09-12-1995 Council MinutesAPPROVED BY THE CITY COUNCIL ON SEPTEMBER 26, 1995.
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
September 12, 1995
The City Council of the City of Orange, California convened on September 12, 1995 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 Mark Murphy
1.2 ROLL CALL
PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT -
None 1.3
APPROVAL OF MINUTES Regular Meeting
August 22, 1995.MOTION - Barrera
SECOND - Murphy AYES -
Murphy, Barrera, Mayor
Coontz, Spurgeon, Slater ACTION: Approved.1.4 PRESENTA
TIONSI ANNOUNCEMENTSI
INTRODUCTIONSMayor Coontz announced the City
Manager, David Dixon, passed away on September 10,1995. A memorial service will
be held at City Hall on September 14, 1995 at 3:00 p.m.with a reception following in
the Weimer Room. The funeral will take place on September 16, 1995 at the LDS
Church, Anaheim Sixth Ward, 5275 E. Nohl Ranch Rd., Anaheim.The viewing is at 10:
00 a.m. followed by the funeral at 11 :00 a.m. and burial at Fairhaven Cemetery in Tustin.The following
resolution was adopted:
RESOLUTION NO: 8518 A Resolution
of the City
Council of the City of Orange honoring the memory of City Manager David F. Dixon for
his outstanding contributions to the City of Orange.C2500.E)MOTION - Murphy SECOND -
Spurgeon AYES -
Murphy, Barrera, Mayor
Coontz, Spurgeon, Slater
That Resolution No. 8518 as introduced be adopted
and same was passed and adopted by the preceding vote.PAGE 1
CITY COUNCIL MINUTES September 12, 1995
1.5 PROCLAMATIONS
Rosanne Miller, Library Literacy Manager was presented a Proclamation honoring
National Literacy Month, Septen1ber, 1995.
April Fauls, representing the ABW A was presented a Proclamation honoring American
Business Women's Day in Orange, September 22, 1995.
2.CONSENT CALENDAR TAPE 304
2.1 Declaration of City Clerk, Cassandra 1. Cathcart, declaring posting of City Council agenda
of a regular meeting of September 12, 1995 at Orange Civic Center, Main Library, Police
facility at 1107 North Batavia and the Eisenl10wer 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 August 22 and 25, 1995.
ACTION: Approved.
REMOVED AND HEARD SEPARATELY)
2.3 CLAIMS FOR DAMAGES FROM: (C3200.0)
a. Steven Miller
b. Marilyn Dunger dba Dunger & Associates
c. James E. Dunger
d. David L. Carpenter
e. Michelle Hughes
FISCAL IMPACT: None.
The City Attorney advised the litigation process has been initiated on Mr. Miller's case and
this is not the forum to resolve the legal issues. It was recommended Council not engage
in any dialogue. The recommended denial of the claim does not mean that the City Cam10t
continue to meet with Mr. Miller's Attorney, Mr. Daily. The City will continue to meet
with Mr. Daily, on an attorney to attorney basis. The recommendation begins the statute
of limitations for filing in court.
The following people spoke:
James Daily, Reinecke & Daily, 4100 Newport Place, Ste. 920, Newport Beach, Attorney
for Steven Miller, related the incident which resulted in the claim filed.
Kristy Miller, 2960 Champion Way, #2704, Tustin, wife of Steven Miller, spoke on the
behavior of the City's Police Officers that investigated the case.
PAGE 2
CITY COUNCIL MINUTES September 12, 1995
2. CONSENT CALENDAR (Continued)
Steven Miller, 2960 Champion Way, #2704, Tustin, recounted the incident and issues
related to the case.
James Dunger 1800 E. Garry Ave., #107, Santa Ana, spoke on his claim.
MOTION - Spurgeon SECOND -
Murphy AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Denied claims
and Application for Permission to Present Late Claim and referred to City
Attorney and Adjuster.2.4 RESOLUTION
NO. 8513 A Resolution of
the City Council of the City of Orange amending and revising the master schedule offees and
charges as authorized by Orange Municipal Code Chapter 3.10.C2500.J.1.
