12-10-1996 Council MinutesI
APPROVED BY THE CITY COUNCIL JANUARY 14, 1997
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING December 10, 1996
The City Council of the City of Orange, California convened on December 10, 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 Councilman Mike Spurgeon
1.2 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.3
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Mayor Coontz
complimented the Community Services Department on the successful Annual Christmas
Tree Lighting Ceremony held in the Plaza.1.4
PROCLAMATIONS A proclamation
was presented honoring Norma Jean Hockensmith, 1996 Athena Award recipient sponsored
by the Central Orange County Alumnae Panhellenic.A proclamation
was presented to Vince Ferragamo honoring him and his wife for their community service.
2.CONSENT
CALENDAR Tape 300 2.1
Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda ofa
regular meeting of November 12, 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 of the City Clerk.2.2
Request Council confirmation of warrant registers dated November 26 and 29, 1996.ACTION: Approved.
2.3
Request approval of City Council Minutes Regular Meeting of November 26, 1996 and Adjourned Regular
Meeting, December 3, 1996.PAGEl
CITY COUNCIL MINUTES December 10,1996
2. CONSENT CALENDAR (Continued)
ACTION: Approved.
2.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
2.5 Request Council approve a sewer agreement required by conditions for the City's
approval of that connection. Joseph and Marlene Reta, owners of a residential parcel in
the unincorporated County of Orange, have connected their home located at 8622 Palm
Avenue to a City sewer located at Palm Avenue. (A21oo AGR-
2719)FISCAL IMPACT: No impact on budget. The County of Orange has paid all fees
due for this sewer connection. The property owners of record will also pay a sewer
charge which will be billed on a bi-monthly basis by the City of Orange Water
Billing Division..ACTION: Authorized Mayor and City Clerk to execute on behalf of
the City.2.6 Request Council approve a two year Operating Agreement with Bank of America
for the continuation of the Interest Subsidy Loan Program. (A2100.0
AGR-2327.A)FISCAL IMP ACT: Funds are budgeted in
Account No. 310-
6054-464203-0000 Interest Subsidy Expenses).ACTION: Authorized Mayor and City Clerk to
execute on behalf of the City.2.7 Request Council approve a Professional Services
Agreement with IWAEngineers in the amount of $54,486 for the preparation of
plans and specifications for waterline relocation and construction related to the 1-5
Freeway
widening, Segments A-2 & A-4. (A2100.0 AGR-2720)FISCAL
IMP ACT: Funds are allocated in Account No. 601-8041-484101-8320 Pipeline
Improvements
for 1-5 Freeway. Major portions of work will be reimbursable from CaI
Trans.ACTION: Authorized Mayor and City
Clerk to execute on behalf of the City.REMOVED AND HEARD SEP ARATEL Y)
2.8 Request Council approve an amendment to the Master Joint Use Recreation
Agreement between the
City of Orange and Orange Unified School District. (A21oo.0 AGR-
2694)FISCAL IMPACT: None.The Director ofComrnunity ServiceslLibrary presented
an overview
of
CITY COUNCIL MINUTES December 10,1996
2. CONSENT CALENDAR (Continued)
Martin Jacobson, 137 N. Edgemark Circle, Anaheim, President of the Orange Unified
School Board, indicated the Master Joint Use Agreement represents a cooperative effort
between the City and the School District.
Barbara DeNiro, (address on file), expressed concern with year-round schools;
the visibility of a porta potty at California School on Cambridge; and the need for
individuals to respect public and private property when usiBg City
facilities.The Director of Community ServiceslLibrary explained the hours of operation the
City will respond to will be after 3:00 p.m. until dusk or other times previously
negotiated.The City will insure clean-up measures
are taken.MOTION -
Spurgeon SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ACTION:
Authorized Mayor and City Clerk to execute on behalf of the City.BIDS
2.
