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06-08-1999 Council Minutes APPROVED BY THE CITY COUNCIL ON JUNE 22, 1999 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING June 8, 1999 The City Council of the City of Orange, California convened on June 8, 1999 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 INVOCATION Pastor Hensley, Covenant Life Christian Center 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilman Murphy 1.3 ROLL CALL PRESENT -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Tape 68 Children's Art Co-Chairs, Carrie Hununel and Jacque Houston, recognized the four "Best of Show" winners in the Gogh Van Orange Children's Artwork Competition held on May 1 st and 2nd in which 44 schools and 3500 students participated. Best of show winners were: Chase Secrest, Crescent Intermediate School, Erin Cox, EI Rancho Middle School, Rebecca Lujano, Orange High School, and Daniel Clark, St. Paul's Lutheran School. Also recognized was Danielle Nicoli from Panorama School. Mark Kuli, Chair of the Gogh Van Orange event, presented a plaque to the City Council. Mayor Coontz recognized City employee and Reserve Navy Chief Leroy Striegel for purchasing and donating a POW/MIA flag for the Memorial Day Ceremony at Fairhaven Cemetery. 2. PUBLIC COMMENTS Tape 275 Carole Walters, (address on file), expressed concern that the light rail coming to the City will have little or no impact on pollution and traffic, but will cost the taxpayer's money. She provided Council with information on this issue from the grand jury. Referring to questions related to statements made by Council in the newspaper, Ms. Walters said the City Attorney should indicate "what is" and "what is not" a personal attack. Mara Brandman, 7319 Equitation Way, Orange Park Acres, commented that she lives in a blighted area, referring to the shopping center on the north side of Hewes Street and Chapman Avenue. Council was challenged to find a way to do something about the shopping center. PAGE 1 CITY COUNCIL MINUTES June 8,1999 2. PUBLIC COMMENTS (Continued) Barbara DeNiro, (address on file), expressed concern with children's safety and traffic congestion due to construction at the California Elementary School main parking lot on Cambridge Street, and requested that the Police Department patrol the area this week when traffic gets congested between 7:40 a.m. - 8:10 a.m. and 2:00 p.m. - 2:30 p.m. 3. CONSENT CALENDAR Tape 496 3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of June 8, 1999 at Orange Civic Center, Main Library at 101 N. Center Street, 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. 3.2 Request Council Confirmation of warrant registers dated May 20 and 27,1999. ACTION: Approved. 3.3 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS (REMOVED AND HEARD SEPARATELY) 3.4 Agreement between the City of Orange and the City of Villa Park for Cannon Street Pavement Rehabilitation from 780' south of Taft Avenue to 1,750' north of Taft Avenue to Loma Street. (A2100.0 AGR-3278) SUMMARY: The agreement provides for the payment to Villa Park from the City of Orange Maintenance funds the sum of $80,000 for the City of Orange obligations for the rehabilitation of portions of Cannon Street within the City of Orange. FISCAL IMPACT: Funds are budgeted and available in the following accounts: 262- 5021-483300-3112 $70,580.00 (Measure M - Arterial Street Maintenance), and 262- 5021-483300-3120 $211,670.00 (Measure M - Local Street Maintenance). Councilman Slater commented that concerns have been expressed by Portafina Development residents that when the two lanes are opened upon completion of the PAGE 2 CITY COUNCIL MINUTES June 8, 1999 3. CONSENT CALENDAR (Continued) project, it may create a dangerous situation when making left turns. He asked the City Manager and staff to monitor the situation closely. Before the two lanes are opened, the residents of the Portafina tract be informed and given the opportunity for input. MOTION - Slater SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve the agreement between the City of Orange and the City of Villa Park and authorized the Mayor and City Clerk to execute on behalf of the City. 3.5 Cooperative Agreement with the County of Orange Waste Management Department, IWMD to obtain street and public utility easements for Cannon Street. (A2l00.0 AGR-3277) SUMMARY: The cooperative agreement requires the County IWMD to provide street and public utility easements needed for the widening of Cannon Street to the City at no cost. In exchange, the City provides an easement to the County for the establishment and access for monitoring purposes to gas probes at no cost to the County. ACTION: Approve the Cooperative agreement with County Integrated Waste Management Department, and authorize the Mayor and City Clerk to execute the Cooperative Agreement and transmit