0.l)ACTION: Approved.REMOVED
AND HEARD
SEPARATELY)2.5 RESOLUTION
NO. 8514 A Resolution of
the City Council of the City of Orange authorizing certain staff to receive state and federal
hazard mitigation grant funds on behalf of the City. (C2500.H)Barbara DeNiro, 1118
E. Adams, requested an explanation of the funds.The Fire Marshall
explained the grant funds are from the State and Federal governR1ent providing financial assistance
for the Hazard Mitigation Grant Program which includes earthquake retrofitting of
certain buildings and asbestos removal at City Hall.MOTION - Murphy SECOND -
Spurgeon AYES - Murphy,
Barrera, Mayor Coontz,
Spurgeon, Slater ACTION: Approved.REMOVED AND HEARD SEPARATELY)
2.6
RESOLUTION NO. 8515 A
Resolution of the City Council
of the City of Orange finally accepting the completion of a certain public work and improvement. (
A2500.0.Agr.2321)Bid No. 945-03, Ecology Construction,
Inc.Construction of Fire Hydrants at
Orange Mobile Home Park, 1931 Meats Ave.PAGE 3
CITY COUNCIL MINUTES September 12, 1995
2. CONSENT CALENDAR (Continued)
Carole Walters, 534 N. Shaffer, acting resident of Orange, thanked the Fire Department
and ChiefRudat on behalf of an 87 year old lady who had no water pressure. All the
residents of the mobile home park appreciate the City's assistance.
MOTION - Murphy SECOND -
Spurgeon AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.2.
7 Request
Council accept a check in the amount of $2,600 from Target Stores and appropriate same to
General Fund Contractual Services Account No. 100-7011-427800 for
the Concert in the Park series. (C2500.N)FISCAL
IMPACT: $2,600 check to be deposited to Revenue Account No. 100-7011-
293900 and appropriated to Account No. 100-7011-427800 (Other
Contractual Services)for payment of
band perfonnances.
ACTION: Approved.2.8 Request Council accept a conservation easement, for the purpose of
preserving habitat areas and significant native vegetation located within the Crawford
Hills Development project. The easement is being granted to fulfill the conditions of
project approval requiring compliance with the Federal Endangered Species Act, and in
accordance with the requirements of the U. S. Fish and Wildlife Service. (
04000.0)FISCAL IMPACT: None. All maintenance of the easement area is the
responsibility of the underlying
property owner.
ACTION: Approved.REMOVED AND HEARD SEP
ARATEL Y)2.9 Request to remove the pedestrian crosswalk at the intersection of Walnut
Ave. and
Hamlin St.FISCAL IMPACT: Funds are budgeted in General Fund Account
No. 100-
5032-427100 Contractual
Services).MOTION - Spurgeon
SECOND - Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon,
Slater Moved to remove this item from the agenda as recommended by the City Traffic
Engineer.ACTION:
Approved.PAGE
CITY COUNCIL MINUTES September 12, 1995
2. CONSENT CALENDAR (Continued)
2.10 The Planning Commission recommends the City Council find that public convenience and
necessity will be served by the issuance of an alcoholic beverage license to allow for the
off-sale of alcoholic beverages at the proposed Sav-On Drug Store at
the northwest comer of Tustin Street and Meats Avenue, within the Orange
Mall development.p1300.
0.2)FISCAL IMPACT: The application fee collected for Conditional Use
Permit 2119-95 offsets the cost of processing the project through the
public hearing
process.ACTION: Approved.2.11 Request Council allocate $16,016 from Unallocated Reserves of the General
Fund for the jail booking fees that were incurred between July I and 20,
1995. (C2500.K)FISCAL IMPACT: This will deplete the Unallocated Reserves of the
General Fund by 16,016. Funds should be allocated to Account No.
