01-12-1999 Council Minutes
APPROVED BY THE CITY COUNCIL ON JANUARY 26, 1999
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING January 12, 1999
The City Council of the City of Orange, California convened on January 12, 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 Jim Masteller, Orange Covenant Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Coontz
1.3 ROLL CALL
PRESENT - Spurgeon, Murphy, Mayor Coontz, Slater, Alvarez
ABSENT - None
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ PROCLAMATIONS
Don Arrington, Longhouse Chief of the Orange YMCA Indian Guides, officially
challenged the Mayor, Police Chief and Fire Chief to participate in their Annual Indian
500 car race at the Mall of Orange on Saturday, February 13, 1999.
Mayor Coontz made the following announcements:
. The State of the City program, sponsored by the Chamber of Commerce, will be held
on Thursday, January 28, 1999 at the Doubletree Hotel. Information can be obtained
by contacting the Chamber of Commerce at 538-3581.
. Approximately 25,000 people attended the New Years at the Block event which was a
great success.
. Hilton, Farnkopf, and Hobson, consultants for the City, will be conducting a
community workshop in the Council Chambers on Thursday, January 21, 1999 at
7:00 p.m. to receive input from the public regarding the type and quality of'trash
services needs for City of Orange residents.
The Fire Chief reported on the Fire Department's response to a residential structure fire at
595 N. Hart Street which occurred at 6:52 a.m. on Friday, July 8, 1999 claiming the lives
of a young mother and her two small children. Mayor Coontz indicated donations can be
made to the Silvers/Jugan Family Memorial, 1233 N. Tustin Avenue, #147, Orange, CA
92867. Councilman Alvarez noted the funeral at Fairhaven Memorial Park is tentatively
scheduled for I :00 p.m. on Thursday, January 14, 1999.
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CITY COUNCIL MINUTES
January 12, 1999
2.
PUBLIC COMMENTS
Tape 444
Carole Walters, (address on file), indicated she is collecting donations for the family of
those that perished in the fire and spoke regarding the love and support being shown to
the family by the neighbors.
Gary Mead, 182 S. Orange, representing the Chamber of Commerce, indicated he will
postpone his comments regarding activities of the Tourism Board to a later date in respect
for the tragedy that happened in the community. Mayor Coontz suggested Mr. Mead
contact the City Clerk to agendize the report.
Gary Meserve, (address withheld), reported a new business is going in at the residential
area of the 100 block of S. Cambridge and feels that preferential treatment and biased
things are going on, referring to a City letter postmarked December 25, 1998. Mr.
Meserve requested an interpretation of the grandfather clause; proof of parking
agreements with the buildings north and northwest of the site; a rewriting of the
application for this business on S. Cambridge including the details and specifics of the
nature of the business activities; and an investigation to see if preferential treatment is
involved.
Mara Brandman, 7319 Equitation Way, spoke regarding the tragedy resulting from the
residential fire and commended the Police and Fire Departments for their services.
3.
CONSENT CALENDAR
Tape 700
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of January 12, 1999 at Orange Civic Center, Taft
Branch Library at 740 E. Taft Avenue, 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 December 3, 10, 17 and
23,1998.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting of November 24, 1998,
(continued from December 8, 1998 meeting); Adjourned Regular Meeting of
December 2, 1998; Regular Meetings of December 8, 1998 and December 22, 1998;
and Special Meeting of January 5, 1999.
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CITY COUNCIL MINUTES
January 12, 1999
3. CONSENT CALENDAR (Continued)
NOTE: Mayor pro tem Spurgeon abstained on the December 8, 1998 minutes, Item Nos.
7-11, as he was absent during that portion of the meeting.
ACTION:
Approved, with the abstention as noted.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 Utility Agreement No. 12-UT-540 with the State (Caltrans) for reimbursement for
water line relocation and improvements in conjunction with the Caltrans La Veta
Avenue overpass widening, Bid No. 989-18, W-589. (A2100.0 AGR-3190)
SUMMARY: This utility agreement covers costs associated with the relocation and
construction of the 27" water transmission main in the west abutment of La Veta Avenue
at the 55 freeway that needs to be relocated to facilitate the State's proposed
freeway/overpass improvements.
ACTION: Approved the utility agreement with the State for costs associated with the
relocation and construction of water facilities affected by the proposed SR-55, Segment
"B" freeway widening and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMP ACT: This agreement provides full compensation from the State, minus
depreciation/salvage costs, for the relocation and construction of the subject water line,
and City administration and construction inspection costs. The estimated cost for work is
projected to be $246,000.00.
3.6 Renewal of Operating Agreement with Bank of America for the Home Improvement
Interest Subsidy Program. (A2100.0 AGR-2327.B)
SUMMARY: The City's Home Improvement Program assists low income Orange
residents with rehabilitation of their homes. Bank of America loans qualifying
homeowners funds to make needed repairs and the City subsidizes the interest rate
through a buydown from the current market rate to six percent (6%). The Operating
Agreement will extend term of agreement through January 2001.
ACTION: Approved the two-year Operating Agreement with Bank of America for the
continuation of the Interest Subsidy Loan Program, and authorized the Mayor and City
Clerk to execute on behalf of the City.
FISCAL IMP ACT: Sufficient funds are available in Account No. 315-9654-464203-
0000.
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January 12, 1999
3. CONSENT CALENDAR (Continued)
APPROPRIATIONS
3.7 Transfer funds donated by Target Stores to upgrade Police Department interview
rooms. (C2500.K)
SUMMARY: The Police Department interview rooms suffer from antiquated audio and
video recording equipment that has limited the use of suspect confession in criminal
prosecutions. Target Stores have graciously provided grant funds to upgrade the Police
Department's interview rooms with state of the art equipment.
ACTION: Approved appropriation of $1,000 to Account No. 100-4031-481200
(General Fund-Police Detectives-Building Improvements) to enable the Police
Department to upgrade the Police Department interview rooms.
FISCAL IMPACT: None.
