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01-23-1996 Council MinutesAPPROVED BY TH~ CiTY COUNCiL CITY COUNCIL MINUTES OF A REGULAR MEETING ON F~BRUARY 13, 1996. ORANGE, CALIFORNIA JANUARY 23, 1996 The City Council of the City of Orange, California convened on January 23, 1996 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 pro tem Fred Barrera 1.2 ROLL CALL PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT - None 1.3 APPROVAL OF MINUTES Regular Meeting January 9, 1996.MOTION - Barrera SECOND - Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.1.4 PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS The Police Chief announced that long-time former Reserve Officer, Stan Oleskiewicz, had passed away following a lengthy illness. He was a former Reserve Officer of the Year and a dedicated individual. A moment of silence was observed in his honor.Resolution No. 8570 was presented to Frank Armendariz of the Orange Water Department expressing appreciation and commending him for more than forty years of loyal and dedicated service. A plaque was presented to Michael Short and certificates of appreciation to others involved with the Tree Lighting Ceremony and Candlelight Choir Procession held on December 17,1995. (C2900. 0)1.5 PROCLAMATIONS - None 2.CONSENT CALENDAR TAPE 559 The items on the Consent Calendar will be acted upon by one roll call vote unless members of the City Council, staff or the public request the item to be discussed and/or removed from the ConsentCalendar for separate action.PAGE 1 I CITY COUNCIL MINUTES JANUARY 23, 1996 2. CONSENT CALENDAR (Continued) 2. I Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of January 23, 1996 at Orange Civic Center, Main Library, Police facility at 1107 North Batavia and the Eisenhower Park Bulletin Board; 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 January 9 and 12, 1996. ACTION: Approved. 2.3 Request Council approve termination ofa contract by mutual agreement (Bid No. 956- 06)awarded to B-1 Enterprise Corporation on September 26, 1995, for the construction of wheelchair ramps at various locations throughout the City. (A2100.0, AGR-2500.1)FISCAL IMP ACT: It is possible that new bids will result in higher or lower costs than the current contract. However, the potential for significantly higher costs not subject to the competitive bidding process will be removed by the termination agreement.ACTION: Authorized the Mayor and City Clerk to sign the termination agreement,release bonds and insurance certificate held by the City and readvertise the project for bids.2.4 Request from Wendy A. Kaelin, 15622 Cully Drive, located in the unincorporated County of Orange, for permission to connect to the City sewer. ( A2100.0, AGR-2539 FISCAL IMP ACT: None. All costs for connection are paid by the property owner, and a sewer maintenance fee is billed bi-monthly.ACTION: Authorized the Mayor and City Clerk to execute agreement on behalf of the City. 2.5 RESOLUTION NO. 8554 A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 95-10 adjusting a Lot Line of certain real property situated at 3325, 3335, and 3445 E.Chapman Avenue. (C2500.M. 16.1 , LLN-95-10)Record Owners: Albertson's Inc., and Mac Davis, Trustee of the l CITY COUNCIL MINUTES JANUARY 23, 1996 2. CONSENT CALENDAR (Continued) 2.6 RESOLUTION NO. 8574 A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 95-2 adjusting a Lot Line of certain real property situated at 7414 and 7418 E.Grovewood Lane. (C2500.M.16.1, LLN-95-2)Record Owners: Lawrence B. Collins, Trustee of the Collins Family Trust, and Jack R. and Lynnda Sweeney.ACTION: Approved.REMOVED AND HEARD SEP ARATEL Y)2.7 Request Council approve the Joint Agreement for the implementation and operation of the Orange County 800 Megahertz Countywide Coordinated Communications System revised December 15,1995). (A2100. 0, AGR-2415.1)FISCAL IMP ACT: The City's share of this project is approximately $ 2,611,932 which will be paid over the next five years. The first payment of $275,728 is due during this fiscal year and has been budgeted in the Police Department's budget using Proposition 172 and General Fund revenues. Future payments will be addressed during annual budget presentations or as a part of a countywide financing agreement.The City Attorney recommended inclusion of a finding that approval of the agreement and amendment to conditions of acceptance would supersede any action taken by the Council on June 13, 1995.Mayor Coontz indicated a question was received from Barbara DeNiro, 1118 E. Adams,who requested a brief overview of the 800 Megahertz (MHz) System.The Police Chief explained that for several years the City Managers' Association and Chiefs of Police and Sheriff's Association had been working on a County-wide project to replace the existing 460 MHz radio system, which is 10 years beyond its estimated life span. This project is approximately $75 million and will allow paramedics to talk to their dispatch centers from inside a building, a feature which is not available on the present