100-4001-
466100 (General
Fund-Jail Booking Fees).ACTION:
Approved.2.12 RESOLUTION NO. 8511 A. Resolution of the City Council of the City
of Orange approving Lot Line Adjustment LL 95-8 adjusting a Lot Line of certain real property
situated at 743 and 759
N. Eckhoff
Street. (C2500.M.16.1)ACTION: Approved.2.13 Request from Leamon and Ruth Kearney, and
Jan Allnutt, owners of residential parcels in the unincorporated County of Orange, to
connect their properties to the existing
City sewer. (A2100.0.Agr.2481,
2482)Locations: 15561
and 15571 Cully Drive FISCAL IMPACT: None.ACTION: Authorized Mayor and City Clerk to
execute agreements on behalf
of the City.REMOVED AND
HEARD SEPARATELY)2.14 RESOLUTION NO. 8516 A Resolution of the City Council of the
City of Orange upholding the recommendation of the Planning Commission of the City of Orange
and granting a Conditional Use Permit to allow weekly bingo games upon property situated
at 170
CITY COUNCIL MINUTES September 12, 1995
2. CONSENT CALENDAR (Continued)
Applicant: Orange Elderly Services, Inc.
CUP No. 2113-
95 Councilman Slater abstained from this item due to a conflict of
interest.Barbara DeNiro, 1118 E. Adams, asked for an explanation of the State law
regulating smoking in the work place and public places, and further asked if the fact that they
would be serving food in this building violates any
law?The City Attorney responded that a provision is included in the resolution that all
State laws regulating smoking in the work place will be followed. The question of serving
food is not a legal
problem.MOTION - Spurgeon
SECOND - Barrera AYES -
Murphy, Barrera, Mayor Coontz, Spurgeon ABSTAINED: Slater
ACTION: Approved.
2.15
RequestCouncil approve Notice of Agreement to Transfer Contract that identifies the Orange County
Fire Authority as the successor to the Orange County Fire Department.A2100.0.
Agr.l049)FISCAL IMPACT:
None.ACTION: Authorized
City Manager to execute on behalf of the City.REMOVED AND
HEARD SEPARATELY)2.16
RESOLUTION NO. 8512 A Resolution
of the City Council of the City of Orange amending the Executive Management, Staff
Management, and Labor Confidential Resolution No. 8362 to increase the salary
ranges for the positions of Community Services Director from Range 557 5737 - $7357)
to Range 584 ($6564 - $8418) and the Fire Chief from the current range 579 ($6403 - $8211) to
Range 584 ($6564 - $8418) effective September 12, 1995.C2500.J.4.6)Barbara DeNiro,
1118 E. Adams, requested
an explanation ofthe $11,600 under fiscal impact in the backup report, furlough
and compaction problems.PAGES
CITY COUNCIL MINUTES September 12, 1995
2. CONSENT CALENDAR (Continued)
The Interim Personnel Director explained it was the difference between the current and
new salaries based on the remainder of this fiscal year. The Community Services Director
is subject to the furlough which is a 10% reduction. The figures do not reflect the 10%
reduction. Compaction refers to the fact that one salary is too close to the subordinate
position, with little difference between salaries.
MOTION - Slater SECOND -
Spurgeon AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.2.
17 Request
Council approve the purchase ofa Von Arx Model VA25S Grinder and FR200 Cutters and appropriate
the necessary funds from unappropriated Special Gas Tax Fund Reserves Account 271
to Account No. 271-S021-471302 (Equipment Replacement).C2S00.
M.8)FISCAL
IMP ACT: Funds for this minor capital equipment acquisition were not budgeted in
the I 99S/96 Fiscal Year. A transfer from Unappropriated Special Gas Tax Fund Reserves
Account 271 to the Equipment Replacement Account No. 271-S021-471302
in the amount of$7,000.00 will be necessary if this request is
authorized.ACTION:
Approved.REMOVED AND HEARD
SEPARATELY)2.18 Request Council approve assistance to Mr. and Mrs. Dehm for moving, rental
assistance and related expenses to vacate 491 S. Alpine which was purchased by the City
in February, 1995. (A21oo.0.Agr.