3.8 Transfer $20,000 from Unappropriated Reserves to fund the evaluation of the need
for existing school crossing guards at various locations. (S4000.S.3.5)
SUMMARY: The City provides school crossing guards at various locations throughout
the City. Several of these locations may have student crossings below the number
requiring crossing guard protection. Staff proposes to collect current traffic data for
comparison purposes with school crossing protection guidelines. This study will provide
a basis for evaluating the need for crossing guards at locations that do not meet the
minimum criteria. The current school crossing guard budget is approximately $300,000
per year and growing as new requests for crossing guards are approved.
ACTION: Approved an appropriation of $20,000 for traffic data collection to evaluate
the need for the existing school crossing guards at various locations, from General Fund
Unappropriated Reserves into the Public Works Other Professional Services Account No.
100-5031-426700.
FISCAL IMPACT: The estimated $20,000 cost for this contract if appropriated from
General Fund Unappropriated Reserves into the Public Works Other Professional
Services Account No. 100-5031-426700 would reduce the General Fund balance by a like
amount.
BIDS
3.9 Contract Change Order No.1 and Final Contract Change Order for Bid No. 978-38,
Project No. SP-3218, Critical Intersection Improvements at Main Street and La
Veta Avenue. (A2100.0 AGR-3029)
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CITY COUNCIL MINUTES
January 12, 1999
3. CONSENT CALENDAR (Continued)
SUMMARY: This Final Contract Change Order authorizes payment for the increase in
the quantities of various bid items beyond the original estimate of work. The total
contract cost is $460,050.60.
ACTION: Approved Final Contract Change Order in the amount of$10,056.85 to Sequel
Contractors, Inc. for the additional quantities at contract unit prices.
FISCAL IMPACT: Funds are budgeted in the following account: 286-5031-483300-
3227 $10,056.85 (TSIA Fund).
3.10 Bid No. 989-12, Award of contract to A & B Electric for electrical equipment for
Well 25 and Reservoir 9A Pump Station. (A2100.0 AGR-3189)
SUMMARY: This contract provides for the purchase and installation of the electrical
equipment for two new pumping facilities, Well 25 and the Reservoir 9A Pump Station.
ACTION: 1) Authorized appropriation of $68,000 from Fund 601 (Unappropriated
Reserves) to Account No. 601-8011-484101-8117 (Well 25) and $104,000 to Account
No. 601-8011-484102-8208 (Reservoir 9A Pump Station); and 2) accept Bid No. 989-12
in the amount of $149,000 from A & B Electric and authorized Mayor and City Clerk to
execute the contract on behalf of the City.
FISCAL IMP ACT: With additional authorization, funds are budgeted in the following
accounts:
601-8011-484101-8117
601-8011-484102-8208
$91,600.00
$57,600.00
(Well No. 25)
(Reservoir No. 9A Pump Station)
3.11 Bid No. 989-18, W-589, Water Line Relocation and Improvements in Conjunction
with Caltrans La Veta Avenue Overpass Widening. (A2100.0 AGR-3188)
SUMMARY: A 27" water transmission main in the west abutment of La Veta Ave. and
55 FWY needs to be relocated to facilitate the State's proposed improvements.
ACTION: 1) Granted relief of bid to Steve Casada Construction Co. in accordance with
their request pursuant to Section 5103, Public Contract Code; 2) awarded a contract in
the amount of $172,384.97 to Paulus Engineering Inc., 2871 E. Coronado St., Anaheim,
the second low bidder; and authorized the Mayor and City Clerk to execute the contract
on behalf of the City.
FISCAL IMP ACT: Costs for relocating the pipeline are the State's liability, minus
depreciation/salvage costs. State utility agreement 12-UT -540 provides full
compensation for relocation and construction of the water line, City administration and
construction inspection costs.
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January 12, 1999
3. CONSENT CALENDAR (Continued)
CLAIMS (C3200)
3.12 Claims for Damages from:
a. Anthony Sosnowski
b. Nancy Caltagirone
c. Tustin Meadows Nursery
d. Carol Lang
e. Fermina Vasquez
f. Loretta Roah
g. Rachel Clark
h. Scott Trevor
i. Karen Hager
ACTION: Denied claims for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.13 Amendment No. 1 to the Contract AGR-0332.C for traffic signal maintenance
between the City of Orange and Peek Traffic/Signal Maintenance, Inc. (SMI).
(A2100.0 AGR-0332.C.l)
SUMMARY: Peek/SMI was awarded a contract, on a competitive basis, for traffic signal
maintenance services for the City in January, 1998. The contract allows for annual
renewals for up to four (4) years based on mutual agreement.
ACTION: Approved Amendment No. 1 to Contract AGR-0332.C for traffic signal
maintenance between the City of Orange and Peek Traffic/Signal Maintenance, Inc.
(SMI); and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds in the amount of $75,750.11 for this contract are available
utilizing Gas Tax Exchange Funds in the Contractual Services Acct. No. 273-5032-
427100.
3.14 Change Order No.1 for Main Library Renovation Project. (A2100.0 AGR-3057)
SUMMARY: Change Order No.1 is to Hollister Construction Company in the amount
of $60,800 for construction modifications and improvements as part of the Main Library
Renovation.
ACTION: 1) Approved Change Order No. 1 to Hollister Construction Company in the
amount of $60,800 for construction modifications and improvements; and 2) approved a
transfer in the amount of $46,143.00 from the Mechanical Replacement Account No.
725-7028-481200-1604 to the Main Library Renovation Account No. 725-7028-481105-
9900.
FISCAL IMP ACT: After the fund transfer is executed, there will be appropriate funds to
pay for the change order in the following accounts:
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CITY COUNCIL MINUTES
January 12, 1999
3. CONSENT CALENDAR (Continued)
500-7028-481105-9900 - (Main Library Renovation)
725-7028-481105-9900 - (Main Library Renovation)
$14,567
$46,143
(REMOVED AND HEARD SEPARATELY)
3.15 Change Order No.1 for McPherson Athletic Facility. (A2100.0 AGR-3044)
SUMMARY: Change Order No. I to Valley Crest in the amount of $272,436.89 for the
construction modifications and improvements at the McPherson Athletic Facility.