system. In the event of a disaster, the new system will allow police, fire and public works to communicate with each other. The number of radio channels will increase from 14 to 90. Financing has not been finalized; it is hoped for County-wide financing. The cost to the City will be approximately $ 2.7 million. MOTION - Spurgeon SECOND - Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Authorized the Mayor and City Clerk to execute the agreement with the amendment finalized on January 19, 1996, on behalf of the City including the finding that approval of the agreement would supersede any action taken by the Council on June 13, CITY COUNCIL MINUTES JANUARY 23, 1996 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELY) 2.8 Request Council approve an amendment to the Memorandum of Understanding with David Rudat to perform the duties of City Manager on an interim basis by extending the term through March 12, 1996. (A2100.0, AGR-2501. 1)FISCAL IMP ACT: None. Sufficient funds have been budgeted to cover this extension.Mayor Coontz indicated a question was received from Barbara DeNiro, 1118 E. Adams,who inquired why the Memorandum of Understanding was extended.The City Attorney explained that the Memorandum of Understanding (MOU) provided for the services of David Rudat as Interim City Manager. The original MOU was for four months with a provision for extensions. This MOU will provide for a two- month extension.MOTION - Barrera SECOND - Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Authorized the Mayor and City Clerk to execute on behalf of the City.REMOVED AND HEARD SEP ARATEL Y)2. 9 Request Council approve the Uniform Bail Schedule for submittal to the Orange County Municipal Court. (A25oo.0)FISCAL IMP ACT: The percentage of reimbursable revenue will increase to the City generated from bail forfeiture and fine collection by the Municipal Court.Mayor Coontz asked about the previous bail schedule. The Police Chief indicated that the bail schedule would not be increased; however, additional sections and associated costs were included in the schedule, such as the unwarranted use of 911 and graffiti.MOTION - Murphy SECOND - Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.2.10 Request authorization to approve a Homeowner Participation Program Grant and authorize the Finance Department to prepare a warrant in the amount of $2,000.00.C25oo.G. 1.3. 1)FISCAL IMPACT: Funds are available in Homeowner Participation Program Account No. 316-6053-427800- 1221. Case Number 603.ACTION: Approved.PAGE 4 I-- n- . CITY COUNCIL MINUTES JANUARY 23, 1996 2. CONSENT CALENDAR (Continued) 2.11 Request authorization to approve a Homeowner Participation Program Grant and authorize the Finance Department to prepare a warrant in the amount of $2,000.00. C25oo.G. 1.3. 1) FISCAL IMP ACT: Funds are available in Homeowner Participation Program Account No. 316-6053-427800-1221. Case Number 598.ACTION: Approved.2.12 RESOLUTION NO. 8572 A Resolution of the City Council of the City of Orange consenting to the approval of an Affordable Housing Agreement between the Orange Redevelopment Agency and the Orange Housing Development Corporation regarding 131 East Walnut Avenue and 143 East Walnut Avenue and making certain findings. ( A21oo.0, AGR-2538)ACTION: Approved and authorized the Agency Board to approve the transfer funding in the amount of$283,930 from Housing Set-Aside Funds 915, 951, and 961 to Housing Loan Account Number 913-0000-310100 for the purposes set forth in the Affordable Housing Agreement.2.13 Request from the Old Towne Orange Merchants Association to hold the 23rd Annual Antique Faire on February 17, 18, 19, 1996 from 10:00 a.m. to 6:00 p.m. (p1300.0.9)FISCAL IMP ACT: None. All fees will be paid.ACTION: Approved.REMOVED AND HEARD SEP ARATEL Y)2.14 Approve and authorize the award of Bid No. 956-21, three Full Size DRW-Cab and Chassis, two Utility Vehicles, three 1/2 Ton Pickup Trucks and one 3/4 Ton Pickup Truck, to Villa Ford, Orange CA, in the amount of $170,838. 00 and reject all other bids.A21oo.0, AGR-2540)FISCAL IMPACT: There are sufficient funds in Account No. 720-5023-472102 (Vehicle Replacement Fund).Mayor Coontz indicated a question was received from Barbara DeNiro, 1118 E. Adams,who inquired about which departments will use the vehicles.The Finance Director itemized the following: one-ton caband chassis--(l) Public Works,1) Water Division and (1) Community Services; 1/2-ton pick-up--(l) Community Services and (2) Water Division; 3/4 ton pick- up--( CITY COUNCIL MINUTES JANUARY 23, 1996 2. CONSENT CALENDAR (Continued) MOTION - Barrera SECOND - Coontz AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.2. 15 Request approval of a Housing Accessibility Program Grant and authorize the Finance Department to prepare a warrant in the amount ofS1,5oo.oo. (C2500.G.1.3.4)FISCALIMP ACT: Funds are available in Housing Accessibility Program Account No.316-6053-427800- 1222. Case Number 599. ACTION: Approved. 