23S0)FISCAL IMPACT: Funds are available in Fund 271 (Special Gas Tax) and are
budgeted as follows: Account No. 271-S011-4833OO-3227 in the amount
0[$17,266.00.Barbara DeNiro, 1118 E. Adams, requested an explanation
regarding the
moving and related expenses.The City Engineer explained the City acquired this property
for the LaVeta Avenue widening project. A tenant was living on the property and was
asked to vacate the premises. Under the tenns of the California Relocation Assistance Act
the City must pay for the tenant to relocate to comparable housing. The costs
amounted to several months of deficient rent and the difference between rental payments
for the comparable housing.The Real Property Officer further explained the City is
investigating the expense of rehabilitating the
structure versus
CITY COUNCIL MINUTES September 12, 1995
2. CONSENT CALENDAR (Continued)
MOTION - Murphy SECOND -
Coontz AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.2.
19 Request
Council approve contract with Budd Sutton and Associates for Glassell Streetscape Study. This
work is necessary to complete the enviromnental document for this project. (A2100.
0.Agr.2483)FISCAL IMPACT: Funds
in the amount of $5,950.00 are budgeted in Account No. 272-5011-483300-3015 (
Gas Tax 2105).ACTION:
Authorized City Manager to execute on behalf of the City.2.
20 Request Council approve contracts, not to exceed $10,000 each, with four land surveying finns
to supply as-needed surveying services for Public Works.
A21 00. 0.Agr.2484,2485,2486)
FISCAL IMPACT: Funds are available in Account No. 100-5011-411102 (
General Fund,Labor) for transfer to 100-
5011-426700 (professional Services).ACTION: Authorized Mayor and City Clerk to execute on
behalf of the City.2.21 Request Council approve contract with Moffatt and Nichol Engineers in
an amount not to exceed $123,320 for design of the Loma Street road and
bridge widening from Santiago CanyonRoad to 150 feet:!: north of Santiago Creek. (
A2100.0.Agr.2488)FISCAL IMP ACT: Funds are available in Fund 271 (Special
Gas Tax Construction) and in Fund 550 (DPW Improvements - GMA reimbursable 1995-96)
and
are budgeted as
follows:
Account
No. 271-5011-
483300-3819,550-
5011-483300-3819
TOTAL 63,320.00 60.000.00 123,320.00 ACTION: Authorized Mayor
and City Clerk to execute on behalf of the City.2.22 Request Council award Bid
No. 945-36, SP 3136 to Damon Construction Inc. in the
amount of $78,289.
50, for sidewalk construction on Lincoln Avenue.A2100.0.Agr.2489)FISCAL IMPACT: Upon
contract award OCTA will provide
a grant
from
SB
821 funds,
Account 330, available
as follows:Fiscal
Year 92-
CITY COUNCIL MINUTES
94-
95 September 12,
1995 37,428.
00 2. CONSENT CALENDAR (
Continued)It is requested that $102,263.00 be appropriated to Account 330-
5011-483300-4011 for the contract award cost overrun, design
and construction engineering costs.ACTION: Authorized Mayor and City Clerk to execute on
behalf of the City.
REMOVED AND HEARD SEPARATELY)2.23 Request Council approve an extension to the existing
contract with Hydrosolutions of California to add the implementation and monitoring of a
4-phase, soil remediation project at Fire Headquarters for underground storage tank facilities.
The City entered into a contract with Hydrosolutions on May 26, 1992, to provide similar
services at the City's maintenance yardfacility. (
A2100.0.Agr.1951.l)FISCAL IMP ACT: Total cost $48,230. There are sufficient
funds in Account No.
720-5023-481302-9856 (Underground Storage Tanks).Barbara DeNiro, 1118 E. Adams,
asked for an explanation of the problem.The Street Superintendent explained
the Fire Headquarters is being monitored for potential contamination that may have
occurred by the underground storage tanks. The next site for monitoring is the water plant.