Discussion: Carole Walters, (address on file), expressed concern with the notification
process and how the project appeared to be rushed. Why wasn't an Environmental
Impact Report (EIR) done before the project began? What fund does the money come out
of?
The City Manager responded meetings were held with the community. The playing
fields were in desperate need of being rehabilitated. When it was found there were more
issues to deal with, communication with the public was pulled back; and a Mitigated
Negative Declaration was prepared for the project.
The Director of Community/Library Services explained the communication and
notification process with the community. An EIR was not needed for this project. A
change order is an addition of money and not a change to the project.
Councilman Alvarez commented he and the City Attorney met in December with the
McPherson group and discussed some of their concerns. Arrangements were made for
the City's lighting consultant and the group's consultant to meet and try to mitigate the
lighting impact to the neighborhood before the park opens. Mayor Coontz indicated she
and Council were unaware of any problems and asked that Council be kept apprised of
any other issues and/or problems that arise.
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, spoke in support of the
project, noting part of the money came from the City's share of the Strawberry Field
monies which could only be spent on recreational items.
FISCAL IMP ACT: After the appropriation transfer, sufficient funds will be budgeted in
the following account: 510-7021-485100-0143 (Park, Acquisition & Development -
Ballfield Relocation) $280,000 Total: $280,000.
MOTION
SECOND
AYES
- Slater
- Spurgeon
- Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
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CITY COUNCIL MINUTES
January 12, 1999
3. CONSENT CALENDAR (Continued)
Moved to: 1) Approve Change Order No. I to Valley Crest in the amount of $272,436.89
for construction modifications and improvements at McPherson Athletic Facility; and 2)
approve a transfer in the amount of $280,000 from Park Acquisition and Development
Fund (510) unappropriated reserves to the Ballfield Relocation Account No. 510-7021-
485100-0143.
FINANCIAL REPORTS
3.16 Audited Financial Statements and Related Financial Reports for the year ended
June 30, 1998. (C2500.J.1.3)
ACTION: Received and filed.
FISCAL IMPACT: None.
3.17 Submittal of Annual Financial Reports for Development Impact Fees. (A2500.0)
(C2500J.l.0.4) (C2500J.l.0.3)
ACTION: Received and filed.
FISCAL IMPACT: None.
GRANTS
3.18 Homeowner Participation Program. (C2500.G.1.3.1)
SUMMARY: A proposal to approve a Homeowner Participation Program (HOPP) grant
for Case Number 648, a single family residence located at 2723 E. Coolidge Avenue, and
to authorize the Finance Department to prepare a warrant.
ACTION: Approved a HOPP grant in the amount of$I,125.50 for Case Number 648 and
authorized the Finance Department to prepare a warrant.
FISCAL IMPACT: Sufficient funds are available in the HOPP Fund 315. The HOPP
grant will be recorded under Account Number 315-9653-427800-1221.
RESOLUTIONS
3.19 RESOLUTION NO. 9053 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 98-12 adjusting Lot Lines of certain real property situated at 205 and 215 East
Palmyra Avenue in the City of Orange, County of Orange, State of California.
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CITY COUNCIL MINUTES
January 12, 1999
3. CONSENT CALENDAR (Continued)
Owners: Fred and Karen Gillett
ACTION: Approved.
3.20 RESOLUTION NO. 9054 (S4000.S.3.6)
A Resolution of the City Council of the City of Orange renaming Metropolitan Drive
between Lewis Street and The City Drive to Metropolitan Drive/The Block Drive.
ACTION: Approved.
3.21 RESOLUTION NO. 9055 (A2100.0 AGR-3085)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 978-53; SP-3221; All American
Asphalt; CDBG - Street Reconstruction for Various Locations.
ACTION: Approved.
3.22 RESOLUTION NO. 9056 (C2500.P)
A Resolution of the City Council of the City of Orange expressing appreciation to Joel
Wright of the Public Works Department, Water Division, and commending him for more
than thirty-six years of loyal and dedicated service.
ACTION: Approved.
3.23 RESOLUTION NO. 9057 (R3500.0)
A Resolution of the City Council of the City of Orange approving the City's continued
participation with the County of Orange in a Mortgage Credit Certificate Program;
authorizing an application by the County on behalf of the City of Orange and/or the
Orange Redevelopment Agency to the California Debt Limit Allocation Committee for
an allocation of authority to issue Mortgage Credit Certificates for calendar year 1999
and the transfer of such allocation to the County of Orange; and authorizing and directing
the Orange Redevelopment Agency to administer the City's responsibilities under the
Program.
ACTION: Approved.
3.24 RESOLUTION NO. 9059 (C2500.E.6.1)
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.
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CITY COUNCIL MINUTES
January 12, 1999
3. CONSENT CALENDAR (Continued)
ACTION: Approved.
TRAFFIC
3.25 Status report concerning traffic related issues raised in the three (3) Eastern
Transportation Corridor (ETC) community meetings. (T2200.0.2)
SUMMARY: In the 3 community meetings held prior to the opening of the ETC, several
traffic related issues were raised by concerned residents. This is a status report on the
staff follow-up of these items.
ACTION: Received and filed.
FISCAL IMPACT: None.
(REMOVED AND HEARD SEPARATELY)
3.26 Request for a school crossing guard at the intersection of Cambridge St. and
Sycamore Ave. (S4000.S.3.5)
SUMMARY: This is a request from Cambridge Elementary School for assignment of an
adult school crossing guard at the intersection of Cambridge and Sycamore to enhance
the safety of school students crossing this location.
FISCAL IMP ACT: This is an unbudgeted crossing location and requires an
appropriation of $7,625 annual salary from General Fund Unappropriated Reserves into
the Police Department's Crossing Guard Salary Account No. 100-4041-413102.
Discussion: Mara Brandman, 7319 Equitation Way, indicated her intent was to speak on
Item No. 3.8 on the agenda regarding appropriating funds for traffic data to evaluate the
need for existing school crossing guards at various locations. It was requested that
Council look at any possible cutting of funds for crossing guards.
