09-24-1996 Council MinutesAPPROVED BY THE COUNCIL ON OCTOBER ~f
CITY COUNCIL MINUTES
OF A REGULAR MEETING
L99b.
ORANGE, CALIFORNIA
SEPTEMBER 24, 1996
The City Council of the City of Orange, California convened on September 24,1996 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
Councilman Murphy
1.2 ROLL CALL
PRESENT - Murphy, Barrera, Mayor Coontz, Slater ABSENT -
Spurgeon NOTE: Councilman
Spurgeon entered the meeting at 4:35 p.m.1.3
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS A presentation
was made by Randy Bosch on the establishment of a Library Foundation.The purpose
of the foundation is to create a non-profit corporation with tax exempt status to
raise capital funds for the City of Orange public library system. This group will solely focus
on fulfilling the policies and priorities set by the Library in picking proj ects for public
funding. Those who have agreed to serve as the founding Board of Directors are Jack
Schroeder, Phil Hummel, Pat Buttress, Kathleen Dormbach, Bill Cathcart and himself.
All funds will go to the City of Orange; none of the directors or members will receive
reimbursement for their activities.1.
4PROCLAMATIONS A
proclamation honoring National Emblem Club Week, September 15-21, 1996 was
presented to Phyllis Manning, President, Orange Emblem Club No. 418.
2.CONSENT CALENDAR Tape 216
2.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of September 24, 1996 at Orange Civic Center, Main
Library, Police facility at 1107 North Batavia, the Eisenhower Park Bulletin Board and
summarized on Time Warner Communications; all of said locations being in the City of
Orange and freely accessible to members of the public at least 72 hours before
commencement of said regular meeting.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office ofthe City Clerk.
CITY COUNCIL MINUTES SEPTEMBER 24, 1996
2. CONSENT CALENDAR (Continued)
2.2 Request Council confirmation of warrant registers dated September 6,10, 1996.
ACTION: Approved.
2.3 Request Council approve City Council Minutes Regular Meeting of September 10, 1996.
ACTION: Approved.
2.4 Consideration to waive reading in full of all Ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
2.5 Request Council approve an agreement with Metricom, Inc. to authorize the installation
of a new wireless communication system in the City on City-owned street
lights.A2l00.0
AGR-2684)FISCAL IMPACT: Estimated additional moneys to the General Fund
should be approximately $7,500 to $10,
000 annually.ACTION: Authorized Mayor and City Clerk to execute on behalf of
the City.REMOVED AND
HEARD SEPARATELY)2.6 Request Council authorize the City Manager to execute an agreement with
The Warner Group to assist in a Management of Information Systems Assessment in an amount
not to exceed $46,413. (A2100.
0 AGR-2683)FISCAL IMPACT: None. This project was funded as part of the
FY 96-97 budget.Account 780-1601-426700-
9640 (MIS Fund, Data Processing
Department, Professional Services, Information Management Upgrade Project).NOTE: Councilman Murphy indicated he was
advised by the City Attorney not to participate in discussions related
to information systems or consulting products. ItemNos. 2.6,2.7 and 2.
14 are computer-
based and related
type items.MOTION - Slater SECOND - Spurgeon AYES -
Barrera, Mayor Coontz,
Spurgeon, Slater ABSTAIN - Murphy ACTION: Authorized the City Manager to execute on
behalf of
CITY COUNCIL MINUTES SEPTEMBER 24,1996
2. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEP ARA TEL Y)
2.7 Request Council authorize the City Manager to execute an agreement with The Warner
Group to provide consulting services for the selection of a Utility Billing System in an
amount not to exceed $32,357. (A2l00.0 AGR-
2682)FISCAL IMPACT: Funds for these services have been budgeted in Account
100-1231-426700 General Fund Finance Department Other
Consulting Services.MOTION -
Slater SECOND - Spurgeon
AYES - Barrera, Mayor Coontz, Spurgeon, Slater ABSTAIN -
Murphy ACTION: Authorized
the City Manager to execute on behalf of the City.BIDS 2.