9 Request Council approve and authorize the award of Bid No. 967-16 in the amount of
32,725 to Merzi Painting and Construction, Oceanside, CA. (A2100.0 AGR-
2721)FISCAL IMPACT: $32,725 is budgeted for painting of 3,850 Fire Hydrants in
Account Number: 600-8041-42550 (
Maintenance of Hydrants).ACTION: Authorize Mayor and City Clerk to execute on behalf
of
the City.CLAIMS 2.10 CLAIMS
FOR DAMAGES FROM:
a. Donna Buckridge
b. Harvey Buckridge
c. Clyde Carrier
d. Michelle Nguyen e. Christopher
Tran, a minor f. Lisa
Tran, a minor g.
My Van Tran
h. Peter Tran ACTION: Denied claims and referred to City Attorney and
Adjuster. (C3200.
0)
CITY COUNCIL MINUTES December 10,1996
2. CONSENT CALENDAR (Continued)
CONTRACTS
2.11 Request Council award Bid No. 967-13 to Purkiss-RoselRSI
Landscape Architecture Recreation and Park Planning for the architectural services for the new
athletic ballfield facility in the amount of~69,OOO. (A21oo.
0 AGR-2722)FISCAL IMPACT: Funds are budgeted in
Account Number. 510-7021-
481103-0143 Ballfield Relocation) $800,000.ACTION: Authorized Mayor and City Clerk to execute
the
contract on behalf of the City.2.12 Request Council award Bid No. 967-12 to Meyer
and Associates for the base and add-alternate design plans of the Handy
Park ConcessionlPicnic Shelter in the
amount of 42,825. (A21oo.0 AGR-2723)FISCAL IMP
ACT: Funds are budgeted in
Account Number: 510-7021-481200-0017 Handy Park Concession) $23,000.ACTION: Authorized
Mayor and City Clerk to execute on behalf of the City.2.13
Request Council approve a Professional Services Contract with UMA Engineering, Inc.,in an amount not to
exceed $75,000 for Alignment Study and Summary Report on East
Chapman Avenue from Crawford Canyon Road to Equestrian Drive. Proposals were received for the
preparation of an alignment/feasibility study and summary report for the widening
of the remaining unimproved portions of East Chapman Avenue. To facilitate future traffic demands in the East
Orange area, Chapman will have to be
widened to it's General Plan designated width. (A2100.0 AGR-2724)
FISCAL IMP ACT: Funds are budgeted in the Capital
Improvement Program
and available in the following Account: 285-5011-481102-4009 (TSIP East Orange)
345,000.ACTION: Authorized Mayor and City Clerk to execute on behalf
of the City.2.14 Request Council approve a Professional Services Contract with Daniel Boyle
Engineering, Inc., in the amount of $49,600 for the
preparation of a computer network model of the City'
s water system. (A2100.0 AGR-2725)
FISCAL IMPACT:
Funds are
1
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CITY COUNCIL MINUTES December 10,1996
2. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
2.15 Request Council approve a Professional Services Contract with UMA Engineering, Inc.,
in the amount of $58,760 for rehabilitation of Tustin Street from Collins Avenue
northerly to Bixby Avenue. This is a Local Surface Transportation Program (LSTP)
project with Federal funding requiring plans, specifications, and estimates (PS&E)
conformance to Federal guidelines. (A2100.0 AGR-
2726)FISCAL IMP ACT: Fun~ are budgeted in the following Accounts:
262-5011-483399-4024 - 50% - $60,000 (Local Surface Transportation Program) and
262-5011-483300-4024 - 50% - $60,000 (Measure M Tumback
Funds).Mayor Coontz asked if the project would accommodate bus bays or if there would be
a possibility for bus bays in the future? The Director of Public Works explained the
project does not involve bus bays, which are independent of this type of work and would
require additional right-of-way and relocation of curbs and gutters, however,
some locations
have been identified.Barbara DeNim, (address on file), inquired when underground utilities
will be installed on
Tustin and Katella.The Director of Public Works responded an underground utility project
is now being completed on
Tustin and Katella.MOTION -
Mayor Coontz SECOND -
Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.