The City Manager said a current count is needed of crossing guard locations to evaluate
which locations meet State warrants. Some locations may not meet the City's much
lower warrant threshold.
MOTION
SECOND
AYES
- Slater
- Murphy
- Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to: 1) Approve the request for the placement of a school crossing guard at the
intersection of Cambridge St. and Sycamore Ave, and 2) approve an appropriation of
$7,625 annual salary from the General Fund Unappropriated Reserves into the Police
Department's Crossing Guard Salary Account No. 100-4041-413102.
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CITY COUNCIL MINUTES
January 12, 1999
3. CONSENT CALENDAR (Continued)
MOTION
SECOND
AYES
- Murphy
- Alvarez
- Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Item Nos. 3.15 and 3.26 were removed and heard separately. Mayor pro tem Spurgeon
abstained on Item No. 3.3, December 8, 1998 Minutes, Item Nos. 7-11. The remainder of
the Consent Calendar was approved as presented.
END OF CONSENT CALENDAR
********
4.
REPORTS FROM MAYOR COONTZ
Tape 1240
4.1 Confirmation of City Council and Regional Committee appointments (terms to
expire 11/2000).
Mayor Coontz asked that reports be provided throughout the year to update Council on the
VarIOUS Issues.
Cities-Schools Coordinating Committee
Mayor Coontz/Councilman Murphy (Meets monthly)
County Sanitation Districts of Orange County
Councilman Murphy (Active Director)
Mayor pro tem Spurgeon - Alternate Director (Meets monthly)
Foothill/Eastern Transportation Corridor Joint Powers Authority & Sub-Committee
Mayor Coontz/Councilman Slater (Alternate) (Meets monthly)
Growth Management Area Committee
Councilman Alvarez (second member by availability)
(1 Elected officials Meeting per year)
Joint Powers Fire Training Authority
Mayor pro tem Spurgeon (Quarterly Meetings)
Orange County-City Hazardous Materials Emergency Response Authority
Councilman Slater (Quarterly Meetings)
Orange County Council of Governments (COG)
Councilman Slater (Meets monthly)
Orange County League of Cities
Mayor Coontz or available Council Member
Orange County Vector Control District
Councilman Alvarez (Meets monthly)
Orange County Water District Master Plan Advisory Council
Councilman Murphy (Meets monthly)
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CITY COUNCIL MINUTES
January 12, 1999
4. REPORTS FROM MAYOR COONTZ (Continued)
Orange Economic Development Partnership Advisory Committee
Mayor Coontz (second member fixed rotating monthly schedule)
(Meets January and July)
Orange/Santa Ana-Joint Powers Authority Transportation System Improvement Authority
Mayor CoontzJCouncilman Murphy, Alternate, (1-2 Meetings per year)
Santa Ana River Flood Protection Agency
Mayor pro tem Spurgeon (Meetings are fourth Thursday odd-numbered months)
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to confirm the Regional Committee and City Council appointments.
4.2 Report on the District Attorney's Trash Investigation.
Mayor Coontz reported that on December 17, 1998, the District Attorney announced the outcome
of their 18-month-Iong trash fraud investigation involving the City of Orange. This is the City
Council's first regular Council meeting after the announcement.
The City Attorney reported the District Attorney made an announcement after the month-long
investigation into possible thefts of public and private funds involving the City's trash
companies, Orange Disposal Services (ODS) and Orange Resource Recovery Systems (ORRS).
The District Attorney's investigation uncovered an approximate 12-year run of thefts from 1984
to 1996, allegedly perpetrated by Jeff Hambarian, a former officer of both companies.
Approximately $4.2 million in theft has been identified to date. Jeff Hambarian has been
arrested and remains in jail with bail set at $2.5 million. The District Attorney has seized
approximately $1.1 million in cash and has obtained a court order preventing the sale of personal
property belonging to Jeff Hambarian including his home, some cars, and jewelry. The
companies have placed another $1 million in an escrow account to be used to payoff fraud
related losses.
The criminal trial is likely several months away. The District Attorney's investigation is
continuing as it attempts to identify additional missing funds and locate about $4 million of Jeff
Hambarian's assets which are believed to be missing. Two City police officer's and a forensic
consultant hired by the City continue to work with the District Attorney's office on a nearly full
time basis. While not ruling out the possibility of other criminal indictments, the District
Attorney has plainly stated that no City officials and no other members of the Hambarian family
either knew of or were involved in the thefts. The thefts occurred in a variety of ways and in
almost all the cases, both the City and the companies were victims. It is believed a substantial
portion of the thefts resulted in a loss to the City. The consequences would be higher rates than
otherwise would be justified. In some cases, the thefts were only occasioned upon the company
itself. Steps have been taken toward recouping all the theft related losses in addition to the steps
PAGE 12
CITY COUNCIL MINUTES
January 12, 1999
4. REPORTS FROM MAYOR COONTZ (Continued)
noted. The companies have reimbursed the City about $500,000 dollars and pledge to reimburse
the City for all fund related losses. City staff believes the companies intend to carry out their
pledge and have the means to do so. In addition, restitution can be imposed by the criminal
court. It appears there are sufficient assets to cover the City's losses.
To the extent needed, the City will institute whatever legal action is necessary. The City has
taken some steps in this direction to protect its rights as of now. Once the funds are recovered,
they will be returned to the City's trash customers, either as a way of subsidizing future rates or
as a rebate, or a combination of both. In the meantime, the City and the companies are engaged
in discussions and are trying to resolve the issues that remain. A resolution without having to
access the courts would be in the long term interest of all the City's trash customers. Sometimes
a long investigation is the cost for finding the truth. The City found the relevant facts and moved
forward on them.
Mayor Coontz added that the City of Orange fully cooperated with the District Attorney's office
during the investigation. The Police Department assigned three officers to assist with the
investigation: Lt. John Whiteley, Detective Steve Booze, and Detective Alex Varga. Upon his
promotion, Lieutenant Whiteley returned to the Patrol Division, while Detective Booze and
Detective Varga continued to work the case. These individuals expended literally thousands of
hours pouring over millions of documents related to the investigation. Due to the diligent and
unbiased investigation, and with the assistance and cooperation of the District Attorney's office,
the suspect was indicted and is in jail. Mayor Coontz, on behalf of the entire Council and the
citizens of the City of Orange, congratulated and thanked the officers for ajob well done.