to the County for approval. Upon approval of the cooperative agreement by the County, authorize the Mayor and City Clerk to execute the Easement Deed to the County for gas monitoring purposes. FISCAL IMPACT: None. 3.6 Consultant Agreement with WilIdan Associates for providing construction inspection services on an as needed basis for the Public Works Department. (A2l00.0 AGR-3276) SUMMARY: An agreement has been negotiated with Willdan Associates to provide construction inspection services to the City of Orange on an as needed basis. Willdan Associates will provide inspection services as requested by the City and be fully reimbursed on an actual cost basis. ACTION: Authorized Mayor and City Clerk to execute a Consultant Agreement with Willdan Associates for construction inspection services for one year in an amount not to exceed $100,000.00. FISCAL IMPACT: No immediate impact. Costs will be reimbursed from the specific budgeted construction project for which services are requested. PAGE 3 CITY COUNCIL MINUTES June 8,1999 3. CONSENT CALENDAR (Continued) 3.7 Consultant Agreement with Berryman and Henigar for providing construction inspection services on an as needed basis for the Public Works Department. (AZlOO.O AGR-3275) SUMMARY: An agreement has been negotiated with Berryman and Henigar, to provide construction inspection services to the City of Orange on an as needed basis. Berryman and Henigar will provide inspection services as requested by the City and be fully reimbursed on an actual cost basis. ACTION: Approved a Consultant Agreement with Berryman and Henigar for construction inspection services for one year, in an amount not to exceed $100,000.00 and authorized the Mayor and City Clerk to execute on behalf ofthe City. FISCAL IMPACT: No immediate impact. Costs will be reimbursed from the specific budgeted construction project for which services are requested. 3.8 Personnel Legal Services Agreement - Law Firm of Liebert, Cassidy & Frierson. (AZlOO.O AGR-1176.M) SUMMARY: The City is currently utilizing the services of the Law Firm of Liebert, Cassidy & Frierson to represent the City in personnel/safety issues. The funds in the purchase order have been exhausted and the City Attorney would recommend that a new Agreement be entered into through June 30, 2000 in the sum not to exceed $100,000. ACTION: Approved the Agreement with the Law Firm of Liebert, Cassidy & Frierson and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: None. Funds exist in the Personnel Legal Services Account No. 100-0301-426100-9865. 3.9 Legal Services Agreement with the Law Firm of Beam, Brobeck & West. (AZ100.0 AGR-2904-A.l) SUMMARY: The City is currently utilizing the services of the Law Firm of Beam, Brobeck & West with regard to the Vista Royale issue. The funds in the purchase order have been exhausted and the City Attorney recommends that an amendment to the existing Agreement be entered into through June 30, 2000 in the sum not to exceed $250,000. ACTION: Approved the Amendment to Legal Services Agreement with the Law Firm of Beam, Brobeck & West and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: None. Funds exist in the Legal Services Account No. 740-0301- 426100. PAGE 4 CITY COUNCIL MINUTES June 8, 1999 3. CONSENT CALENDAR (Continued) (REMOVED AND HEARD SEPARATELY) 3.10 Proposed Agreement with Union Bank of California for Merchant Card Services. (A2l00.0 AGR-3274) SUMMARY: The City would like to extend its banking relationship with Union Bank of California to include Merchant Card Services. This will enable the City to accept credit and debit cards for payment of specific city services. FISCAL IMP ACT: The fiscal impact of instituting debit and credit card acceptance at the City is estimated to be $5,575.55 for implementation and approximately $10,000 for annual operation. The annual operating charges will vary depending on the actual number of transactions and the dollar value of those transactions. Adequate funds are budgeted in the City Treasurer's budget Account No. 100-0501-434400-0000 (Banking Service Charges). Councilman Alvarez asked if the utility bill could be used as a means of getting the message out? Can the time table for implementation of the program be expedited? The Finance Director responded the utility bill could be utilized in communicating the message. In regards to fast tracking the program, if Council desires, the program could be expedited once the cash balancing and associated procedures are established and the cash handling training completed. The program will begin with the Finance and Community Services Departments. MOTION -Alvarez SECOND -Murphy AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to authorize City staff to begin accepting debit and credit cards for specific City services; award the Merchant Card Services Agreement to Union Bank of California; and direct the City Treasurer to submit the Application for Merchant Card Services and execute the Merchant Bank Card Agreement with Union Bank of California. 