2.16 RESOLUTION NO. 8579 A Resolution of the City Council of the City of Orange calling for the formation of a project area committee for the proposed third amendment to the Southwest Redevelopment Project Area and adopting procedures for formation of the project area committee. (R3500.0.6) ACTION: Approved. 2.17 CLAIM FOR DAMAGES FROM: (C3200.0) a. Maury Glass FISCAL IMPACT: None. ACTION: Denied claim and referred to City Attorney and Adjuster. 2.18 Request Council approve the proposed amendment to the FoothillJEastern Transportation Corridor Agency Agreement providing for a uniform method of collecting and remitting transportation corridor development fees and providing for the defense and indemnity of the City against legal actions related to the City's collection of such fees. (A2100.0, AGR- 1147.F) FISCAL IMP ACT: Under the proposed amendment the City will not retain the development fees as long and the interest earned on such fees will decrease. The revenue loss is considered insignificant. ACTION: Authorized Mayor and City Clerk to execute on behalf of the City. MOTION - Spurgeon SECOND - Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater PAGE 6 CITY COUNCIL MINUTES JANUARY 23, 1996 2. CONSENT CALENDAR (Continued) Items 2.7, 2.8, 2.9 and 2.14 were removed and heard separately; all other items on the Consent Calendar were approved as recommended. END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR COONTZ TAPE 837 Mayor Coontz commented that she had requested procedures for tracking the quality of service provided by Cablevision and staff is in the process of preparing such. Approximately one month ago, she requested cancellation of cable service and it has not been cancelled yet. She just received a bill for JanuarylFebruary. This was a good example of the need for a tracking system.4. REPORTS FROM COUNCILMEMBERS - None 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 873 5.1 Accept the resignation of William J. Cathcart from the Planning Commission effective January 8, 1996, and instruct the City Clerk to begin Maddy Act procedures. (C2500.G.2.5.1)MOTION SECOND AYES Murphy Spurgeon Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Accepted resignation with regrets and instructed the City Clerk to begin Maddy Act procedures.5.2 Update from Abandoned Grocery Cart Ad Hoc Committee (ORI800. 1. 11)Mayor Coontz indicated that Mayor pro tem Barrera and Councilman Slater serve on this ad hoc committee. Councilman Slater stated that the committee has been working on bringing closure to this issue. He was happy with the effort put forth by the grocery industry and reported that four ordinances will be ready for Council consideration on February 13, 1996.The Police Chief reported that the Police Department picked up shopping carts when the shopping cart retrieval service had gone out of business. The majority of carts did not belong to grocery stores but to other businesses. Cooperation from the grocery industry and cart retrieval services is due to the fact that they do not want the proposed ordinances to be enacted; however,the Chief felt the ordinances should go forward and enforcement can by controlled. The ordinances will require businesses having shopping carts to annually file an approved retrieval plan, provide for shopping cart abatement by the City, and prohibit removal of carts from business property. A City hotline has been established which receives 8-10 calls per day. These calls are referred to the cart retrieval service which has committed to removal within 24 hours. A public awareness campaign has been implemented, including news articles, poster distribution,PAGE 7 I CITY COUNCIL MINUTES JANUARY 23, 1996 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued) information in water billings, and a public service announcement on cable. Two cart retrieval services have committed to being proactive within the City's problem areas; however, the services can only pick up carts for businesses with which they hold a contract. Mayor Coontz asked about design of a system for new grocery businesses so that carts do not leave the premises. The Police Chief said this would be a goal. MOTION SECOND AYES Barrera Slater Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Accepted the report. 6.ADMINISTRATIVE REPORTS TAPE 1192 6.1 Treasurer' s Report for December, 1995. (C2500.F)The Finance Director reported that the City's invested balance was $114.5 million, an increase of 6 million over November due to the property tax payment. LAlF balances are slightly higher but will be reduced by January. The Treasurer's report has been enhanced by including effective rate of return for the month and the year, yield to maturity, benchmark Treasury rates and portfolio average. The report is in compliance with State code and the City's investment policy.MOTION SECOND AYES Murphy Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to accept the report. 