2.16 Request Council award a contract for ADA Wheelchair Ramps-Various Locations,
Bid No. 967-17, S. P. 3190 in the amount of $131,975.86 to Nobest Incorporated, P.
O. Box 874, Westminster, CA 92684. (A2100.
0 AGR-2727)FISCAL IMPACT: Funds are budgeted in
Account No: 310-
6059-485100-1328-16113 230,000 (CDBG)ACTION: Authorized Mayor and City Clerk
to execute on behalfof the
City.REMOVED AND HEARD SEP ARATEL Y)2.17 Request Council award a contract with Griffin
Grant Writing and Consulting Inc., with a 75,000 retainer for grant
writing and consulting services. (A2100.0 AGR-2728)FISCAL IMPACT: $75,000 retainer fee
will be funded jointly from the existing budgets of the departments that are most likely to
use the consultant services. No
other costs
will be incurred
CITY COUNCIL MINUTES December 10, 1996
2. CONSENT CALENDAR (Continued)
The City Manager explained the contract is currently being negotiated and urged Council
to award the contract to Griffin Grant Writing and Consulting, Inc. at this time. All
grants will be reviewed for their appropriateness so as not to incur any additional
obligation on the General Fund.
The Police Chief explained Griffin Grant Writing and .Consulting, Inc. seeks primarily
federal grants and has been successful with many cities and counties in obtaining grant
funds and matching grant requirement funds. Existing grant monies could be used to pay
for the 20% match requirement for a $1.2 rnillion upgrade of the Police Department's
Records Management System and Computerized Dispatch System. The $75,000 retainer
fee with interest would be refunded if Griffin Grant Writing and Consulting, Inc. is
unsuccessful in delivering the grant monies.
MOTION - Murphy SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Authorized City
Manager to execute and negotiate the contract on behalf of the City.2.
18 Request
Council approve a request from the apparent low bidder, Southland Construction Co., to withdraw
its bid and consent to relieve it from entering into a contract pursuant to California Public Code,
Sections 5101 & 5103. Request Council award a contract for annual service for
concrete replacement - various locations - Fiscal Year 1996-97, Bid No. 967-18, in
an amount not to exceed $80,000 to the second low bidder, Nobest Incorporated, P. O.
Box 874, Westminster, CA 92684. (A2100.0 AGR-2729)FISCAL IMP
ACT: Funds are budgeted in Account No. 262-5021-4271 00-0000 -
85,600 (Measure M - Turnback Funds).ACTION:
Authorized Mayor and City Clerk to execute on behalf of the City.2.
19 Request Council reject all bids for Bid No. 967-19, S.P. 3077 and authorize staff to re-
advertise for demolition and right-of-way clearance of 490 South Main Street
and 1435 West La Veta Avenue. (B4000.
0 BID-967-19)
FISCAL IMP
ACT:
None.
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CITY COUNCIL MINUTES December 10, 1996
2. CONSENT CALENDAR (Continued)
GRANTS
2.20 Request approval of a Housing Accessibility Program Grant in the amount of $1,500 for
Case #621 and authorize the Finance Department to prepare a warrant. (C2500.G.1.3.4)
FISCAL IMP ACT: Funds are budgeted in the Housing Accessibility Program Account
No. 316-
6053-427900-1222.ACTION: Removed
for future consideration.2.21 Request approval of a Homeowners Participation Program Grant in the amount
of $1 ,000 for Case #622 and authorize the Finance Department to
prepare a warrant.C2500.G.
1.3.l)FISCAL IMPACT: Funds are budgeted in the
Homeowner Participation Program
Account No.
316-6053-427800-
1221.ACTION: Approved.PASS THROUGH FUND 2.22 Request Council appropriate Pass Through Fund $
30,000 for Annual Services of Geotechnical Consulting Firm, Earth
Mechanics, Inc., to Account Number: 100-5012-426700. Fund establishes a mechanism
to pay for services invoiced by consulting geotechnical firm for
work performed on private development projects. Invoiced amounts are collected from private
developer
for reimbursement to
City. (A2100.