3.11 CLAIMS FOR DAMAGES (C3200.0) The City Attorney recommends that the Orange City Council deny the following Claim(s) for damages: a. George Sanchez b. Brian Cretner c. Ali Bassiri FISCAL IMP ACT: None. ACTION: Denied claims for damages and referred to City Attorney and Adjuster. PAGE 5 CITY COUNCIL MINUTES June 8,1999 3. CONSENT CALENDAR (Continued) REAPPROPRIATION OF FUNDING 3.12 Reappropriation of funding for Intersection Widening of La Veta Avenue and Glassell Street. (S4000.S.3.7) Note: Councilman Slater abstained on this item due to a property interest at 222 E. LaVetaAvenue. SUMMARY: Funding from Fund 280, Transportation System Improvement - Area A and Fund 284, Transportation System Improvement - Area B totaling $650,000, is recommended for appropriation for the Intersection Widening of La Veta Avenue and Glassell Street, replacing previously appropriated funds from Fund 271, Special Gas Tax Construction. ACTION: Appropriated $368,295 to Account No. 280-5011-483300-3017; $281,705 to Account No. 284-5011-483300-3017; deleted budgeted appropriation of $650,000 in Account No. 271-5011-483300-3017; and directed the Finance Director to return to unappropriated balance. FISCAL IMPACT: Sufficient funds are available to appropriate to the following accounts: 280-5011-483300-3017 $368,295 (TSIA), and 284-5011-483300-3017 $281,705 (TSIP Area B). 3.13 Purchase and installation of outside entrance sign for EI Modena Branch Library. (C2500.I) SUMMARY: In 1998, the Orange Public Library applied for a discount for telecommunication funding from the Federal Communication Commission of the Universal Service Program for Schools and Libraries, commonly known as E-rate. By April 1999, the Library had received a total of $8,438.93 from the FCC. ACTION: Recommended City Council approve the transfer $8,438.93 in the E-rate revenue account 100-0000-264950-0000-12011 to the Building Repair Account 100- 7028-424101 to fund the purchase and installation of the outside entrance sign at the E1 Modena Branch Library. FISCAL IMPACT: After the fund transfer is executed, there will be sufficient funds to purchase and install the entrance sign at the EI Modena Branch Library. 100-7028- 424101 (Building Repairs): $9,300. PAGE 6 CITY COUNCIL MINUTES June 8,1999 3. CONSENT CALENDAR (Continued) RESOLUTIONS 3.14 RESOLUTION NO. 9121 (S4000.S.7) A Resolution of the City Council of the City of Orange consenting to the designation of certain portions of city street as a City of Villa Park Highway for the purpose of constructing improvements. Location: Cannon Street from 780' south of Taft Avenue to 1,750' north of Taft Avenue to Loma Street. ACTION: Approved. 3.15 RESOLUTION NO. 9122 (L1200.0 ASD-82-l) A Resolution of the City Council of the City of Orange initiating proceedings and ordering the preparation of a Certified Engineer's Report for certain Assessment District Proceedings (82-1). ACTION: Approved. 3.16 RESOLUTION NO. 9123 (L1200.0 ASD-82-l) A Resolution of the City Council of the City of Orange giving preliminary approval to the Certified Engineer's Report for Landscape Maintenance Assessment District 82-1 (Shadow Ridge) and declaring its intention to provide for an annual levy and collection of assessments in that special maintenance district and setting a time and place for Public Hearing to receive evidence on the foregoing matters. ACTION: Approved. 3.17 RESOLUTION NO. 9124 (L1200.0 ASD-86-2) A Resolution of the City Council of the City of Orange initiating proceedings and ordering the preparation of a Certified Engineer's Report for certain Assessment District Proceedings (86-2). ACTION: Approved. PAGE 7 CITY COUNCIL MINUTES June 8, 1999 3. CONSENT CALENDAR (Continued) 3.18 RESOLUTION NO. 9125 (L1200.0 ASD-86-2) A Resolution of the City Council of the City of Orange giving preliminary approval to the Certified Engineer's Report for Landscape Maintenance Assessment District 86-2 (Santiago Hills) and declaring its intention to provide for an annual levy and collection of assessments in that special maintenance district and setting a time and place for Public Hearing to receive evidence on the foregoing matters. ACTION: Approved. 3.19 RESOLUTION NO. 9126 (L1200.0 ASD-94-l) A Resolution of the City Council of the City of Orange initiating proceedings and ordering the preparation of a Certified Engineer's Report for certain Assessment District Proceedings (94-1). ACTION: Approved. 3.20 RESOLUTION NO. 9127 (L1200.0 ASD-94-l) A Resolution of the City Council of the City of Orange giving preliminary approval to the Certified Engineer's Report for Landscape Maintenance Assessment District 94-1 (Sycamore Crossing) and declaring its intention to provide for an annual levy and collection of assessments in that special maintenance district and setting a time and place for Public Hearing to receive evidence on the foregoing matters. ACTION: Approved. 