The
monitoring is for
health and safety
reasons.MOTION - Barrera SECOND - Spurgeon AYES - Murphy, Barrera,
Mayor Coontz,
Spurgeon, Slater ACTION: Approved.2.24 Request Council award Bid No. 956-03, SP 3111, Alternate II to
R.J. Noble Company in the amount of$I13,522.95 for the reconstruction of
Cypress Street between Palm Avenue and Walnut
Avenue. (A2100.0.Agr.2489)FISCAL IMP ACT: Funds are available in
the Federal Community Development Block
Grant program for this project.The amount of $140,000 in CDBG funds is
recommended for appropriation to Account No. 310-6057-473300-1814
for the
contract award, overrun, design and construction engineering costs.ACTION: Authorized Mayor and City
Clerk to execute on behalf of the City.2.25 Request Council award Bid No. 956-
05, SP 3109 to Hillcrest Contracting Inc. in the amount of $219,015.78, for
the reconstruction of Lemon Street from Chapman Avenue to Maple Avenue and Maple Avenue
from
Atchison Street
CITY COUNCIL MINUTES September 12, 1995
2. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Federal CDBG funds are available for this project and appropriations
in the following Account Nos. are requested for the cost of contract award, cost overruns,
design and construction engineering:
Fiscal Year 92-93 -
310-6055-473300-1326 - $9,612.15 - Street Reconstruction; 310-
6056-473300-1326 -50,366.00 - Street Reconstruction - Fiscal Year
93-94-310-6056-473200-1325 - $202,180.
34 - Sewer Construction.This also includes a request for fund transfer of $76,000.00 from
Account No. 310-6056-491300-
1070 to Account No. 310-6056-473300-1326.ACTION: Authorized Mayor and City
Clerk to execute on behalf of the City.2.26 Request from the Developer for Tract
No. 14061 for permission to begin tract grading prior to
the recordation of the Tract Map. (T4000.0)Location: Maybury Ranch area at
the
extension of Mountain
Ave., adjacent
to Santiago Creek.FISCAL IMPACT: None.ACTION: Approved.2.27 Request Council award Bid No. 956-04, D-
117, Alternate I in the amount of $370,318.50 to R & L Sewers,
Inc. Bids were received for Stonn Drain construction at these locations: 1) Batavia Street - Collins to
Nicolas; 2) Main Street - Walnut to Alvarez; 3)Citrus Street - Citrus to
Emerald; 4) Sycamore Street
at Santiago Blvd.A2100.0.Agr.2491)FISCAL IMPACT: CDBG funds are available as
follows for the cost of contract award,design
and construction engineering: Main Street
Stonn Drain:No. 310-6055-
473400-1811-$95,303.05;
No. 310-6056-
473400-1811-$114,696.95;
No. 310-6057-
473400-1811-$42,978.96;
Batavia Stonn Drain:No.
310-6057-473400-1810-$188,
936.99;Undesignated Stonn Drain:No. 530-5011-483400-5001-$7,565.00;
City of
CITY COUNCIL MINUTES September 12, 1995
2. CONSENT CALENDAR (Continued)
2.28 Request Council approve Water Service Area Agreement between the City of Orange and
the Orange Park Acres Mutual Water Company. This agreement provides for emergency
interconnections between the City's and the OP A Mutual's water system in exchange for
Mutual's release of a portion of its service area for water service by City.
A2100.0.Agr.0506.1)
FISCAL IMP ACT: Future water sales revenue from disputed area to accrue to City.
ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.
2.29 Request City Council approve Recession of Parking Agreement, regarding property
located at 501-635 West Palm Avenue (West Palm Industrial Park). (A2100.0.Agr.
1091)FISCAL IMPACT:
None.ACTION:
Approved.REMOVED AND HEARD
SEPARATELY)2.30 Request Council approve the request of the Finance Director for authorization to
cease collection efforts for Uncollectible Receivables and write-off of
certain Accounts Receivable. (C2500.
J.l)FISCAL IMP ACT: Funds are budgeted each year for the write-off
of
uncollectible utility receivables.Barbara DeNiro, 1118 E. Adams, asked how did the paramedic
billing arrive at
195,988.24?The Finance Director explained the paramedic billing is approximately 50%
of what the City bills. The Finance Department has implemented various measures
to improve the collection in this area. These bills are sent to an outside collection
agency for further expediting. There is also a new computer system which will get the billing
out quicker and improve the collection percentage. Also, in writing off these uncollectables,
it does not preclude the City from collecting them in the future if
information
would become available.The Interim City Manager reported part of the program that was
approved by Council regarding the Emergency Transportation Program will bring forth
an opportunity to improve collections. The City will be able to bill and collect from
Medicare and MediCal.Barbara DeNiro asked if the City had an
injunction against them.The Interim City
Manager answered no.