Councilman Alvarez asked ifthere will be any civil lawsuits from the information gathered? The
City Attorney responded they are hoping to avoid any civil lawsuits
Councilman Alvarez indicated he would like to have the report generated from the District
Attorney's office placed on the City's web site. The City Manager responded this is a logistic
issue and he will look into that possibility with staff. Mayor Coontz suggested District Attorney
Capizzi's press release be made available on the site. Councilman Slater commented the press
release is much more concise, suggesting that while the City Manager explores the logistics of
placing the District Attorney's report on the site, the District Attorney's press release be put on at
this time. The City Manager concurred, indicating staff can place City press releases on the
City's web site.
Mayor pro tem Spurgeon commented since the investigation is now over, he looks forward to a
report from the Director of Public Works on the internal review of the City's own personal
oversight, indicating it is imperative that something like this never happens again.
The City Manager responded a number of issues of concern have been corrected. The Audit
Committee creates a more formal structure of review. A staff member has been assigned to
gather information on this issue. The information will be provided to David Griffith &
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CITY COUNCIL MINUTES
January 12, 1999
4. REPORTS FROM MAYOR COONTZ (Continued)
Associates (DMG) for their audit. It is anticipated that there will be a draft report from DMG in
the next month, with a final report in approximately two months.
Councilman Alvarez indicated it may be appropriate to release to the public now the Arthur
Anderson report that was done by the City. The City Attorney responded the Arthur Anderson
report is part of the criminal investigation which is ongoing and is to remain confidential to be
used only for the purposes for which it was drafted, which was to identify whether or not Arthur
Anderson believed that fraud was occurring and an investigation should get underway. The City
Manager indicated there were some issues of corporate liability that Arthur Anderson was
concerned about.
Carole Walters, (address on file), commented she respects the Hambarians for coming forward
and saying they would make sure the residents of Orange will not lose money. The residents of
Orange feel they receive good service. Ms. Walters asked why somebody from the City wasn't
looking at the books every month? The City Attorney explained the primary responsibility for
uncovering the fraud is that of the independent auditor hired by the trash companies.
Harry Astor, representing ODS and ORRS, commended members of staff that ODS/ORRS has
worked with at the City level, the professionalism shown by the Orange Police Department, and
the District Attorney's office. It has been very difficult and awkward for the innocent members
of the Hambarian family because of the shadow of doubt concerning all members of the
Hambarian family and the corporations. Since the innocent members of the Hambarian family
have been cleared, in addressing the future, it is hoped there will be a different climate.
ODS/ORRS and City staff have substantial differences of opinion on interpretation of the
contracts. ODS/ORRS has reached an agreement in principal with a perspective third party to
take over the trash contract, which will benefit the citizens of Orange and relieve the
Hambarian's of the problems in connection with reputation, etc. He urged the City to work
together with the innocent members of the Hambarian family, as they also are victims, and will
make good to the City any financial problems.
5.
REPORTS FROM COUNCILMEMBERS
Tape 2167
5.1 Councilman Alvarez - Consideration of the City Council to look at the business
license retroactive payments that are being asked of the Orange County Children's Care
Association (continued from 11/10/98).
Councilman Alvarez reported that he and the City Attorney met with the group on December 9,
1998. There are issues that still need to be looked at.
PAGE 14
CITY COUNCIL MINUTES
January 12, 1999
5. REPORTS FROM COUNCILMEMBERS (Continued)
MOTION - Alvarez
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to continue to January 26, 1999.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 2190
6.1 Accept resignation from Robert P. Reilly from the Design Review Board, and
instruct the City Clerk to begin Maddy Act requirements. (ORI800.0.8.1)
Mayor Coontz noted that Mr. Reilly has moved out of the City of Orange.
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve.
6.2 Recommend to disband the Community Involvement and Outreach Program 1-5
Freeway North Ad Hoc Committee - Mayor Coontz and Mayor pro tem Spurgeon.
(ORI800.1.4)
MOTION - Mayor Coontz
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve.
7. ADMINISTRATIVE REPORTS
7.1 Treasurer's Report for the period ending November 30, 1998. (C2500.F)
The Finance Director presented the report.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to receive and file.
8. REPORTS FROM CITY MANAGER - None
PAGE 15
CITY COUNCIL MINUTES
January 12, 1999
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 1-99 (A2500.0 Parking)
An Ordinance of the City Council of the City of Orange amending Chapter 10.30 of Title 10 of
the Orange Municipal Code Pertaining to Parking Requirements.
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 1-99 be read by title only and same was set for second reading by the
preceding vote.
9.2 ORDINANCE NO. 2-99 (A2500.0 Sexually Oriented Businesses)
An Ordinance of the City Council of the City of Orange amending Section 17.04.020 of the
Municipal Code of the City of Orange relating to adult enterprises.
MOTION - Slater
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 2-99 be read by title only and same was set for second reading by the
preceding vote.
9.3 ORDINANCE NO. 3-99 (A2500.0 Speed Limits)
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.
MOTION - Spurgeon
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 3-99 be read by title only and same was set for second reading by the
preceding vote.
9.4 ORDINANCE NO. 5-99 (A2500.0 Orange Municipal Code)
An Ordinance of the City Council of the City of Orange adopting the newly codified Orange
Municipal Code prepared by Book Publishing Company.
MOTION - Alvarez
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
PAGE 16
CITY COUNCIL MINUTES
January 12, 1999
9. LEGAL AFFARIS (Continued)
Moved that Ordinance No. 5-99 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 5:47 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel - anticipated litigation. Significant exposure
to litigation pursuant to Government Code Section 54956.9(b) (two potential cases).
Contract with ORRS.
b. Conference with legal Counsel - existing litigation pursuant to Government Code Section
54956.9(a). The Fieldstone Company v. City of Orange. OCSC Case #780284
c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.