8
Request Council approve award of Bid No. 967-05 to Accurate Landscape and Maintenance
in the amount of $122,016 for landscape maintenance service of the Santiago
Hills (86-1) and Shadow Ridge (82-1) Landscape Maintenance
Districts.A2l00.0
AGR-268l)FISCAL IMPACT: Funds are budgeted in Accounts 290-7026-
424301 $117,967.08-Irvine 86-1 Landscape Maintenance and
290-7025-427100 $
4,048.92-Shadow Ridge Landscape Contractual Services.ACTION: Authorized the Mayor and
City Clerk to execute on behalf ofthe City.2.9 Request Council approve the award
of Bid No. 967-04 to Plant Control Landscape Maintenance, Inc., in the amount
of $87,100 for
landscape maintenance service of City facilities. (A2100.0 AGR-
2680)FISCAL
IMPACT: Funds are budgeted in Account 100-7022-424301 (Landscape Maintenance-City Project).ACTION:
Authorized the Mayor and City Clerk to execute on behalf of the City.2.10 Request
Council approve the award of Bid No. 967-07, North Main Street Storm Drain,to
Steve Casada Construction, Inc. in the amount of$174,885.00. (
A2100.0 AGR-2679)FISCAL IMPACT:
Funds are budgeted and available in Account No. 530-5011-483400-5330, $273,327.
06 (Capital
CITY COUNCIL MINUTES SEPTEMBER 24, 1996
2. CONSENT CALENDAR (Continued)
2.11 Request Council approve the award of Bid No. 967-09 for Street Maintenance
1996-97 up to the budgeted amount of $450,000.00 to Copp Contracting, Inc. (A2l00.
0 AGR-
2554.A)FISCAL IMPACT: Funds are budgeted and available in the
following accounts:262-5021-483300-3112 - $150,
000 (Arterial Street Maintenance)262-5021-483300-
3120 - $300,000 (Local Street Maintenance)ACTION: Authorized the Mayor and City Clerk
to execute on behalf ofthe City.2.12 Request Council approve plans
and specifications and authorize Public Works Department to advertise for bids for the construction of
a storm drain on Milford Street from Santiago Creek
north to Walnut Avenue. (C2500M.17)FISCAL IMPACT: The estimated cost for this project is $1,
200,000.00. Funds in the amount of$1,282,805.00 are
budgeted in Account No. 530-5011-483400-5332 (Drainage District
Storm Drain)
and $35,
000
budgetedin 600-8041-474501-0000 (
Transmission &Distribution Improvements).ACTION: Approved.CLAIM 2.13 Connie Hubbert (
C3200.
0)ACTION: Denied claim
and referred to City Attorney and Adjuster.CONTRACTS REMOVED AND HEARD SEPARATELY)2.
14 Request Council authorize the implementation of Phase II of the
Information Management
Upgrade Plan and approve the incremental expenditure of $200,073.C2500J.2)FISCAL IMPACT:
None. This project was funded as part of the
FY 96-97 budget.
Account 780-1601-
470000-9640 (MIS
Fund, Data Processing Dept., Capital Equipment,Information
Management Upgrade
Project).MOTION -
Spurgeon SECOND -
CITY COUNCIL MINUTES SEPTEMBER 24,1996
2. CONSENT CALENDAR (Continued)
GRANTS
2.15 Request Council approve a Housing Accessibility Program Grant in the amount of
1,450.00 and a Homeowner Participation Program Grant in the amount of $1,802.53 for
Case #617 and authorize the Finance Department to prepare a warrant. (C2500.G.l.3.4)
FISCAL IMP ACT: Funds are budgeted in Housing Accessibility Account No. 316-
6053-427800-1222 and the Homeowner Participation Program Account
No.