3.21 RESOLUTION NO. 9128 (C2500.M) A Resolution of the City Council of the City of Orange expressing appreciation to Philip R. Pierce of the Public Works Department and commending him for more than twenty- eight years of loyal and dedicated service. ACTION: Approved. 3.22 RESOLUTION NO. 9130 (C2500.M) A Resolution of the City Council of the City of Orange expressing appreciation to Frank F. Harlan II of the Public Works Department and commending him for over nineteen years of loyal and dedicated service. ACTION: Approved. PAGE 6 CITY COUNCIL MINUTES June 8,1999 3. CONSENT CALENDAR (Continued) 3.23 RESOLUTION NO. 9132 (A2l00.0 AGR-3229) A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement; Bid No. 989-20; SP-3263; Roy Allan Slurry Seal Inc.; City Facility Parking Maintenance Slurry Seal Various Parking Areas (1998- 99). ACTION: Approved. UNCOLLECTIBLE ACCOUNTS 3.24 A request to approve the write-off of uncollectible receivables. (C2500.J.l) FISCAL IMPACT: None. Revenue estimates take into account projections for uncollectible receivable when the annual budget is prepared. Mayor pro tem Spurgeon questioned the $2,259.00 write-off for Mr. Perez Rojas who took out a fire hydrant with his vehicle. Wouldn't he be easier to track with a license plate number? Does this amount include the water that was lost? On the water bill write- offs, isn't the Straight Shooter on Enterprise Street still in business? The Finance Director responded that $329.00 of the bill was to reimburse the City for the cost of water lost. Mr. Rojas was unlicensed; had no insurance; and the collection agency was unable to contact him either by mail or phone. The prior owner of Straight Shooter has left town. Evans Gunsmith now owns the business and cannot be held responsible for the prior owner's water bill. An outside contract agency performs collection services for the City. It was noted that only 2/l0th's of 1 % are uncollectible, which is phenomenal for the amount of revenue collected in the various accounts. ACTION: Authorized the cessation offormal collection efforts and approve the write-off of accounts receivable as follows: Utility Bills $31,796.41 General Receivables $ 7,464.29 MOTION SECOND AYES -Murphy - Alvarez - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Item Nos. 3.4 and 3.10 were removed and heard separately. Councilman Slater abstained on Item No. 3.12. The remainder of the Consent Calendar was approved as recommended. END OF CONSENT CALENDAR PAGE 9 CITY COUNCIL MINUTES June 8,1999 4. REPORTS FROM MAYOR COONTZ Tape 820 NON-AGENDA ITEM Mayor Coontz commented on the Master Plan of Parks and the need for active sports parks. Will the Master Plan of Parks also include improvements to existing parks to accommodate more sports activities, as well as trying to attain more fields? The Director of Community and Library Services responded the Master Plan of Parks will review the current parks and the possibility of future acquisition. The City Manager clarified from Mayor Coontz that the desire is for the Master Plan of Parks to include existing parks for change of use. 5. REPORTS FROM COUNCILMEMBERS Tape 930 NON-AGENDA ITEM Councilman Alvarez asked the City Manager if the County of Orange has communicated to him what their intentions are at this time for Theo Lacy jail? The City Manager responded that newspaper articles indicate there has been an influx of cash to the County allowing them to move ahead with their plans for the expansion of Theo Lacy jail. The City has an MOD and a Court Settlement Agreement with Theo Lacy on the number of prisoners and particular classifications. Council will be advised if anything is arises that goes beyond the scope of what has already been agreed upon between the County and the City. Further, an inquiry will be made to the County CEO's office and/or to Sheriff Corona to find out if there is anything else the City needs to be concerned about. Carole Walters, (address on file), commented Sheriff Corona is looking into enlarging the jail site iI} Orange. Mayor Coontz responded that Council has given their word to stand by the 15 years of discussions and lawsuits to get the City where it is today. Some money could be available from the bankruptcy and be used to enlarge Theo Lacy only as it has been approved. The City of Orange does not expect anyone to attempt to enlarge the facility anymore than it is already designated to be enlarged. The City Manager added the County can nearly double the number of occupants at the facility now, without any further discussion on agreements from the City of Orange, and it is fully anticipated they will do that. The County has only been held up by the lack of funding. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None PAGE 10 CITY COUNCIL MINUTES June 8,1999 7. ADMINISTRATIVE REPORTS Tape 1033 URGENT ITEM - RATIFICATION OF DECLARATION OF EMERGENCY (VISTA ROYALE TRACT) (C2500.E.6) The City Attorney reported the Ratification of the Existence of an Emergency was inadvertently omitted from the Agenda, which needs to be done at every Council meeting according to State law. MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that the matter arose after the posting of the agenda and there is a need to take immediate action. MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to confirm that the Proclamation of a Local Emergency as issued by the City Manager pursuant to Resolution No. 9131 is continued and that the order of the evacuation is ratified and confirmed. 8. REPORTS FROM CITY MANAGER 8.1 Presentation of the Third Quarter 1998-99 Budget Report for the period July 1, 1998 through March 31, 1999. (C2500.E.4) The City Manager presented the report. MOTION - Murphy SECOND - Alvarez AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file. 9. LEGAL AFFAIRS Tape 1086 9.1 ORDINANCE NO. 14-99 (A2500.0 Sexually Oriented Business) An Ordinance of the City Council of the City of Orange amending a portion of Section 5.86.140 of the Orange Municipal Code of the City of Orange relating to Sexually Oriented/Adult Businesses. PAGE 11 CITY COUNCIL MINUTES June 8,1999 9. LEGAL AFFAIRS (Continued) MOTION - Slater SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 14-99 be read by title only and same was approved and adopted by the preceding vote. 9.2 ORDINANCE NO. 15-99 (A2500.0 Fire Uniform Code) An Ordinance of the City Council of the City of Orange amending Title 15 of the Orange Municipal Code to adopt the 1998 California Fire Code and other amendments. MOTION - Mayor Coontz SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 15-99 be read by title only and same was set for second reading by the preceding vote. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 5:12 p.m. to a Closed Session for the following purposes: a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation. Vista Royale HOA v. City of Orange, et al.; Orange County Superior Case No. 78 02 84 b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiator: Personnel Director Steven Pham; Employee Organizations: Professional, Technical & Clerical c. Public Employee appointment pursuant to Government Code Section 54957. Title: Police Chief d. Conference with real property negotiator regarding the sale of real property pursuant to Government Code Section 54956.8: Property: 15+ acre vacant parcel generally located southwest of the intersection of Prospect Street and Walnut Avenue Negotiating Parties: City of Orange and Beazer Homes Holdings Corp. PAGE 12 CITY COUNCIL MINUTES June 8, 1999 11. RECESS TO CLOSED SESSION (Continued) Under Negotiation: Price and terms of payment. 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. PUBLIC COMMENTS Barbara DeNiro, (address on file), commented on the Master Plan of Parks, expressing the need to consider quality of life and traffic impacts when the parks are in an existing neighborhood. Mayor Coontz indicated these issues will be addressed. Ms. DeNiro asked if it is correct that what was agreed for in the Settlement Agreement with Theo Lacy is what is being proposed for the jail expansion, and nothing additional? Council concurred. Further, she referred to Item No. 3.24 on the agenda, indicating there is no mention of Fire Department uncollectible receivables, which is done by a different outside accounting firm. The City Manager responded the collection rate for the Fire Department is approximately 85%, which is exceptionally high. Ms. DeNiro provided the City Clerk with written concerns relative to Code Enforcement issues. Carole Walters, (address on file), commented the light rail will not help with pollution in the City. The Theo Lacy jail expansion will impact the neighborhood. Concern was expressed for children's safety, and she has heard nothing about today being Swimming Pool Safety Day. Mayor Coontz indicated the City Manager can provide Ms. Walters with the requirements in the agreement regarding visitation, transport of prisoners, etc. for the Theo Lacy jail, noting the issue needs to be revisited some time in the near future. 