City's Negotiator: Personnel Director Steven Pham; Employee Organizations: Maintenance &
Operations, Orange Management Association, Orange Municipal Employees' Association and
Water Department Employees' Association.
d. Public Employee Appointment pursuant to Government Code Section 54957. Title:
Police Chief - Recruitment Status
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
Tape 2449
Gary Meserve, (address withheld), commented that preferential and biased treatment is given for
parking and for processing building permits in the City.
Richard Carlson, 160 N. Prospect #11, spoke regarding a letter sent to residents of the 100 block
of S. Cambridge dated December 23, 1998 which outlines the proposed use of the property at
135 S. Cambridge, allowing them four days to respond. Mr. Carlson indicated he will request in
writing to have an open hearing on this issue; other businesses are being run out of the California
Jewelry Supply at this S. Cambridge location; the revised document misrepresents what is
actually going on there and contradicts the notice sent to residents; and asked to see a copy of the
application for a change of non-conforming use, expressing concern that it is not a legal non-
conforming use ofthe property.
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CITY COUNCIL MINUTES
January 12, 1999
12. PUBLIC COMMENTS (Continued)
Carole Walters, (address on file), commented it is wrong to be verbally abused or attacked. She
asked Council ifthey think women should be abused by a man?
13. PUBLIC HEARINGS
13.1 APPEAL NO. 442; MINOR SITE PLAN 58-98; NEGATIVE DECLARATION
1540-97; RALPH ZEHNER (A4000.0 APP-442) Tape 2786
The public hearing to consider the appeal of the decision of the Planning Commission to deny
Minor Site Plan 58-98 and Negative Declaration 1540-97 to demolish an existing garage (located
within the Old Towne Historic District) and to allow construction of five (5) additional units
(two duplexes plus one unit above a garage structure containing seven vehicles), all located
behind an existing single family house has been continued from December 8, 1998. NOTE:
Negative Declaration 1540-97 has been prepared to evaluate the environmental impacts of the
project.
THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:
"This Minor Site Review meets all building development, guidelines and General Plan
requirements. There appears to be a demonstrated bias and discrimination against the project.
Because of a legal rezone. Even after making numerous requested changes. This review is being
held hostage because it is the 2nd project to come forward under the new zoning. The very
subjective denial was done under interpretation of vague guidelines and just plain
obstructionism, against building flexibility - with a low FAR. Plus there has been a continued
change in criteria for project approva1."
The Director of Community Development reported there have been no changes since the
Planning Commission hearing. The materials proposed have historically compatible character.
The architectural style of the building is compatible with historic structures within the
neighborhood. The existing house on the property remains as it is today. The project is required
to comply with the R-2-6 zoning; the mitigation measures of the 1993 zone change; and the Old
Towne Design Standards. The Old Towne Design Standards require the project be compatible
with the surrounding neighborhood.
The four criteria (included in the July 20, 1998 Planning Commission Staff Report) that must be
met in order for compliance are: 1) the development shall be consistent in size, scale, and
context with surrounding development; 2) the development shall retain the historic relationship
between buildings, landscape features, and open space; 3) the addition shall be designed and
constructed so as to not significantly change, obscure, damage, or destroy the character defining
features of an historic building or feature; 4) the development shall not erode or adverse the
affect in an historic resource or district. The findings listed in Planning Commission Resolution
No. 84-98 state the reasons which support the Planning Commission's decision to deny the
project.
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CITY COUNCIL MINUTES
January 12, 1999
13. PUBLIC HEARINGS (Continued)
Mayor Coontz noted that a letter was received dated January 8, 1999 from Phil Kohn, Rutan &
Tucker, attorney for the applicant. Correspondence has also been received through the Mayor's
Hotline.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Speaking for the appellant:
Phil Kohn, attorney with the law firm of Rutan & Tucker, LLP, 611 Anton Boulevard, Costa
Mesa, commented that the new construction does not overshadow the historic building, create
any visual disharmony, and that the open space requirements have been tripled, substantially
below the allowable floor area ratio (FAR). The project is in conformance with the design
standards, Mitigated Negative Declaration conditions have been satisfied, and there is no tangible
evidence that there would be any adverse affect from the project on the neighborhood.
John Waters, project architect, 2144 E. Monroe, Orange, explained the design of the project.
Ralph Zehner, 630 E. Culver, commented on the requirements made by the Fire and Police
Department during the site plan review process. The cumulative impact was addressed in the
Negative Declaration for the rezone. The sewer and utilities were declared adequate.
The following people spoke in favor:
Jack Lean, 535 E. Culver Ave.
Linda Zehner, 630 E. Culver Ave.
Darlene Beer, 642 E. Culver Ave.
T. J. Clark, 811 E. Chapman Ave.
Herb Runnells, 816 E. Culver Ave.
Donna Rowe, 122 Sumac Lane, Fountain Valley
Mike Keller, 632 E. Culver Ave.
Ken Brimlow, 652 E. Culver Ave.
Eileen Hertfelder, 720 E. Culver Ave.
Corinne Schreck, 446 N. Janles St.
Bob Colin, 3810 E. Palm Ave.
Lee Painter, 577 E. Culver Ave.
Carole Walters, address on file
Their concerns were expressed as follows:
-Lots on this block of Culver Avenue are large and need to be utilized.
-Properties are zoned R-2-6 and can handle more than two residences.
-The project is well designed, meets the criteria, and is not visible.
- The proposal is trying to keep with the historic flavor.
PAGE 19
CITY COUNCIL MINUTES
January 12, 1999
13. PUBLIC HEARINGS (Continued)
-Mr. Zehner has compromised many times and should have his legal right to build for his future.
-Minor site review has been treated as a major site plan review.
-The project conforms with the streetscape and has no negative impacts.
The following people spoke in opposition:
Deborah Rosenthal, Attorney, 6095 Town Center Dr., Suite 1410, Costa Mesa, representing
Frank and Shannon Tucker
Martha Phelan, 375 S. Pine St.
Joan Crawford, 394 S. Orange St.
Mattie Link, 801 E. Culver Ave.
Anne Siebert, 340 S. Olive St.
Tom Matuzak, 340 S. Grand St.
