08-27-1996 Council MinutesAPPROVED BY THE CITY
CITY COUNCIL MINUTES
OF A REGULAR MEETING
COUNCIL ON SEPTEMBER 10, l~~b.
ORANGE, CALIFORNIA
August 27, 1996
The City Council of the City of Orange, California convened on August 27, 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
Mayor Coontz
1.2 ROLL CALL
PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT -
None 1.3
PRESENTATlONS/ ANNOUNCEMENTS/ INTRODUCTIONS Councilman Spurgeon
apologized and thanked members of the staff and Council for their patience in
disruptions that were caused by events that had taken place over the past two weeks relative
to the court ballot issue. He further stated that he would not be seeking reimbursement of
court costs or attorney fees from the City of Orange. In addition, he expressed his
utmost confidence in City Clerk Cassie Cathcart. The judge ruled that there were honest
interpretation errors on the part of everyone concerned and good faith was exercised.Carrie
Hummel
and Phil Hummel, who was unable to be present, 2950 E. Shady Forest Lane, Orange,
co-chairs for the 1997 Gogh Van Orange, announced the plans for the Chamber
of Commerce sponsored 1997 Gogh Van Orange event to be held on May 3 and 4,
1997 and presented the Council with their Mission Statement. (C2l00.0)Scott
Parker, 158 Monterey Road, Orange, presented Certificates of Appreciation to City staffthat
helped with the 1996 Gogh Van Orange event.The
Director of Community Development introduced the City's new Building Official,Kevin
Shear.1.
4 PROCLAMATIONS 2.
CONSENT CALENDAR 2.
1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda
of a regular meeting of August 27, 1996 at Orange Civic Center, Main Library,Police
facility at 1107 North Batavia, 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.Page
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CITY COUNCIL MINUTES August 27, 1996
2. CONSENT CALENDAR (Continued)
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 August 9, 13, 15, 1996.
ACTION: Approved.
REMOVED AND HEARD SEPARATELY)
2.3 Request Council approve City Council Minutes, Adjourned Regular Meeting, August 6,
1996, Regular Council Meeting, August 13, 1996 and Adjourned Regular Meeting,
August 20, 1996.
MOTION - Barrera SECOND -
Coontz A YES -
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to approve
the City Council Minutes, Adjourned Regular Meeting, August 6,1996 and Adjourned
Regular Meeting, August 20,1996.MOTION - Spurgeon SECOND -
Murphy A YES -
Murphy, Barrera, Mayor
Coontz, Spurgeon, Slater Moved to continue the City Council
Minutes, Regular Council Meeting, August 13,1996 to the September 10, 1996
meeting.2.4 Consideration to waive reading
infull of all Ordinances on the Agenda.ACTION: Approved to waive reading in
full of all ordinances on the Agenda.AGREEMENT 2.5 Request Council approve
a
consultant agreement with ITX Stanley, Inc. in the amount of 62,890 to furnish a Pavement
Condition Survey, Surface Distress Assessment and Program Software update of the City'
s Pavement Management System and appropriate 2,890 from Unappropriated Measure M
Fund Reserves to Professional and Consulting Account No. 262-5021-426700. (A2l00.
0 AGR-2663)FISCAL IMPACT: Additional
appropriation of $2,890 from Account No. 262-35000 Measure M
Unappropriated Reserves) to Account No. 262-5021-426700 (Professional
and Consulting Services) is required.
ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.
Page 2
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CITY COUNCIL MINUTES August 27,1996
2. CONSENT CALENDAR (Continued)
APPROPRIATION OF FUNDS
2.6 Request Council take the following actions: a) amend Special Revenue Account 262-
0000-2653000 to reflect additional Measure M Grant Funding of $531,240.00;
b)appropriate $531,240.00 in measure M funds from Revenue Account 262 to
Project Account 262-5011-483399-3432 (Tustin Street at Santa
Ana Canyon Road Street Improvements); and c) approve plans and specifications and
authorize staff to advertise for
bids. (S4000.S.7)FISCAL IMP ACT:. Funds are available and proposed to be
budgeted
in
the following accounts:262-
5011-483399-3432
OCT A "M" Construction
531,240.00 550-
5011-269600-
3422 $
43,760.00 California Private Tollway Corporation ACTION: Approved.BIDS 2.7 Request Council award Bid
No. 967-01 to Soto Company, Inc., Capistrano Beach, CA, in the amount of $69,690.