316-6053-
427800-
1221.ACTION: Approved.LOANS 2.16 Request Council approve a Deferred Payment Loan in the amount of $
24,000 for Case 608 and authorize the Finance Department to prepare a warrant. (C2500.
G.1.3.3)FISCAL IMPACT: Funds are budgeted in the Deferred Payment
Loan
Account No.
315-6052-
811801-0000.ACTION: Approved.PROJECT FUNDING 2.17 Request Council approve the
submittal of eight proposed transportation improvement projects to the Orange
County Transportation Authority under the combined Transportation Funding Program for fiscal years
1997-98 through 2001-02. (S4000.S.
3)See Item 2.20, Resolution No. 8697)FISCAL IMPACT: Four of
eight proposed projects require City matching funds. La Veta Avenue, Chapman Avenue and Main Street
projects are listed in the City's seven year Capital Improvement Plan (C.I.P.)
and would be funded by Measure M Turnback,Gas Tax,
Proposition 111, Transportation System Improvement and Mello-Roos Main Street Concourse
funding programs. Katella Avenue signal interconnect could be added to the C.I.P.
and funds allocated from the Transportation System Improvement funds.The total estimated cost of the project submittals is $
9,454,000,
of which $
4,271,
I
CITY COUNCIL MINUTES SEPTEMBER 24, 1996
2. CONSENT CALENDAR (Continued)
RESOLUTIONS
2.18 RESOLUTION NO. 8695
A Resolution of the City Council of the City of Orange repealing Resolution No. 8677
and approving the Memorandum of Understanding between the City of Orange and the
Orange City Fire Fighters Inc. Local 2384 of the International Association of Fire
Fighters, AFL-CIO concerning wages, hours and other terms and conditions
of employment effective March I, 1996 through February 28, 1998. (C2500.J.4.
3)ACTION:
Approved.2.19 RESOLUTION NO.
8696 A Resolution of the City Council of the City of Orange approving an application for
1997 discretionary grant funds from the California Integrated Waste Management Board
for household hazardous waste collection. (C2500.M.l.
l)ACTION:
Approved.2.20 RESOLUTION NO.
8697 A Resolution of the City Council of the City of Orange approving the submittal
of transportation improvement projects to the Orange County Transportation Authority
for funding under the Combined Transportation Funding Program. (S4000.S.
3)See Consent Calendar Item 2.
17.)ACTION:
Approved.2.21 RESOLUTION NO.
8698 A Resolution of the City Council of the City of Orange approving a Money
Purchase Retirement Agreement and authorizing the Finance Director to execute
necessary documents to amend the City's money purchase retirement plan. (A2l00.0
AGR-2678)
ACTION: Approved.2.22 RESOLUTION
NO. 8699 A Resolution of the City Council of the City of Orange finally accepting
the completion of a certain public work and improvement; Bid No. 966-03; S.
P. 3185; Hillcrest Contracting; inter-locking paver
crosswalks. (A2l00.
0 AGR-
l
CITY COUNCIL MINUTES SEPTEMBER 24,1996
2. CONSENT CALENDAR (Continued)
SPECIAL EVENTS
2.23 Request from St. Norbert's Church to conduct their annual OctoberFest on October 11,
12, & 13, 1996 on their property at 300 E. Taft Avenue. (P1300.0.9)
FISCAL IMPACT: None.
ACTION: Approved.
2.24 Request from St. John's Lutheran School Auxiliary to conduct their annual Fall Festival
on Saturday, October 26,1996 at 515 E. Almond Avenue. (P1300.0.9)
FISCAL IMPACT: None.
ACTION: Approved.
2.25 Request from Evan's Gunsmithing to close off approximately one half of the 1900 block
of N. Enterprize Street for their grand opening held on September 28, 1996 from 9:00
a.m. to 5:00 p.m. (p1300.0.10)
FISCAL IMPACT: None. A security bond of $2,000 has been posted.
ACTION: Approved.