Fred Gillett, 205 E. Palmyra Ave.
Patty Ricci, 618 E. Culver Ave.
Robert Boice, 143 N. Pine St.
Their concerns were expressed as follows:
- Ms. Rosenthal commented the project cannot be approved under the General Plan and CEQA
for the reasons explained by the Planning Commission and in her letters written over the past
year. The project does not meet the Old Towne Design Standards. If it cannot meet the Old
Towne Design Standards in terms of bulk, mass, scale, context, and materials. It requires
preparation of an EIR before it can even be considered by the City Council. The findings make it
clear that it cannot meet the General Plan and the code requirements for approval. This is a
precedent setting project and has been followed by other applications to quadruple and quintuple
the units on Culver. The cumulative impact of the applications would be devastating tp the
street.
-R-2-6 zoning does not work in this area.
-Request council consider the present way of life, a single family residential neighborhood.
-The cumulative effect sets a dangerous precedence and deteriorates the neighborhood.
-The appellant has never changed the number of units.
-Protect historic resources.
REBUTTAL:
Phil Kohn responded the findings are not supported by any facts or evidence presented either to
the Planning Commission or the City Council. The project will not be seen from the street.
There is no evidence of any adverse impact, visual or otherwise. The concerns about precedence
are not legally pertinent or substantiated. Approval of this project does not guarantee or
represent that the same project would be approved at any other location. The project was zoned
appropriately by the Council to multi-family and will not compromise this single-family street.
PAGE 20
CITY COUNCIL MINUTES
January 12, 1999
13. PUBLIC HEARINGS (Continued)
Fifty percent of the homes in the area already have rental units. Full elevations and floor plans
have been made available to the Council. The project is not in-fill development or any
construction that would implicate streetscape perspectives ofthe project. The historic home built
in 1910 will not be touched, affected, altered or added to.
Ralph Zehner commented the intent of the design review standards is to provide flexible design
options which will encourage development compatible with the existing character of Old Towne
and discourage introduction of incompatible features. The property is zoned for duplexes. There
have been no other applications received and filed with the City. The bulk and mass issue was
taken care of in 1995 with the introduction of the Old Towne Design Guidelines which say that
the floor area ratio would determine bulk and mass.
Council discussion:
Councilman Murphy commented the unit above the garages adds dramatically to the bulk and
mass. Is there a way to remove the storage building from the plan to free up space for the unit to
be on the ground level, thereby reducing the bulk and mass? This would seem to address a major
concern of the Planning Commission that was addressed at their hearings. The Director of
Community Development responded it is difficult to analyze a project that hasn't been seen.
Mayor Coontz expressed concern that Council should not be planning the project.
Councilman Slater stated the project simply does not fit the Old Towne Design Standards. The
project is not consistent in size. The south side of Culver Avenue is a unique block that was
treated separately in 1993. Taking only this block into consideration, the development is not
consistent in size, scale and context with the surrounding development. The development does
not retain the historic relationship between buildings, landscape features, and open space. The
proposed development will erode or adversely affect a historic resource or district. He
apologized to staff for the inordinate amount of hours spent on the project; the neighbors, both
pro and con, because the City Council did not make a decision at their June 9th meeting; and to
the Zehner's for having to go through this process.
Council discussion ensued relative to the removal of the storage building from the plans,
reducing the bulk and mass, and whether this would be a significant change to the project. The
City Attorney indicated a mitigation measure adopted in 1993 specific to Culver Avenue requires
that significant changes to the project go back to the Design Review Board for review. The
Assistant City Attorney stated the mitigation measure in question indicates the Design Review
Board is required to review all building construction or modification to buildings to encourage
further development of the neighborhood that is compatible with current historical architectural
context and bulk and mass of existing buildings.
Councilman Alvarez expressed concern with the project setting a precedence and the potential
for joint development of parcels. The Assistant City Attorney responded that the applicant has
not attempted to join with an adjacent property owner to propose a joint development.
PAGE 21
CITY COUNCIL MINUTES
January 12, 1999
13. PUBLIC HEARINGS (Continued)
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
NOTE: At the request of the appellant, the City Council recessed at 9:05 p.m. and reconvened at
9:17 p.m. to allow time for the appellant to discuss the project modification with his attorney.
Phil Kohn, attorney for applicant, indicated the appellant would be willing to make modifications
to the project as was suggested by Councilman Murphy, with the caveat that Council approves
the project at this meeting.
The City Attorney stated the proposed modification to the project, based upon the mitigation
measure adopted in 1993, should go back to the Design Review Board or the City Council needs
to take action on the project as it was presented to the Planning Commission. There may be legal
risks involved if Council approves the project as modified.
Councilmembers expressed discomfort with approving the project as it was presented to the
Planning Commission, based upon their reasons for denial of the project.
MOTION - Slater
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to uphold the Planning Commission recommendations and l)find that the project is not
consistent with Old Towne Design Standards; 2) deny Mitigated Negative Declaration 1540-97;
3) make a finding that the project does not satisfy the mitigation measures contained in Mitigated
Negative Declaration 1425-93 (prepared for Zone Change 1159-93); and 4) deny Minor Site Plan
58-98 as outlined in Planning Commission Resolution No. 84-98.
13.2 APPEAL NO. 447, VARIANCE 2054-98, OUTBACK SELF STORAGE: (A4000.0
APP-447)
NOTE: Mayor Coontz announced the Mr. Jordan requested by fax this date a continuance of the
public hearing to January 26, 1999 Council meeting.
Time set for a public hearing on petition by Bruce Jordan, Jordan Architects, Inc. to appeal the
decision of the Planning Commission on August 17, 1998 to overturn the Zoning Administrator's
decision and thereby deny the installation of a wall sign which exceeds the maximum area and a
freestanding sign which exceeds the maximum height required by code. The site is located at
1944 East Taft Avenue. NOTE: This project is categorically exempt from the provisions of the
California Environmental Quality Act per State CEQA Guidelines Section 15311(a).