96 for the landscape maintenance
of seven parks, and reject all other bids. (A2l00.0 AGR-
2662)
FISCAL IMPACT: Funds are budgeted in Account No.1 00-7022-424301 (Landscape Maintenance).
ACTION:
Authorized the Mayor and City Clerk to execute on behalf of the City.GRANT
2.8 Request Council approve a Homeowner Participation Program Grant in the amount of 862.
50 to complete additional repairs on property located at 368 N. Eckhoff Street
and authorize the Finance Department to prepare a warrant. (C2500.G.
1.3.
l)FISCAL
IMP ACT:
CITY COUNCIL MINUTES August 27,1996
2. CONSENT CALENDAR (Continued)
LIABILITY ISSUE
2.9 Request Council approve the participation of various Fire Department members in the
Urban Search and Rescue Task Force in the event FEMA is unable to comply with the
liability, workers compensation, LTD and retirement provisions of the existing
Memorandum of Understanding. (C2500.H)
FISCAL IMP ACT: None, unless an injury occurs.
ACTION: Approved.
RESOLUTIONS
REMOVED AND HEARD SEPARATELY)
2.10 RESOLUTION NO. 8651
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 96-4 adjusting a lot line of certain real property situated at the commercial
center presently known as the Mall of Orange in the City of Orange, County of Orange,
State of California. (C2500.M.16.l
LLN-96-4)Owner: Orange Mall Development Associates
and Shoprop Associates Location: West side of Tustin between
Heim and Meats Discussion: Carole Walters, 534 N. Shaffer, asked why the
Resolution was not handled through the public hearing process and expressed dissatisfaction
with how the Wal-
Mart issue was handled.The Interim City Attorney indicated the Resolution approving
the lot line adjustment does not require a public hearing. The Wal-Mart public hearing
had
been held and
was approved.MOTION -
Barrera SECOND - Slater A YES - Murphy, Barrera, Mayor Coontz,
Spurgeon, Slater
ACTION: Approved.2.11 RESOLUTION
NO. 8680 A Resolution of the City Council of the City of Orange revising the
Conflict ofInterest Code for the City of Orange. (A2500.0 - Conflict
ofInterest)ACTION:
Approved.Page
CITY COUNCIL MINUTES August 27, 1996
2. CONSENT CALENDAR (Continued)
2.12 RESOLUTION NO. 8685
A Resolution of the City Council of the City of Orange expressing appreciation to Gary
Conniff of the Orange Fire Department and commending him for more than thirty years
ofloyal and dedicated service. (C2500.H)
ACTION: Approved.
SPECIAL EVENT
2.13 Request Council approve the request from Holy Family Cathedral Church to conduct the
Annual Parish Fiesta September 27, 28 and 29, 1996 and deny the request for waiver of
fees. (P1300.0.9)
FISCAL IMPACT: Adequate deposits will be retained for City services.
ACTION: Denied waiver offees and approved the event.
UNCOLLECTABLE ACCOUNTS
REMOVED AND HEARD SEPARATELY)
2.14 Request Council approve the write-off of certain accounts receivables. (C2500.J.
l)FISCAL IMPACT: There will be no impact on the budget. Revenue estimates
take into account projections for uncollectible
receivables.Councilman Spurgeon requested a comparison with past years write-
offs of uncollectible receivables and asked what is being done to reduce the amount
of write-off in the future, especially with
paramedic fees.The Finance Director indicated there is a decrease of $68,062 in the amount
of write-off this year, which can be attributed to the use of a firm that specializes in this
type of
revenue collection.Mayor Coontz requested a list of the names of individuals with
uncollectible accounts be attached to the staff report in the future as it has been in
the past.MOTION -
Spurgeon SECOND - Murphy
A YES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION:
Approved.Page
5
CITY COUNCIL MINUTES August 27,1996
2. CONSENT CALENDAR (Continued)
VOTING DELEGATE
2.15 Designate Mayor Coontz as the voting delegate for the League of California Cities
Annual Conference, October 13-15, 1996. Voting alternate Councilmember to
be determined by seniority and availability. (ORI800.0.
12)FISCAL IMPACT:
None.ACTION:
Approved.MOTION-
Spurgeon SECOND-
Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater
Item Nos. 2.3, 2.10 and 2.14 were removed and heard separately. All other items on the
Consent Calender were approved as recommended.