0 AGR-2688)FISCAL
IMPACT: None.ACTION: Approved.PUBLIC CONVENIENCE
AND NECESSITY REMOVED AND HEARD SEP ARATEL Y)2.23 Staff recommends that the City
Council make the finding that public convenience and necessity will be served by approving an
alcoholic beverage license for the sale of beer and wine at a new mini-market
located at 1234 N.
Main Street. (
CITY COUNCIL MINUTES December 10, 1996
2. CONSENT CALENDAR (Continued)
The Director of Community Development explained the project was approved
approximately two years ago. The building has been vacant for a long period oftime and
now desires to open which requires the finding for the public convenience and necessity.
MOTION - Slater SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Approved.RESOLUTIONS
REMOVED AND
HEARD
SEP ARATEL Y)2.24 RESOLUTION
NO. 8720 A Resolution of
the City Council of the City of Orange repealing Resolution No. 8690 and approving the
Memorandum of Understanding between the City of Orange and the City of Orange
Police Association concerning wages, salaries, and other terms and conditions of employment,
effective March 1, 1996 through November 30, 1998.C2500.J.4.
2)TheDirector of
Personnel requested Council approve changes to Page 19 of Resolution No. 8720.MOTION -
Murphy SECOND -
Mayor Coontz AYES -
Murphy, Slater, Mayor Coontz,
Spurgeon, Alvarez ACTION: Approved with corrections.2.25
RESOLUTION NO. 8722 A
Resolution of the City Council
of the City of Orange approving the adoption of a Mortgage Credit Certificate Program by the
Orange Redevelopment Agency in cooperation with the County of Orange,
authorizing an application by the County on behalf of the Orange Redevelopment Agency
to the California Debt Limit Allocation Committee for an allocation of authority
to issue mortgage credit certificates and transfer ofsuch allocation to the County of
Orange. (RA2100.0 AGR-2730)Discussion: Barbara DeNiro, (address on
file), requested an explanation of the item.PAGE 8
CITY COUNCIL MINUTES December 10, 1996
2. CONSENT CALENDAR (Continued)
The Housing Manager explained that the County issues bonds and the proceeds provide
first time home buyers assistance to City residents. The Mortgage Credit Certificate
Program allows City participation in County operated programs, as the City no longer has
its own program.
ACTION: Approved.
SPECIAL EVENTS
REMOVED AND HEARD SEP ARATEL Y)
2.26 Request from NOW (National Organization of Women) to conduct their annual
candlelight vigil around the Plaza on Wednesday, January 22, 1997 from 6:30 p.m. to
7:30 p.m.. (p1300.0.9)
FISCAL IMPACT: None.
Mayor pro tem Slater commented for the record: "1 do not deny now the opportunity to
conduct a public vigil in our Plaza. 1 think that is their right. 1 regret not having said
something about this the last two years. 1 take personal exception with the reason that
they are having this public vigil. 1 personally would rather see them do this in another
City".
Mayor Coontz requested the Interim City Attorney explain the First Amendment rights.
The Interim City Attorney indicated the City Council may not discriminate based on the
content of the people's speech, although the Council may disagree with the message.