MOTION - Slater SECOND -
Murphy AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Item Nos. 2.
6, 2.7 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 - None 4. REPORTS FROM COUNCILMEMBERS -
None 5. REPORTS FROM BOARDS, COMMITTEES,
AND COMMISSIONS Tape 289 5.1 Accept the resignation
of Joe Fortier, Orange Unified School District's representative, from the City Traffic
Commission and appoint Mr. Fortier to fill the vacancy created by Bill Leming,
term to expire 9/30/99. Instruct the City Clerk to begin Maddy Act requirements for the
appointment of an Orange Unified School District Representative. (OR1800.0.l9)PAGE
7
CITY COUNCIL MINUTES SEPTEMBER 24,1996
5. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
MOTION - Coontz SECOND -
Barrera AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to accept
the resignation of Joe Fortier as the OUSD representative; directed the City Clerk to begin
Maddy Act requirements; and approved the appointment of Joe Fortier to fill the vacancy created by
Bill Leming.6.ADMINISTRATIVE REPORTS
Tape 304 6.1 Treasurer'
s Report - Period ending August 31, 1996. (C2500.F)The Finance Director reported
the invested balance for the period ending August 31 st was $109 million. At the end
of July, the Local Agency Investment Fund balance was $5.5 million; ending August the Portfolio Yield
to Maturity was 5.38%. The Market valueas percent of Portfolio was down slightly from July
to 98.53%. The August report comes under the prior Statement of Investment Policy. As a
result of the newly adopted Statement of Investment Policy, the most significant changes that will
be seen on future reports will be the restricted investments, which will be limited to
U. S Treasuries, agencies, the Local Agency Investment Fund, and AAA rated Money Market Mutual Funds.
Also included will be language that will define any conflict of interests and comparative benchmark
information.MOTION - Barrera SECOND - Murphy
AYES - Murphy, Barrera,
Mayor Coontz, Spurgeon,
Slater Moved to receive and file.6.2
Report from Police Chief Robertson
and Assistant City Attorney David De Berry on the impact of State law changes on
Shopping Cart Ordinance No. 3-96. (A2500.0)The Assistant City Attorney reported the
State adopted legislation which is intended to preempt all local ordinances regulating shopping carts.
Under new State law, the City has to provide three days notice to the owners
of shopping carts prior to their removal, with the exception of when the shopping cart interferes with
the use of City streets or sidewalks, in which case the City may still remove the cart without
notice. The three day notification provision only applies if the shopping cart has a fixed sign
with the identifying information required by State law, which includes a phone number and address.
The City can still recover the costs of removal and individuals can be cited for unauthorized
removal. Under the new State law, the City can also cite the shopping cart owners for
continued and repeated failures to retrieve their shopping carts.The new law will take effect
January I, 1997 and has a sunset provision.PAGE 8
CITY COUNCIL MINUTES SEPTEMBER 24,1996
6. ADMINISTRATIVE REPORTS (Continued)
The Police Chief explained that attempts to obtain bids for contracted shopping cart retrieval
services upon their request were cost prohibitive. The Police Department is exploring the
possibility of hiring a police cadet; obtaining a truck with a lift gate; and removing the carts on a
regular basis. It is not economically feasible for individuals to pickup the carts under their own
auspIces.
Carole Walters, 534 N. Shaffer, asked if individuals are still being cited that are removing the
carts?
The Police Chief explained certain areas have been targeted by the foot/bike unit and
approximately 80 citations have been written.
MOTION - Slater SECOND -
Coontz AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to continue
to retrieve carts in accordance with the City's ordinances up through December 31, 1996
and direct staff to draft an ordinance for the October 22, 1996 meeting which is consistent with
new State law. The ordinance would take effect on January 1, 1997 and include a provision
permitting the City to retrieve carts or contract with a retrieval service for such retrieval without
notice, but at a cost of no more than $5.00 per cart.7. REPORTS FROM
CITY MANAGER - None 8. LEGAL AFFAIRS 8.