END OF CONSENT CALENDAR
3. REPORTS FROM MAYOR COONTZ - None 4.
REPORTS FROM COUNCILMEMBERS - None 5. REPORTS
FROM BOARDS, COMMITTEES, AND COMMISSIONS 5.1
Accept resignation of William L. Leming from the City Traffic Commission as of August 23,
1996. Instruct the City Clerk to begin Maddy Act requirements. (ORI800.0.l9)MOTION SECOND
AYES
Barrera
Murphy
Murphy, Barrera,
Mayor Coontz,
Spurgeon, Slater Moved to accept the resignation
and directed the City Clerk to begin Maddy Act requirements and send a letter of
appreciation.6. ADMINISTRATIVE REPORTS 6.1
A report will
be presented by the Director of Community Development and Fire Chief Clevenger on swimming pool
barriers. It is recommended Council consider adoption of Ordinance No. 21-96. (
A2500.0)Page 6
CITY COUNCIL MINUTES August 27,1996
6. ADMINISTRATIVE REPORTS (Continued)
The Building Official reported the proposed Ordinance would upgrade the existing City code for
fencing around swimming pools to comply with the Uniform Building Code and pending state
legislation on pool barriers and would only affect newly constructed pools. There are existing
requirements for fencing around the perimeter of the property when a pool is constructed. The
new code requires swinging doors to have an automatic closure with a latching device and
sliding glass doors to have an alarm system that detects when the door is opened. Further, if
there is a fence barrier between the pool and the house, the house would be exempt from the new
requirements.
Councilman Murphy requested the City Manager direct staff to provide an updated list of
activities that require a building permit.
The Director of Community Development indicated a report would be brought to Council within
30 days.
ORDINANCE NO. 21-
96 An Ordinance ofthe City Council ofthe City of Orange, amending Chapter15.44 of the
Orange Municipal Code by deleting said Chapter15.44 in its entirety and substituting therefore
the following new Chapter15.
44.MOTION - Spurgeon
SECOND - Coontz AYES -
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved that
Ordinance No. 21-96 have first reading waived and same was set for second reading by
the preceding vote.6.
2 Treasurer's Report - Period ending July 31, 1996 (C2500.F)The Finance
Director reported the invested balance for the period ending July 31, 1996 was $109 million, approximately $
3.5 millionless than the prior month, which was due to the closing of payments to
end the fiscal year. Additionally, large payments during July included two large debt service
payments for bonds, a semi-annual water replenishment expense, computer purchases,
and large contract payments. At the end of July the Local Agency Investment Fund balance
was $3.6 million and the Portfolio Yield to Maturity was 5.39%. The Market Value for July
was 98.63%, slightly down from 98.7% in June.Councilman
Slater referred to a newspaper article which listed the decline of all the book values of
cities portfolios and asked the Finance Director for her comments in terms ofthe City's returns.
Page
7
CITY COUNCIL MINUTES August 27,1996
6. ADMINISTRATIVE REPORTS (Continued)
The Finance Director responded the article did not address the fact that any agency that invests
highly in treasuries and agencies which are the most secure, with the least credit risk, are most
subject to risks in terms of market value. The City has a large percentage of its portfolio in
bonds, treasuries and agencies which are very secure.
MOTION
SECOND
AYES
Murphy Coontz
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved to
receive and file.6.3
Report from the Director of Public Works relating to water services. (C2500.0)The Water
Utility Chapter of the Municipal Code is proposed for revision after a comprehensive review to
reflect current practices, certain procedural changes, amend and/or clarify certain language and
conform to the requirements of State law. Additionally, the current water fees,rates and
charges information would be removed from the Municipal Code and transferred unchanged into
the City's Master Schedule of Fees and Charges Resolution. The change does not involve
any modification to present water rates or fees.The Director
of Public Works indicated the changes to the Water Utility Section of the Code modifies archaic
language or terms, or adds clarifying language to make the intent of the section clearer. Three
significant areas of change in customer service are:The application
for water services is being revised to delete obsolete and unnecessary items and adds
other items that are necessary for current accounting practices and procedures.Deposits for
residential accounts will remain unchanged but will be further studied. A recommendation will
be brought back to Council later this fiscal year.The current
code requires developers to purchase all materials for water improvements from the City.