MOTION - Murphy SECOND - Mayor
Coontz AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater
PAGE 11
CITY COUNCIL MINUTES September 12, 1995
2. CONSENT CALENDAR (Continued)
ACTION: Approved.
2.31 Request from Holy Fan1ily Cathedral for permission to conduct their am1ual church fiesta
Old California Days" on September 22,23 and 24, 1995. (p1300.0.9)
FISCAL IMP ACT: None. All fees and requirements will have been met prior to the
event.
ACTION: Approved.
MOTION - Spurgeon SECOND -
Barrera AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Items 2.3,
2.5, 2.6, 2.9, 2.14, 2.16, 2.18 and 2.30 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 1722 5.1 Reappointment of the
following
members to the City Traffic Commission, terms to expire September 30, 1999: (OR1800.0.
19)Frank Sciarra William Leming MOTION SECOND
AYES Murphy
Barrera Murphy,
Barrera,
Mayor
Coontz,
Spurgeon,
Slater Approved
reappointments.6.ADMINISTRATIVE REPORTS TAPE 1736 6.
1 Status
Report from Interim Personnel Director
regarding the Organization Transitional Plan. (C2500.J.4)The Interim Personnel
Director reviewed the objectivesof
the Organization Transitional Plan and reported the plan is on schedule. To date
twelve employees have filed for early retirement. It was predicted approximately 17-20 employees would retire by
October 23, 1995. If those predictions hold true, the estimated savings to the
City would be approximately $700,000 this fiscal year. A PAGE 12
CITY COUNCIL MINUTES September 12, 1995
6. ADMINISTRATIVE REPORTS (Continued)
report will be presented to Council in October once the solid figures on the early retirement are
complete. Communications will be improved by meeting with Department Heads and key
managers to review financial and service delivery goals. There needs to be a solid team approach
and management commitment is critical. Departments will involve their staff in the process, such
as discussing ideas, concepts and providing feedback on organizational alternatives developed by
management. Employee organizations will be involved in all discussions with open lines of
communication. A status report indicating the accomplishments will be presented to Council in
early November.
MOTION
SECOND
AYES
Mayor Coontz Barrera
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved to accept
the oral report.7.REPORTS FROM
CITY MANAGER TAPE 1958 7.1 Discussion
of pros and cons of privatization of asset management of City's investment portfolio, including costs
for in-house manager and status of Investment Committee.Continued from
August 8, 1995.) (C2500.F)The Interim
City Manager reported Council, in concurrence with the Investment Committee's recommendations, directed
him to fill the position of Investment Manager with an independent outside finn
to assist the City in managing its securities for investment purposes. The Interim City Manager is
to then pursue permanently filling the position with a qualified person whose primary purpose will
be to manage and advise the City's securities.Bob Bennyhoff,
10642 Morada Dr., requested an explanation of the relationship between the Finance Director
and the Investment Manager.The Interim
City Manager responded the Finance Director manages the operations of the Finance Department and
the Investment Manager would manage the City's bonds and other securities for long tenn
investment and safeguarding.The City
Attorney opined in shaping the job description of the Investment Manager, it is important to
avoid incompatibility of offices.MOTION SECOND
AYES
Spurgeon
Murphy
Murphy, Barrera,
Mayor
Coontz, Spurgeon, Slater Moved to accept the
report.PAGE 13
CITY COUNCIL MINUTES September 12, 1995
7.2 City Computer Virus
The Interim City Manager am10unced a virus had attacked the City's computer system. The
employees have been going the extra mile to get their nonnal workload accomplished. BRC has
been working overtime to correct the problem and they are to be congratulated.
8.LEGAL AFFAIRS TAPE 2159
8.1 ORDINANCE NO. 14-
95 An Ordinance of the City Council of the City of Orange amending Chapter 10.06 of the
Orange Municipal Code regarding the City Traffic Commission. (A2500.