MOTION - Mayor Coontz SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Approved.MOTION -
Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez 1 Item No 2.20 was
removed
from the Agenda. Item Nos. 2.8, 2.15, 2.17, 2.23, 2.24 and 2.26 were removed and heard
separately. The remaining Consent Calendar items were approved as recommended.END OF CONSENT
CALENDAR PAGE 9
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CITY COUNCIL MINUTES December 10,1996
URGENT ITEM - ReqJlest for Councilman MUQ)hy to Leave the State Tape 977 MOTION
SECOND
AYES
Murphy
Mayor
Coontz Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved that the
Request for Councilman Murphy to Leave the State be added to the agenda as it came to Council'
s attention subsequent to the posting of the agenda.MOTION SECOND AYES
Mayor
Coontz
Slater
Murphy, Slater, Mayor
Coontz, Spurgeon,
Alvarez Moved to approve Councilman Murphy's
request to leave the State on business from December 11-12,1996 and December 25-
31,1996.3. REPORTS FROM MAYOR
COONTZ Mayor Coontz reported she
spoke today on Council's behalf to the Board of Supervisors regarding the El Toro
Re-Use.4. REPORTS FROM
COUNCILMEMBERS - None 5. REPORTS FROM BOARDS,
COMMITTEES, AND COMMISSIONS - None 6.ADMINISTRATIVE REPORTS Tape 1
6.1 Appeal of the
City Traffic Commission's decision denying the request for turn restrictions at Meats Ave. and
Shaffer St. (Continued from November 12, 1996)S4000.S.3.3)Mayor
pro temSlater did
not participate in this item due to a conflict of interest, a sale in escrow on Shaffer Street.The Director
of Public Works
presented a report on the Police Department and Traffic Engineering staff's evaluation of
the traffic conditions on Shaffer Street. Recommendations were made to improve the
existing conditions focusing on vehicular speed and cut-through traffic. The recommended a1temative
would modify the traffic signal at the intersection of Orange-Olive Road and
Meats Avenue to add left turn phasing for the westbound Meats Avenue traffic. This split
phase signal will allow straight through and left turn movements each direction to move at
different times in the sequence. The estimated cost for the improvements is $7,000.This alternative has
the potential for encouraging traffic to utilize the arterial street systern and improves the safety
situation at the intersection of Meats Avenue and Orange-Olive Road. It will take approximately
two to three months to implement the alternative because of design work,bidding of
the contract, and the installation. The implementation of the recommended alternative does not
preclude doing one or more of the other suggested alternatives if it is unsuccessful.However, this
alternative should be done first because it has the potential for solving more than one problern
without unduly inconveniencing residents in the area. A follow-up study will be PAGE
10
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CITY COUNCIL MINUTES December 10, 1996
6. ADMINISTRATIVE REPORTS (Continued)
done six-months after the completion of the traffic signal installation to assess the impact.
A report will be brought back to Council with a request for direction before additional action
or alternatives would be
undertaken.Dan Graupensperger, 2029 N. Shaffer, expressed concern with children walking to school
during the morning hours with the cut-through traffic on
Shaffer Street.Councilman Spurgeon requested a Council policy for speed humps. The Director
of Public Works responded the Traffic Commission approved a set of guidelines and standards
which were tabled in August, 1994 due to lack of required neighborhood support. The guidelines
require the two residents on either side of the speed hump on both sides of the street to agree
and 90%support within the block where the speed humps would
be installed.Carole Walters, 534 N. Shaffer, indicated in 1989 speed bumps were requested on
Orange and Grand Streets and the City refused them. The Director of Public Works explained that
in 1989 they were a different type of speed bump and it was indicated the issue will be
brought back.Councilman Murphy expressed support of the concurrent use of Alternative III outlined
in the staff report with the recommended alternative. Mayor Coontz responded barricades
could cause a safety concern for children attending Taft School if traffic were re-
routed onto Cambridge Street. The Taft School area has been a difficult situation because of its curves, dips,
and lack of adequate parking. The Director of Public Works explained that a barricade
is unpredictable in terms of what will happen with traffic patterns, without a baseline study. There would
also be an enforcement issue associated with the concurrent use
of Alternative III.Geneva Fulton, 456 S. Main Street, reported on the beautiful speed bumps
on Santiago Road north of Seventeenth Street
in Santa Ana.MOTION -
Mayor Coontz SECOND -
Spurgeon AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez
ABSTAIN - Slater Moved
to authorize the Public Works Department/TrafficEngineering to implement "Alternative IV"
to modify the traffic signal at the intersection of Meats Avenue and Orange Olive Road;evaluate
the affects of "Alternative IV"; direct the Police Department to maintain increased enforcement
activities on Shaffer Street depending on their priorities and availability of resources;
and request additional information on the temporary prohibition of barriers be brought back
to Council at the January 14,1996 meeting.PAGE
11
CITY COUNCIL MINUTES December 10,1996
6. ADMINISTRATIVE REPORTS (Continued)
6.2 Report from the Director of Community ServiceslLibrary requesting Council
approve: (1) the findings of the energy audit performed by AirCon Energy Services, Inc.,
of all mechanical and lighting systems; (2) implementation of mechanical and lighting
systems at specific City facilities in the amount of$974,389; (3) authorize payment to
AirCon Energy Services, Inc., in the amount of $40,000 for completion of the energy audit
per the consultant agreement; (4) authorize the City Manager to prepare a designlbuilt
contract with AirCon Energy Services, Inc., for the construction and implementation of the
mechanical and lighting retrofit; and (5) appropriate $329,389 from Unappropriated
Funds (Building Maintenance). (p2500.0)
The Director of Community ServiceslLibrary reported on the problems and concems with City-
owned and operated facilities and buildings, indicating that AirCon Energy Services, Inc. has the
expertise to handle the comprehensive approach needed for the maintenance and upkeep of the
City facilities.
The Community Services Manager reported on the comprehensive technical audit performed by
AirCon Energy Services, Inc. with findings related to the heating, air conditioning, and lighting
systems throughout all City facilities.
Scott Slavinsky, President of AirCon Energy Services, Inc. reported the goal of the study is to
modernize the old heating and cooling systems, increase the efficiency of the systems, improve
occupant comfort, and do so in such a way that the savings pay for the cost of the project. The
problems, options and solutions were looked at for each facility. Many of the City's heating and
cooling systems are past their useful life. It is estimated that approximately $187,000 could be
saved annually, or approximately 23% of total energy costs, if the recommended measures are
implemented. Under the design/built contract, AirCon would design the retrofits, obtain bids for
the work, work with staff to select the companies to do the work, which is mostly sub-
contracted out to local contractors. The economics are approximately $1 million for Phase I;
approximately 76,000 a year in savings, with an approximate 13 year pay
back.In response to Councilman Murphy, Mr. Slavinsky explained the standard used for
determining the useful life of equipment. It was clarified that the proposed equipment will pay back in
energy costs long before its useful life is worn out. The annual savings are a combination of repair
costs and energy costs
savings.Mayor Coontz asked if the conservative approach to the cost savings has to do with
deregulation and the process for reduced costs. Mr. Slavinsky explained the criteria in the energy
contract statute says the project must pay for itself. If AirCon Energy Services, Inc. is aggressive
in estimating cost savings and it doesn't pay foritselffor the life of the equipment, the intent is
not being met. Mayor Coontz responded that one of the reasons for deregulation is that it would
be smart to cut
back.PAGE
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CITY COUNCIL MINUTES December 10,1996
6. ADMINISTRATIVE REPORTS (Continued)
Phase I of the project includes:
Mechanical system modifications to the Police headquarters building
Mechanical system modifications to the Fire headquarters building
Mechanical system modifications to the Main Library building
Mechanical system modifications to the Senior Citizen building
Lighting system in the Police headquarters building
Lighting system in the Fire headquarters building
Lighting system in the Main Library building
Phase II only suggests but does not make recommendations at this time.
Tim Hayes, Vice President of AirCon Energy Services, Inc., in response to Councilman Murphy,
explained there is little savings from the Energy Management System at the Fire headquarters
and Main Library. At the Police headquarters, almost all of the savings are a result of the Energy
Management System, as the building is extremely poorly controlled.
Mayor Coontz expressed concern and suggested a policy be prepared for future repair and/or
replacement of equipment. The City Manager explained Council adopted a goal which includes
an Equipment and Facility Maintenance and Replacement Program for repair and replacement of
equipment, similar to that which was used in the past for vehicle replacement.