6.2 Special Assessment District 95-1, Sycamore Crossing Request Council approve the Bond Indenture, Bond Purchase Contract and the Official Statement for Special Assessment District No. 95-1. The District is generally located west of the intersection of Tustin Street and La Veta Avenue and is named Sycamore Crossing. The total amount of the Bond issue will be $1,200,000.00. (Tlloo.0.l, ASD-95-1)FISCAL IMPACT: Funds sufficient to cover the costs of District formation have been deposited by the developer. An administrative fee will be collected with the annual assessments to fund the continuing administrative costs of the District.The Finance Director reported that approval of the bond documents would include all financing requirements for the district. The value-to-Iien ratio exceeds the minimum standards of 3 to 1.The appraisal of this assessment district indicated an 8.3 to 1 value-to- lien ratio. Infrastructure financed by the City is a small part of the total infrastructure, much of which has been developer-financed. The debt service payments will be paid from assessments levied on the CITY COUNCIL MINUTES JANUARY 23, 1996 6. ADMINISTRATIVE REPORTS (Continued) which will be approximately $675 per year. The City has no liability for debt service payments. Bonds will be underwritten by Stone & Youngberg and should close approximately February 14. Councilman Spurgeon asked for an explanation of the value-to-Iien ratio and the City' s liability.The Finance Director explained that value means the value of the property which is 8.3 times the lien which is $1. 2 million. With regard to liability, the lending institution would usually pay any outstanding assessment; there is a reserve fund of one-year debt service payments; and the final option would be to sell the property.The City Manager commented that value for the bond holders ensures adequate equity in case the property needs to be sold. A study session is being considered to discuss these types of issues.The Finance Director indicated that staff is developing a draft policy for assessment districts. RESOLUTION NO. 8569 A Resolution of the City Council of the City of Orange authorizing issuance of bonds and approving bond documents for a Special Assessment District, AD 95- 1.MOTION SECOND AYES Barrera Coontz Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Resolution No. 8569 as introduced be adopted, and same was passed and adopted by the preceding vote.6.3 Report from the Director of Community Development responding to Council's question about a Design Review Board procedure. (ORI800.0.8. 1)The Community Development Director explained that minor development applications are approved by staff unless an issue merits attention by the Design Review Board. Minor and major applications are defined in the zoning code. Minor applications include 6 units or less and are reviewed by the Staff Review Committee. The committee determines if a project should go before the Design Review Board. Only one project within the last four months has been referred to the board. The criteria for minor applications is related to the California Environmental Quality Act which designates units over six for environmental review.Councilman Spurgeon emphasized that the Design Review Board should be user friendly. MOTION SECOND AYES Coontz Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to accept the report.PAGES 1--- CITY COUNCIL MINUTES JANUARY 23, 1996 6. ADMINISTRATIVE REPORTS (Continued) 6.4 Report from the City Attorney regarding the proposed joint settlement agreement as it relates to the Orange County Bankruptcy. The City Attorney reported that the Cities Subcommittee recommended that the joint settlement agreement be held for receipt of a disclosure statement from the County describing the manner in which funds being withheld are calculated. The information was received this date, but staff has not been able to review it; therefore, a continuance was requested. The Assistant City Attorney indicated that direction is being taken from the Cities Subcommittee, Attorney Paul Glassman and the City Managers' Subcommittee. It is anticipated that most cities will consider this item at the first meeting in February. Under the agreement, the City would receive $1.2 million with the balance of $400,000 paid over 20 years with no interest. The County has agreed to pay pre and post petition interest. MOTION SECOND AYES Coontz Spurgeon Murphy Moved to continue this item to the Council meeting of February 13, 1996.6.5 Report from the Director of Public Works requesting Council appropriate $1,550,000 as an advance from the General Fund to be reimbursed by the Redevelopment Agency to acquire property at the Northwest corner of Main Street and La Veta Avenue needed for street widening and redevelopment purposes. The total cost of the right of way acquisition for both purposes is 2,173,320, of which $623,320 is currently appropriated. (p2500.0.1)FISCAL IMPACT: $623, 320 has been previously budgeted and is available in TSIP Area "B"Funds (Account No. 284-5011-483300-3227). The balance ofSl,550,000 is available for appropriation from General Fund Reserves to Account No. 100-5011-483300- 3227. It is anticipated that the Redevelopment Agency will execute a