0)
MOTION
SECOND
AYES Slater
Barrera Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance
No. 14-95 have amended first reading waived and same was set for second reading
by the preceding vote.8.
2 ORDINANCE NO. 15-95
An Ordinance of the City Council of the City of Orange amending Section 10.14.050 of Chapter
10.14 of the Orange Municipal Code Pertaining to Speed Limits. (A2500.0)
MOTION
SECOND
AYES
Spurgeon Barrera
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater That Ordinance No.
15-95 have first reading waived and same was set for second reading by the preceding vote.
8.3
ORDINANCE NO. 16-95 An
Ordinance of the City Council of the City of Orange amending Section 17.14.060 to the Orange
Municipal Code relating to Accessory Second Housing Units. (A2500.0)Amendment:
3-95
MOTION
SECOND
AYES
Barrera Murphy
Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance
No. 16-95 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 PAGE
14
CITY COUNCIL MINUTES September 12, 1995
10. ORAL PRESENTATIONS
Carole Walters, 534 N. Shaffer, remarked that she is not against early retirement for City
employees, however the residents lose money when employees retire because the community loses
the benefit of their knowledge and experience.
11. RECESS
MOTION
SECOND
AYES
Barrera Murphy
Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater The City
Council recessed at 6:00 p.m. to a Closed Session for the following purposes:a. Conference
with Legal Counsel - existing litigation pursuant to GovernR1ent Code Section 54956.9(a):
City of Orange
vs. James Daum, et al., Orange County Superior Court Case No. 73-86-30 b.
Public Employee release pursuant to Govemment Code Section 54957.c.
Conference with Legal Counsel - anticipated litigation.Initiation oflitigation
pursuant to GoVernn1ent Code Section 54956.9 (c) (two potential cases).d. Employee
appointments pursuant to Government Code Section 54957: Pennanent City Manager and
Investment Manager.e. To
consider and take possible action upon such other matters as are orally announced by the City Attorney,
City Manager, or City Council prior to such recess unless the motion to recess indicates any
of the matters will not be considered in Closed Session.7:00
P.M. SESSION 12. INVOCATION
Mike Oakland,
Christian Businessmen's Association 12.1
PLEDGE OF ALLEGIANCE TO THE FLAG Led by
Councilman Mark Murphy 12.2
ANNOUNCEMENTS - None 12.3 INTRODUCTIONS -
None PAGE 15
CITY COUNCIL MINUTES September 12, 1995
12.4 PROCLAMATIONS
Proclamation was presented to Sharon Sleppy, President of the Orange Emblem Club
recognizing National Emblem Club Week of September 17-23,
1995.12.5 PRESENTATIONS - None
13.PUBLIC HEARINGS TAPE 2628
13.1 SITING ELEMENT AND SUMMARY PLAN OF THE COUNTYWIDE
INTEGRA TED WASTE MANAGEMENT PLAN
Time set for a public hearing on petition by the City of Orange to consider approving the Siting
Element and Summary Plan of the Countywide Integrated Waste Management Plan. (C23oo.L)
MAYOR COONTZ OPENED THE PUBLIC HEARING.
The Sanitation Coordinator reported the California Integrated Waste Management Act of 1989
AB 939) requires local jurisdictions to prepare and implement comprehensive plans to manage
solid waste. In order to comply with the mandate, each city throughout the county prepared a
Source Reduction and Recycling Element (SRRE), Household Hazardous Waste Element and
Non-Disposal Facility Element. The Countywide Integrated Waste Management Plan is
a compilation of these documents including a Siting Element and a Summary
Plan.In accordance with California Code of Regulations (Title 14, Division 7, Chapter 9, Article
8,Sections 18782 and 18783 each city is required to adopt the Countywide Integrated
Waste Management
Plan.THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.RESOLUTION NO.85
10 A Resolution of the City Council of the City of Orange approving the siting element and
Summary Plan of the Countywide Integrated Waste Management
Plan.