1 ORDINANCE NO.
22-96 An Ordinance ofthe
City Council of the City of Orange amending Section 10.14.050 of Chapter 10.14
ofthe Orange Municipal Code pertaining to speed limits. (A2500.0)MOTION - Barrera SECOND -
Murphy AYES - Murphy,
Barrera, Mayor Coontz,
Spurgeon, Slater Moved that Ordinance No. 22-86
have first reading waived and same was set for second reading by the preceding vote.PAGE
9
j
CITY COUNCIL MINUTES SEPTEMBER 24, 1996
8. LEGAL AFFAIRS (Continued)
8.2 ORDINANCE NO. 23-
96 An Ordinance of the City Council of the City of Orange amending Chapter 5.92 of
the Orange Municipal Code relating to the regulation of news racks. (A2500.
0)MOTION - Murphy
SECOND - Barrera AYES -
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved that
Ordinance No. 23-96 have second reading waived and same was passed and adopted by
the preceding vote.8.
3 ORDINANCE NO. 24-96
An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange
Municipal Code relating to wireless communication antennas. (A2500.0)
MOTION - Barrera SECOND -
Spurgeon AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved that Ordinance
No. 24-96 have first reading waived and same was set for second reading by the
preceding vote.9. RECESS
TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL
PRESENTATIONS Carole Walters,
534 N. Shaffer, asked if anything has been done about the car stops in the senior citizen parking
lot, indicating seniors have been hurt? She suggested painting or striping the car stops a
different color which would make them more visible. Also, what is the status of the left turn signal
at Palmyra Avenue and Tustin Street? Ms. Walters indicated she liked the recent mailer Mayor
Coontz sent to residents of the City and asked the Mayor if she personally paid for it?The
Director
of Community Services responded Risk Management is evaluating the car stop issue and
they are awaiting the results. The option of striping the stops will be discussed with the Risk Manager.
The City
Manager will discuss the Tustin Street left turn signal issue with the Public Works Director.Mayor
Coontz
explained the funds for the mailer were her own funds and not from citizens donations.PAGE
10
CITY COUNCIL MINUTES SEPTEMBER 24, 1996
10. ORAL PRESENTATIONS (Continued)
Al Compton, 445 N. Lincoln Street, expressed concern with the widespread problem of loud car
radios and tape decks on City streets.
The Police Chief indicated there are Vehicle Code sections relative to sounds emitted from
vehicles. The Vehicle Code is used for enforcement over the municipal code when possible, as it
is less expense for the District Attorney's office to handle the tickets. The City gets little revenue
from issuing these types of violations.
The Interim City Attorney stated that in addition to the Vehicle Code, the City's ordinance
controls other sources of noises in the City above a certain decibel level. The Ordinance could
be amended to include a standard for "unreasonable" noise. Recent cases have been upheld that
adds new authority to cities over noise control.
11. RECESS
MOTION - Murphy SECOND -
Barrera AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater The City Council
recessed to Closed Session at 5:20 p.m. for the following purposes:a. Conference with
Labor Negotiator pursuant to Government Code Section 54957.6.b. To consider
and take possible action upon such other matters as are orally announced by the City Attorney, 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 12.1 INVOCATION
Reverend Peter Muschinski
Christ Lutheran Church
12.2 PLEDGE
OF ALLEGIANCE TO THE FLAG Councilman Spurgeon 12.
3 ANNOUNCEMENTS -
None 12.4 INTRODUCTIONS - None
12.5 PROCLAMATIONS - None PAGE
11
CITY COUNCIL MINUTES SEPTEMBER 24, 1996
12.6 PRESENTATIONS
Tita Smith, 69 N. Shaffer Street, presented an overview of the Pitcher Park Community
Foundation's history and goals. The Foundation is comprised of 17 volunteers from the City.