PAGE 22
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CITY COUNCIL MINUTES
January 12, 1999
13. PUBLIC HEARINGS (Continued)
THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:
Outback Self Storage project requires a pole sign to be visible from the freeway otherwise a
financial hardship will result. Appellant incorrectly states that this sign would create a precedent.
To deny this sign would take away a privilege granted to several other freeway oriented
businesses. The City has made the "findings" previously that the elevated freeway is a unique
circumstance and has granted variances for similarly situated properties. I respectfully request
that the City Council uphold the Zoning Administrators approval of Variance 2054-98 based on
the unique size, shape and location to the adjacent elevated 55 Freeway.
MOTION - Spurgeon
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to continue this item to January 26, 1999.
13.3 CITY OF ORANGE, SANITATION SERVICES FEES: (A2500.0 Sanitation Fees)
Tape 1117
Time set for a public hearing for the City Council to study the proposal by staff to reduce City
payments to Orange Disposal Service (ODS) and Orange Resource Recovery Systems
(ORRS)and concurrently adjust the City sanitation service rate to reflect current contract costs
for sewer cleaning and street tree maintenance. The proposed City payment reductions to ODS
and ORRS are accompanied by proposed reductions in charges to City sanitation customers.
The Director of Public Works reported under the terms of the contracts with Orange Disposal
Services and Orange Resource Recovery Systems there is a provision for an annual rate review.
The rate reviews are submitted by the companies in January for City review and ultimately
adopted by the City Council in July. The City has delayed on the review due to disputes over
interpretations of various elements of the contract. Based upon the City's interpretation of the
contract which is consistent with past practice, there is a need to reduce the trash collection and
processing rates, both payments made to companies and the rates that are charged to the various
classes of customers in the City. The City services amount needs an upward adjustment due to
increases in the contract costs for sewer and street tree maintenance, which has never been fully
covered by the amount of the City services portion of the sanitation fee. The ODS contract
terminates on December 31, 1999; the ORRS contract expires March, 2007. The consulting firm
of Hilton, Farnkopf & Hobson was retained to assist the City with the rate review study.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
PAGE 23
CITY COUNCIL MINUTES
January 12, 1999
13. PUBLIC HEARINGS (Continued)
The following people spoke:
Z. Harry Astor, representing ODS/ORRS, commented on the considerable difference of opinion
on the interpretation of the ORRS contract; the personal and financial tragedy to the innocent
members of the Hambarian family; and their desire to continue the dialogue with the City to
reach a global resolution to the problem. Mr. Astor said ODS/ORRS is prepared to continue
discussions on an expedited basis to resolve the problems. The other choice which he indicated
ODS/ORRS does not wish to exercise is to utilize whatever legal means they think are
appropriate to enforce what they think are their rights under a contract that has eight years to go.
Sam Hambarian has indicated if the rates go into effect the corporation will lose money and it
will jeopardize the Wells Fargo loan.
In response to Council questions, the Director of Public Works indicated that due to differences
in interpretation of the contracts, the last rate adjustment was done on July 22, 1997, which
should have been done prior to that and effective July, 1996. The proposed rate adjustment
should have been effective in July, 1998. It is estimated that the revenue to the City for trash
collection is approximately $140,000 through June 30, 1999. The total reduction would be
approximately $420,000 - $500,000 from the period February 25, 1999 through June 30, 1999.
The City Attorney commented the City interprets the contract the same as it did when the system
operated under the contract for the first three years of operation. The contract interpretations
were forwarded to the City by ORRS' s auditor on behalf of the Board of Directors, and the City
accepted. In June, 1997, ORRS interpreted the contract differently. These are the major reasons
for the differences. Contract issues have been discussed for 1 ~ years. Even with the possibility
of a negotiated resolution pending, as every month goes by, revenue continues to flow to the
companies. The rates have been set to be effective February 25, 1999, in part to give the parties
an opportunity to come to a resolution, and to make it consistent with the rate change on the City
sanitation fee, which will make it easier for the billing department.
Mayor Coontz commented that Mr. Astor's request for a global solution sounds very positive.
However, he has indicated that if Council approves the recommended proposals, ODS/ORRS
will go to court. Mr. Astor explained it is not their intention nor are they threatening in any way
to litigate. If there is going to be a rate adjustment which is going to take into consideration all
of the differences discussed with staff, he would like that to be done as a result of a global
settlement rather than an interim rate adjustment. The rate adjustment suggested may not be
based upon a correct interpretation of the contract.
Carole Walters, (address on file), expressed concern with the recycling bin charge; what is right
for the residents of Orange; and City officials watching the books in the future and money not
being lost again.
PAGE 24
CITY COUNCIL MINUTES
January 12, 1999
13. PUBLIC HEARINGS (Continued)
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
RESOLUTION NO. 9043
A Resolution of the City Council of the City of Orange revising charges for trash collection and
disposal services.
MOTION - Murphy
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
That Resolution No. 9045 as introduced be adopted and same was passed and adopted by the
preceding vote.
MOTION - Murphy
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve monthly payment rates of $3.22 per water meter and $25.30 per ton for
Orange Disposal Systems and Orange Resource Recovery Systems, respectively for the period of
February 25, 1999 through December 31, 1999.
ORDINANCE NO. 4-99
An Ordinance of the City Council of the City of Orange revising fees for City Sanitation
Services and amending Chapter 13.60 of the Orange Municipal Code.
MOTION - Murphy
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 4-99 be read by title only and same was set for second reading for the
preceding vote.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to direct the City Manager to deny the requests of Orange Disposal Services and Orange
Resource Recovery Systems for any contract extensions.
PAGE 25
CITY COUNCIL MINUTES
January 12, 1999
14. PLANNING AND ENVIRONMENT - None
RECESS - The City Council recessed at 10:40 p.m. to a Closed Session to continue with Items a
andb.
15. ADJOURNMENT
MOTION - Spurgeon
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
The City Council reconvened from Closed Session and adjourned at midnight in memory of the
Silvers/Jugan Family.
. CATHCART, CMC
ERK
/f /;~.
Cj. {/ a/~ (. {;-htl-r"
// JOANNE COONTW
I i
U MAYOR
PAGE 26