MOTION
SECOND
AYES Murphy
Barrera Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater That Resolution
No. 8510 was introduced and adopted and same was passed and adopted by the preceding vote.
PAGE 16
CITY COUNCIL MINUTES
13. PUBLIC HEARINGS (Continued)
13.2 NEGATIVE DECLARATION 1477-95 - CITY OF ORANGE TAPE 2739
September 12, 1995
Time set for public hearing to evaluate impacts related to the rehabilitation of a 260 unit
apartment complex located on 17 acres west of Prospect Street and east of McPherson Road
between Spring Street and Center Street in the City of Orange. A tenant relocation plan has been
prepared to mitigate potential impacts. (N12oo.0)
MAYOR COONTZ OPENED THE PUBLIC HEARING.
NOTE: This discussion includes Items 13.2, 13.3 and Redevelopment Agency Agenda Item
10.1.)
Negative Declaration 1477-
95 The Director of Community Development reported Negative Declaration 1477-95
addresses the impacts of the project and
mitigation measures.Redevelopment Agency - Relocation
Plan In addition to the rehabilitation of the project, the City is required by State law to provide
for relocation of any existing qualifYing residents. A preliminary relocation plan was provided
to Council and prepared by Pacific Relocation. It had a 30 day public review and public
comments are
included.Pacific Relocation estimated it could take as much as $4.5 million to relocate individuals per
State law
guidelines.Proposed Issuance of Multi-family Housing Revenue Bonds by the City for
the acquisition and rehabilitation of the Villa
Santiago Apartments.This would allow the City to be the conduit for the sale 0[$13,500,000 of
multi-family mortgage revenue bonds to assist with the long tenn financing of the development. The City is
not at risk for the $13,500,000. This financing is guaranteed by the Federal
National Mortgage Association.Escrow will close
late September, 1995.The Director of Community Development indicated Council will receive
regular status reports and Prospect Elementary School will be infonned of the
project's progress.THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED
THE
PUBLIC
HEARING.
MOTION
SECOND AYES
Murphy Slater Murphy, Barrera, Mayor Coontz, Spurgeon,
Slater Moved to approve Negative Declaration
1477-95.
CITY COUNCIL MINUTES September 12, 1995
13. PUBLIC HEARINGS (Continued)
13.3 PROPOSED ISSUANCE OF MULTI-FAMILY HOUSING REVENUE BONDS
BY THE CITY OF ORANGE FOR THE ACQUlSmON AND REHABILITATION OF
THE VILLA SANTIAGO APARTMENTS LOCATED GENERALLY AT 11841
PROSPECT A VENUE, CITY OF ORANGE (C2500.G.1.
5)Time set for public hearing on petition by the City of Orange to consider the proposed issuance
of multi-family mortgage revenue bonds in a principal amount not to exceed $13,500,000 by
the City of Orange on behalf ofF.C. ORANGE ASSOCIATES L.P. for the acquisition
and rehabilitation of the Villa
Santiago Apartments.NOTE: See Item 13.1 for
Council discussion.RESOLUTION
NO. 8517 A Resolution of the City Council of the City of Orange authorizing the issuance
of multi-family housing revenue bonds (Villa Santiago Rehabilitation
Project-Federal National Mortgage Association New Construction Forward Commitment Program), Series 1995 in
an amount not to exceed $13,500,000 for the purpose of financing the acquisition and
rehabilitation of the Villa Santiago Project and determining other
matters
in
connection
therewith.
MOTION SECOND
AYES Murphy Slater Murphy, Barrera, Mayor Coontz,
Spurgeon, Slater That Resolution No. 8517 as introduced be adopted and same was passed and adopted
by the
preceding vote.14. PLANNING AND ENVIRONMENT -
None 15. ORAL PRESENTATIONS - None
16. ADJOURNMENT
The City Council adjourned at 7:30 p.m.
CtJJA/J1AJ~ [Cn/AA-::t
CASSANDRAJ. (tATHCART, CMC
CITY CLERK
7
1 (J f7
J
t:- /
o".
e ~c /(/ ("JOANNE c. COONTZ/!MAYOR ~
PAGE 18