIL MINUTES April 22, 1997
13. PUBLIC HEARINGS (Continued)
Interval House
Battered Women's Shelter
Lestonnac Free Clinic
Salaries for Secretary & ClericallMedical Aide
Mariposa Women's Center
Family Counseling
Operation Clean Slate
Graffiti Removal and Mural Painting
Orange County Council on Aging
Long Term Care Ombudsman Service
Orange YMCA
Teen Programs at Portola Middle School
7,000
33,600
25,000
15,000
5,000
8,000
STOP-
GAP Therapeutic Drama Workshops for Orangewood
Residents Turning Point for
Families Youth and Family
Counseling YWCA of Central Orange
County Y -Teens at the Knolls
Program 1,
000 28,
0009.
500 279.
830 449,
830 Public Service Non-
profits Subtotal TOTAL PUBLIC
SERVICE ACTIVITIES Public Facilities and
Improvements Activities
CITY DEPARTMENTS Community and
Library Services ADA Improvements - Main
Library Senior Center
Improvements Public
Works Street
Lights 250,
000 200,
000 250,
000 5,
000
0-
0-
0-5,
000 4,
000 1,
000 5,
000
0-56.
450 216,
760 250,
000 200,
000 250,
000 PAGE
CITY COUNCIL MINUTES April 22, 1997
13. PUBLIC HEARINGS (Continued)138,420 122,220
ADA Improvements-Curb Ramps (various
locations)Street Reconstruction
Projects Adams - Tustin Street to 1,000 ft. east
Emerald Drive - Cherry Drive to Walnut Avenue Wayfield
Street - Palm Avenue to Walnut Avenue Mt. Vernon
Avenue - Wayfield Street to 150 ft. e/o Park Lane Park Lane - Sycamore
A venue to Mt. Vernon Avenue Martha Avenue - Park Lane
to 300 ft. east Public Facilities and Improvements City
Departments Subtotal NON-PROFIT AGENCIES 147,500
147,500
81,500 81,500
173,080 173,080
67,850 67,850
88,200 88,200
40.700 40.700
1,437,250 $1,
421,050 Hart Community Homes, Inc.
Interior painting of Two
Group Homes Helping Our Mentally III
Experience Success, Inc. (H.O.M.E.S.)Rehabilitation of the Riley
House Olive Crest Homes and
Services for Abused Children Acquisition of Group Homes
Orange Children and Parents
Together, Inc.Purchase & Installation of Playhouse
for Non-ambulatory Children Public Facilities and
Improvements Non-profits Subtotal TOTAL PUBLIC
FACILITIES AND IMPROVEMENT ACTIVITIES GRAND TOTAL
OF ALL REQUESTS 1,200
1,200 4,900
4,900 25,000
15,000 4.800
35.900
1,473,
150 2.211.
580 4.800
25.900
1,446,
950 1.952.
310*Includes $1,
443,000 1997-98 CDBG entitlement funding and $509,310 in reprogrammed prior year carryover.PAGE
21
CITY COUNCIL MINUTES April 22, 1997
13. PUBLIC HEARINGS (Continued)
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Melinda Guinaldo, Executive Director of Assessment and Treatment Services Center, 781 N.
Carhart Avenue, Fullerton, expressed disappointment that the Center was not recommended for
funding this year and requested Council to reconsider.
The Housing Manager commented a letter was received from Orange Unified School District
letter on file in the City Clerk's office) indicating that OUSD is not funding the position for the
Assessment and Treatment Services Center (ATSC).
Harry St. George, 478 S. Wellington, Chair ofthe CDBG Citizens Committee, indicated the
committee's focus is to assist people with their housing needs as well as food supplies.
Barbara Filippone, on behalf of Community Service Programs, CSPIDrug Court Clinic, 16842
Yon Karman, #425, Irvine, thanked the Council for their support and the Committee for their
recommendation for funding the program. An invitation was extended to Council to attend a
graduation ceremony this summer.
Beverly Nestande, on behalf of Olive Crest, 1800 E. Heim Avenue, thanked Council for their
support; commented this month is National Child Prevention Month; and indicated that Olive
Crest is looking for volunteers.
Rich Pfeiffer, on behalf of Friends Outside, 1603 E. Palmyra, expressed disappointment that
Friends Outside has not been recommended to received funding.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
MOTION - Murphy SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
the proposed City of Orange 1997/98 Community Development Block Grant CDBG) Program as
detailed in the Staff Report, Attachment 1.MOTION - Murphy SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved to authorize staff to request
and receive $1,443,000 in 1997/98 CDBGfunding from the United States Department of Housing and
Urban Development (RUD), and reallocate carryover from prior years in the amount
of $509,310 for a total Fiscal Year 1997/98 budget of$1,952,31O.PAGE 22
CITY COUNCIL MINUTES April 22, 1997
13. PUBLIC HEARINGS (Continued)
MOTION - Murphy SECOND -
Mayor Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to authorize
staff to request and receive $414,000 in 1997/98 HOME Investments Partnerships Act (HOME)
funding from the United States Department of Housing and Urban Development (HUD) for
Fiscal Year 1997/98.MOTION - Mayor Coontz
SECOND - Slater A YES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to recommend that the City
add a new aspect to the evaluation process for the potential use of CDBG funds for both
City and non-profit projects. Any and all City departments provide comments on each ofthe non-
profit applicant's funding requests. These comments may be both supportive or negative, based
on the department's experience with the success or shortcomings of the programs or projects.
These comments would focus on whether the proposed program or project might reduce or
enhance our very limited public resources. The comments would be solicited by the CDBG
administrator and shared with both the CDBG Review Committee and the City Council. In addition,
staff should evaluate all projects the City has funded through CDBG,one year after the
first draw of receipt of funds.14. PLANNING AND ENVIRONMENT -
None 15. ORAL PRESENTATIONS - None NOTE:
THE CITY COUNCIL CONVENED TO
CLOSED SESSION AT 7:53 P.M. AND RECONVENED TO A REGULAR SESSION AT
8:10 P.M.16. ADJOURNMENT MOTION - Murphy SECOND - Spurgeon
AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez The
City Council adjourned at 8: 1 0 p.
m. to an Adjourned Regular Meeting, April 29, 1997 at 4:30 p.m. in the Library Conference Room,
Design Collaborative.I 1 t.>~ L~/~~-/.'4 JO COONTZ WYOR PAGE
23