These sections will be deleted so that developers would be able to purchase their own materials
in conformance with the water division standards and material specifications.The cross-
connection regulations have been extensively expanded to bring them into conformance
with Title 17 of the State Code and requirements of the State Health Department.
The
various water fees and charges that are presently in the Ordinance are being removed from the
Ordinance and added to the City's Resolution of Master Schedule of Fees and Charges.Councilman
Slater commented on the inconvenience to the public by having to do business in person
and requested the Finance Director look into an alternative method such as those used by the
Gas Company and Southern California Edison Company.Page
8
CITY COUNCIL MINUTES August 27, 1996
6. ADMINISTRATIVE REPORTS (Continued)
The Finance Director indicated it is a major customer service issue that staff is interested in
pursuing. A new utility billing system is being selected which will provide greater flexibility in
signing people up for utilities, whereby the deposits could be billed rather than requiring
individuals to come in.
RESOLUTION NO. 8665
A Resolution of the City Council of the City of Orange amending and revising the Master
Schedule of Fees and Charges as authorized by Orange Municipal Code Chapter 3.10 to include
Water Fees, Charges and Rates.
MOTION
SECOND
AYES
Barrera Coontz
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved that Resolution
No. 8665 as introduced, be adopted and same was passed and adopted by the preceding vote.
ORDINANCE NO. 19-
96 An Ordinance
of the City Council ofthe City of Orange amending Chapter 13.04 through 13.44 ofthe
Orange Municipal Code relating to the provision of water services.MOTION SECOND
AYES
Barrera
Murphy
Murphy, Barrera,
Mayor Coontz,
Spurgeon, Slater Moved that Ordinance No. 19-
96 have first reading waived and same was set for second reading by the preceding vote.
7. REPORTS FROM CITY
MANAGER - None 8. LEGAL AFFAIRS 8.1
ORDINANCE NO. 16-
96 An Ordinance ofthe City
Council ofthe City of Orange amending Title 17 of the Orange Municipal Code relating to
wireless communication antennas. (C2500.0)Amendment 1-96 City
of Orange
MOTION SECOND AYES
Murphy
Coontz
Murphy,
Barrera,
Mayor Coontz,
Spurgeon, Slater Page 9
CITY COUNCIL MINUTES August 27,1996
8. LEGAL AFFAIRS (Continued)
Moved that Ordinance No. 16-96 have second reading waived and same was passed and
adopted by the preceding
vote.8.2 ORDINANCE NO.
22-96 An Ordinance of the City Council ofthe City of Orange amending Section 10.14.050
of Chapter 10.14 of the Orange Municipal Code pertaining to
speed
limits.
MOTION
SECOND AYES
Spurgeon Barrera
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved
to remove Ordinance No. 22-96 from the agenda at this time.
9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
10. ORAL PRESENTATIONS - None 11.
RECESS MOTION -
Barrera SECOND - Murphy
AYES - Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater The City Council recessed
at 5:25 p.m. to a Closed Session for the following purposes:a. Conference with legal
Counsel pursuant to Government Code Section 54956.9 - existing litigation.United States Government vs.
Montrose
Chemical COI:poration. United States District Court Case No. CV90-3l22-AAH(
JRx)City ofOrani:e
et al v. Alabama Treasurer Advisory Program, Los Angeles Superior Court Case No. BC 106461
b. Conference with
Legal Counsel - anticipated litigation.Initiation oflitigation pursuant to
Government Code Section 54956.9 c (one potential case).c. To consider and
take possible action upon such other matters as are orally announced by the City Attorney 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 10
CITY COUNCIL MINUTES August 27,1996
12. ADJOURNMENT
MOTION
SECOND
AYES
Murphy Barrera
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater The City
Council adjourned at 5:43 p.m. It was announced the September 3,1996 Joint Meeting with the
Orange Redevelopment Agency scheduled for 7:00 p.m. has been canceled as additional time is
needed to prepare for a Joint Meeting. It will be necessary to continue the September 3,1996 meeting
to September 10,1996 at 7:00 p.m, thus, no meeting will be held on September 3,1996. A
Notice of Adjournment to the September 10,1996 meeting will be posted by the City Clerk as
required by law.CASSANDRA l.
CITY CLERK
JOANNE C.
COONTZ MAYOR Page
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