Councilman Murphy expressed concern with the deregulation of power, projections in terms of
power cost savings, and the volatility of the market.
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
the findings of the energy audit performed by AirCon Energy Services, Inc. of the mechanical and
lighting system; implementation of the mechanical and lighting systems at specific City facilities
in the amount of $974,389 subject to any particular changes in priority, in the case of
another sort of a fatality amongst our antiquated systems that it may have to be re-prioritized on the
basis of something that could go down tomorrow; authorize payment to AirCon Energy Services, Inc.
in the amount of $40,000 for completion of the energy audit per the consultant agreement; authorize
the City Manager to prepare a design/built contract with AirCon Energy Services, Inc.
for the construction and implementation of the mechanical and lighting retrofit; and appropriate $
329,389 from Unappropriated Funds (Building Maintenance).6.3 Report
from the Direetor of Community Development concenaing a Deferred Payment Loan in
the amount of $35,000 for Case # 617 and authorize the Finance Department to prepare
a warrant. (C2500.G.1.3.3)PAGE 13
CITY COUNCIL MINUTES December 10,1996
6. ADMINISTRATIVE REPORTS (Continued)
The Housing Manager explained the current guidelines for the Deferred Payment Loan program
are at $25,000, however, this case will exceed that limit. It has been Council's past policy to
approve exceeding the $25,000 limit. The loan is interest bearing and interest and principal are
repayable in full. The loan is based on an estimate of cost. The homeowner would only be
loaned the amount necessary to complete the project, which has not been bid. Payment goes to
the contractor only for the costs which are part of the rehabilitation process.
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
a Deferred Payment Loan up to $35,000 for Case No. 617 and authorize the Finance Department to
prepare a warrant.7. REPORTS FROM
CITY MANAGER - None 8.LEGAL AFFAIRS Tape
1695 8.1 ORDINANCE NO.
25-96 An Ordinance of
the City Council of the City of Orange repealing Chapter 8.06 of the Orange Municipal Code and
replacing it with a new Chapter 8.06 relating to the abatement of unattended shopping carts. (A2500.
0)MOTION SECOND AYES
Slater
Murphy
Murphy,
Slater, Mayor
Coontz, Spurgeon,
Alvarez Moved that Ordinance No. 25-96
have second reading waived and be adopted and same was passed and adopted by the
preceding vote.8.2 ORDINANCE NO. 27-
96 An Ordinance of the
City Council of the City of Orange establishing Term Limits for the Offices of City Council and
Mayor. (A2500.0)MOTION - Murphy SECOND - Spurgeon
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon,
Alvarez Moved that Ordinance No. 27-96 have
first reading waived and same was set for second reading be the preceding vote.PAGE 14
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CITY
COUNCIL MINUTES December 10, 1996 8.
LEGAL AFFAIRS (Continued)8.
3 ORDINANCE NO. 28-96
An Ordinance of the City Council of the City of Orange amending Title 15 of the Orange
Municipal Code relating to exemptions from the requirement of building and relating permits.
A2500.0)
MOTION - Murphy SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance
No. 28-96 have second reading waived and be adopted and same was passed and
adopted by the preceding vote.8.4
ORDINANCE NO. 31-96 An
Ordinance of the City Council of the City of Orange amending the Southridge Area XX Planned
Community District Text for property situated north of Serrano Avenue and east of Loma
Street. (Z1500.0 ZCG-1180-
96)Zone Change
1180-96 Standard Pacific of
Orange
County
MOTION
SECOND AYES
Slater Spurgeon
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
that Ordinance No. 31-96 have second reading waived and be adopted and same was
passed and adopted by the preceding vote.
8.5 ORDINANCE NO. 32-
96)An Ordinance of the City Council of the City of Orange repealing Chapter9.16 of the
Orange Municipal Code and replacing it with a new Chapter9.16 relating to the prohibition of
drinking in public. (A2500.