Their objective is to develop Pitcher Park as a cultural resource for the City. The Foundation has
applied for a non-profit status and has seed money in the amount of$7,000 donated from
the Pitcher family. Proposed projects and areas of focus for the Foundation will be
educational tours, plantings, special events, fundraising, museum displays, honey house, fire
museum,membership and newsletter. An open house will be held for the public on November 3'"
from 12:00 p.m. - 3:00 p.m. Special thanks were given to Pam Doss, Community Services Liaison
and Gary Wann, Director of Community Services and his staff. Acknowledgment was given for
contributions and services provided by Dick Ginnaty, Police Chief Robertson, Weldon Fields
and other private citizens. (OR1800.0.l0.l)
13. PUBLIC HEARINGS
13.1 AB 3229 - CITIZEN'S OPTION FOR PUBLIC SAFETY PROGRAMS (COPS),CITY
OF ORANGE:Time
set for a public hearing on petition by the City of Orange to consider AB 3229 - Citizen's Option for
Public Safety Programs which provides $100 million statewide to supplement front-line law
enforcement. The City is scheduled to receive $278,536. The bill requires the Chief of Police to
submit a written proposal to the City Council detailing the proposed use of these funds which may
only be used to support front-line law enforcement services and cannot supplant previously
budgeted items or programs. (C2500.K)The
Police Chief explained the $100 million was based on population and it is only a one time funding.
Fourteen recommendations for use of the $278,536 were described as follows:I.
Full-time Neighborhood Enhancement Specialist $45,000
2. Equipment for Neighborhood Enhancement Specialist $ 4,500
3. Part-time Armorer $18,
772 4. Part-time Report Analyst $
37,544 5. Surveillance equipment for narcotics investigations and patrol officers $
21,500 6. Mobile Recreation Center (Van) for Street Recreation Program $
22,000 7. Teleminder Crime Notification and Prevention System $
24,000 8. Equipment for Volunteer Program $
4,250 9. Forensic Evidence Cabinet $
8,500 10. Radio headsets for SWAT Team $
5,600 11. Tape recorders for field officers $
18,000 12. Hand held radios for Reserve Officers $
12,000 13. Video recorders for patrol cars $
50,000 14. Red man suite $
3,000 In response to Mayor pro tern Barrera, the Police Chief explained the
full-time Neighborhood Enhancement Specialist would improve the quality of life in the neighborhoods
by assisting the Bicycle Patrol Team with code violations related to blight, i.e. vehicles parked
on front
CITY COUNCIL MINUTES SEPTEMBER 24, 1996
13. PUBLIC HEARINGS (Continued)
peeling paint, exposed electrical wiring, and plumbing problems, which currently are a drain on
police and fire services. The position will help coordinate and could eventually oversee various
projects.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING.
The City Manager commented that based upon Council's approval ofthis report, as a part ofthe
compliance, the Fiscal Year 1996-97 budget is amended. This process will not be a part of
next years budget as the regulations require that this budget be audited. A committee will review
the recommendations and follow-up to insure the money was used to supplement, not
to supplant,existing service levels. If funding becomes available next year, a separate budget
will be proposed to Council which would also amend the budget, indicating they must be kept
as two
separate processes.MOTION -
Coontz SECOND - Barrera
AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved
to authorize the expenditure ofthe COPS Funds and amend the FY 96-97 budget for the
listed purposes, allowing the Chief of Police the discretion to amend the plan as needed with the
City Manager approval. All funds must be expended in accordance with the rules of AB 3229.
14. PLANNING AND ENVIRONMENT - None 15.
ORAL PRESENTATIONS - None 16. ADJOURNMENT
MOTION - Murphy
SECOND - Barrera AYES -
Murphy, Barrera, Mayor
Coontz, Spurgeon, Slater The City Council adjourned at
7:40 p.m.CASSANDRAJ. C CITY CLERK JOANNE
C. COONTZ
MAYOR PAGE
13