13. PUBLIC HEARINGS 13.1 WEED ABATEMENT HEARING - SPRING (C2500.H.2) Time set for a public hearing for the purpose of considering and hearing objections to the proposed removal of weeds which constitute a public nuisance. Resolution No. 9119 adopted by the City Council of the City of Orange on May 25, 1999 declares weeds a public nuisance and initiates abatement proceedings. The properties which constitute a public nuisance and must be abated by the removal of weeds are as revised: 2905 E. Walnut (vacant lot across) SW corner of Hewes and Pearl Along horse trail adjacent to Lazy Creek Homes West of Vickie Ln. & So. Of Muir Dr. (vacant lot) 715 Mallard (vacant lot behind) 6226, 6228, 6230 & 6232 E. Wimbleton Ct. (vacant lots) Assessors Parcel No. 093-031-02 Assessors Parcel No. 093-114-31 Assessors Parcel No. 379-361-09 Assessors Parcel No. 379-471-25 Assessors Parcel No. 383-071-05 Assessors Parcel No. 393-421-14 - 17 PAGE 13 CITY COUNCIL MINUTES June 8,1999 13. PUBLIC HEARINGS (Continued) MAYOR COONTZ OPENED THE PUBLIC HEARING. Laura Thomas, 7211 Clydesdale, Orange Park Acres, Past President of the Orange Park Acres Association, asked for clarification relative to the weeds located along the horse trail adjacent to Lazy Creek Homes. Cathy Dixon, Fire Safety Specialist, responded the subject lot is the horse trail that runs along the homes off of Creekview and along the creek. Action Property Management is in charge of the abatement for the property. There has been no response to the notification letters sent. According to their records, Action Property Management was hired by the Orange Park Acres Association. Ms. Thomas suggested if weeds have gone unattended for a period of time, the Association would be happy to address the issue so that it does not get out of hand. MAYOR COONTZ CLOSED THE PUBLIC HEARING. Councilman Slater indicated he was approached by a fellow realtor whose property was listed on the first list. The weeds have since been removed and the property is no longer on the revised list. In response to Ms. DeNiro's earlier inquiry about City property weed abatement, the Fire Safety Specialist indicated City property is handled twice a year. The approximate 40 City owned lots in the program were cleaned in April, 1999 and will be cleaned again in early August, 1999. MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to declare the subject properties a nuisance and approved abatement by a private contractor. 13.2 ADOPTION OF UNIFORM CODES (A2500.0 Uniform Building Code) Time set for a public hearing for the purpose of considering adoption of the following: . 1997 Uniform Building Code . 1997 Uniform Housing Code . 1997 Uniform Mechanical Code . 1997 Uniform Plumbing Code . 1997 Uniform Code for the Abatement of Dangerous Buildings . 1996 National Electrical Code . 1997 Uniform Swimming Pool Code PAGE 14 CITY COUNCIL MINUTES June 8,1999 13. PUBLIC HEARINGS (Continued) Mayor Coontz commented with the adoption of the new Uniform Codes, there is no longer the need for permits for like-kind replacements, i.e. refrigerators, garbage disposals, dishwasher, etc. Councilman Slater (as a follow-up to Ms. Walter's comment earlier), asked if the Swimming Pool Code is strengthened from what was originally adopted? The Building Official explained Council is being asked to adopt what the State has mandated. The only change in the Code is that instead of a four foot high fence, the City requires a five foot high fence. MAYOR COONTZ OPENED THE PUBLIC HEARING. Carole Walters, (address on file), asked if all swimming pools must have fences? Do the gates to the swimming pools have to be locked? Concern was expressed for children's safety. In response to public concerns, the Building Official explained that approximately three years ago, State legislation mandated that all new pool construction have barrier fencing. Prior to that it was not a State requirement. Codes are not retroactive. The City is only allowed under State law to modify the Code when there is a climate or topographic error that needs to be addressed. The City has no jurisdiction over homeowner's insurance requirements. Mayor Coontz noted the emphasis which is now being given to pool safety education and instruction. MAYOR COONTZ CLOSED THE PUBLIC HEARING. ORDINANCE NO. 13-99 An Ordinance of the City Council of the City of Orange amending Title 15 of the Orange Municipal Code to adopt the 1997 Uniform Building Code, 1997 Uniform Housing Code, 1997 Uniform Mechanical Code, 1997 Uniform Plumbing Code, 1997 Uniform Code for the Abatement of Dangerous Buildings, 1996 National Electrical Code, 1997 Uniform Swimming Pool Code and other amendments and deletions. MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 13-99 be read by title only and same was approved and adopted by the preceding vote. 14. PLANNING AND ENVIRONMENT - None PAGE 15 CITY COUNCIL MINUTES 15. ADJOURNMENT MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez June 8,1999 The City Council adjourned at 7:25 p.m. to an Adjourned Joint Meeting, June 16, 1999 at 9:00 a.m. with the Serrano Water District for a tour of Barham Ranch and Irvine Lake. Council will meet at the Serrano Water District Office located 18021 E. Lincoln, Villa Park. ~d~~A~ CASSANDRA J. HCART, CMC CITY CLERK 1/ v (Z JOANNE COONTZ MAYOR PAGE 16