0)The Interim City Attorney explained the proposed Ordinance would amend the drinking in
public ordinance to specifically define public place. It will also delete an existing prohibition on
the possession of alcoholic beverages in certain public places. Generally State law controls
matters pertaining to alcoholic beverages. The City does have the authority to regulate drinking
in public. The City currently has an ordinance which bans drinking in public, but public
places have not been specifically defined. As a consequence, the City has recently lost prosecutions
in court. State statutes have found that public areas for the purposes of being drunk in public
or being under the possession of drugs in public include parked cars, hallways of
apartment buildings, driveways, porches and front lawn areas. The Ordinance defines the areas in
which you may not drink in public which include publicly owned property, public parks,
school PAGE
CITY COUNCIL MINUTES December 10,1996
8. LEGAL AFFAIRS (Continued)
grounds, recreation and playgrounds, parking lots open to the public, front yard and driveway
areas of residential areas not enclosed by a fence, common areas and hallways of condominiums,
motels, hotels and homeowners associations, and parked vehicles in any of the foregoing places.
It is also requested that apartment buildings be added to the list with condominiums and motels.
If the Ordinance is passed, the prohibition on possession of alcoholic beverages in public will be
deleted because it is controlled by the State.
Mayor Coontz requested that the Police Chiefs explanation of how the Ordinance would be
applied is important and should be included in the minutes for future reference.
The Police Chief explained that only in aggravated situations would enforcement be done on
individuals drinking on their front porches or lawns. The police department has had the right for
this type of enforcement and it has not been misused to this point. The Ordinance will not
change the way in which the Section of the Orange Municipal Code is enforced. Most alleys are
public and private alleys would be considered common areas. The law was changed
approximately fifteen years ago to where a police officer cannot be a victim of disturbing the
peace but situations can be recognized. It was explained that that police will get involved in
common areas that are loud and boisterous with a potential problem. The criteria for new events
with alcohol would be handled according to the nature of the event. Individuals requesting a
special event are required to obtain an alcohol permit with the City and with State Alcoholic
Beverage Control.
The Interim City Attorney confirmed it would be a technical violation for a person drinking
alcohol in front of their property as the law must apply uniformly. A lot of discretion is used by
the officer as to when the law is and is not enforced. The back yard of a person's property and
the house itself would be in a zone of privacy in which the police would need a warrant to enter.
The police could not look over the fence, enforcement would only be in the front yard area that is
not enclosed.
MOTION - Mayor Coontz SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance
No. 32-96 have first reading waived and same was set for second reading by the
preceding vote; inclusion of the explanation from the Police Chief regarding the adherence to the
Ordinance; and include "apartment building" to the defined areas. /"'.8.6
ORDINANCE NO. 33-96 An
Ordinance of the City Council of the City of Orange amending Chapter 5.35 of the Orange Municipal
Code regarding the provision of ambulance services. (A2500.0)The
Interim City Attorney indicated the purpose for this Ordinance is in case the Urgency Ordinance
adopted on November 26, 1996 is invalidated.PAGE
16
1
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CITY COUNCIL MINUTES December 10, 1996
8. LEGAL AFFAIRS (Continued)
MOTION - Spurgeon SECOND -
Mayor Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez 1oved that Ordinance
No. 33-96 have first reading waived and same was set for second reading by the
preceding vote.8.7
ORDINANCE NO. 34-96 An
Ordinance of the City Council of the City of Orange amending Chapter 8.36of the Orange Municipal
Code regarding weed and rubbish control. (A2500.0)MOTION -
Murphy SECOND - Spurgeon
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No.
34-96 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 -
None 11. RECESS The City
Council recessed
to a Closed Session for the following purpose:a. To consider and
take possible action upon such other matters are as 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.The Interim City Attorney
announced there was no need for a Closed Session.12. ADJOURNMENT MOTION - Murphy
SECOND - Mayor
Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon,
Slater The City Council adjourned at 6:34
p.m. in memory of Dick Gould, Orange Camera.CAJ~.tGVt/'~CASSANDRA J. THCART, CMC CITY
CLERK PAGE17