Cooperation Agreement with the City that provides for the purchase and payment of the remaining property (that which is not necessary for street widening purposes) within 30 days.The Public Works Director explained the purpose of the acquisition. The appropriation is an advance reimbursable by the Redevelopment Agency under a Cooperation Agreement. The Measure M street project design has been completed after a one-year delay due to the County bankruptcy and difficulties with the right-of- way acquisition. This represents a negotiated settlement with the owner of the property for both real property and fixtures and equipment. MOTION SECOND AYES Murphy Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to authorize appropriation CITY COUNCIL MINUTES JANUARY 23, 1996 7. REPORTS FROM CITY MANAGER The City Manager gave an update regarding staff follow-up on various issues presented at the Council meeting ofJanuary 9, 1996. (C2500. E)8. LEGALAFFAIRS 8.1 ORDINANCE NO. 1-96 An Ordinance of the City Council of the City of Orange amending the Chapman College Specific Plan. ( C2300. E) MOTION SECOND AYES Murphy Slater Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance No. 1-96 have second reading waived and be adopted, and same was passed and adopted by the preceding vote. 8.2 ORDINANCE NO. 2- 96 An Ordinance ofthe City Council of the City of Orange amending Section 17.06.020 of the Orange Municipal Code and approving the reclassification of property situated at 404, 420, 428 and 444-460 N. Orange Street. (ZI500. 0, ZCG-1175- 95))Zone Change 1175-95 Chapman University Mayor Coontz recognized the following speaker:Carole Walters, 534 N. Shaffer St., inquired about the property at 490 N. Orange Street and asked ifit was to be included in the ordinance. She noted also that 432 N. Orange was not noted in the ordinance title.The Community Development Director indicated that the sale had been completed and the property was included in the legal description contained in the ordinance.The City Attorney indicated that the map is the controlling portion of the ordinance and does include both 432 and 490 N. Orange Street; however, the title can be amended to include the addresses. MOTION SECOND AYES Barrera Slater Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance No. 2-96 have second reading waived and be adopted, and same was passed and adopted by the preceding vote amending the title to include property located at 432 and 490 N. CITY COUNCIL MINUTES JANUARY 23, 1996 9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10.ORAL PRESENTATIONS TAPE 2071 Carole Walters, 534 N. Shaffer St., asked why Chapman University students closed off the street in the 400 block of North Orange Street to film without a permit. She felt this was wrong; indicated the neighbors were upset and should be notified prior to filming; and suggested Chapman be fined. Ms. Walters also requested a copy of the report relative to the mobile home park situation discussed at the January 9, 1996, Council meeting. The City Manager reported that filming was done without permits and that Center Street was blocked without notice to the City or the Police Department. The Police Department was contacted on Sunday and in turn contacted Chapman legal enforcement who indicated the problem would be addressed. Filming by the class again took place on Tuesday without permits. The City Manager contacted the Office of the President at Chapman in an attempt to reach the Provost. A message was left requesting that Chapman instruct the filming department to cease and desist. The filming was stopped that afternoon. Permits have been taken out subsequently. The Economic Development Director reported that filming was being done by a class of students at Chapman as an assignment. Paperwork was filled out the week prior to filming; however, all information was not received and a permit not issued. Chapman was contacted when it was discovered that filming was being done. The class professor was apologetic and indicated that the students were instructed to follow rules as part of the assignment. In the future, proper procedures will be made clear to students. 11. RECESS MOTION SECOND AYES Murphy Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The City Council recessed at 5:56 p.m. to a Closed Session for the foIlowing purposes:a. Conference with Legal Counsel - anticipated litigation.Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (one potential case).b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:City Negotiator: Personnel Director. Employee Organization: All Employee Organizations (List Available in Personnel Office).c. 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.PAGE 12 CITY COUNCIL MINUTES JANUARY 23, 1996 12. ADJOURNMENT MOTION SECOND AYES Spurgeon Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The City Council adjourned at 6:58 p.m. in memory of Paul H. Cleary, Sr., Chairman ofR J.Noble Construction Company. (C2500.D.5)f!t4J" AAL'..JL~"'dCASSANDRA J. C CART, CMC CITY CLERK a~C. COONTZ ~YOR PAGE 13 1---