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01-13-1998 Council MinutesAPPROVED BY THE CITY COUNCIL ON JANUARY 27, 1998 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA January 13, 1998 The City Council of the City of Orange, California convened on January 13, 1998 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 Spurgeon 1.2 ROLL CALL PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - None 1.3 PRESENTATIONS/ ANNOUNCEMENTS Mayor Coontz reported the City's achievements for 1997 and plans for 1998 were announced at the Chamber of Commerce sponsored State of the City event held January 9, 1998.Judge Gail Andler, Orange County Superior Court, announced the recruitment of citizens for Grand Jury membership. Applications and additional information can be obtained from the City Clerk.Mayor Coontz announced the appointment of Harry Thomas, Director of Public Works as Secretary/Treasurer for the City Engineers Association of Orange County.Mayor pro tern Slater announced that he, as a citizen, would like to help lead a group of citizens who have indicated their willingness to contribute funds to replace the traditional nativity scene that had been in the Plaza, noting it had deteriorated and could not be restored.Councilmember Alvarez reported on Kids and Sports, a Conference for Coaches and Parents sponsored by St. Joseph Hospital, Children's Hospital Orange County, Orange Youth Council and the City of Orange.The City Manager presented Employee Recognition Service Awards to Joe DuPuis, Joan DuPuis, Norm Glastetter and Jere Murphy. Sandra Wayland and Jerry Madrid were unavailable to accept their awards.Resolution No. 8858 was presented to Richard "Dick" Dittberner of the Orange Fire Department commending him for more than thirty years of loyal and dedicated service.PAGE 1 rr'1 1':1J!i CITY COUNCIL MINUTES January 13, 1998 1.3 PRESENTATIONS/ ANNOUNCEMENTS (Continued) The City Manager announced Officer John Warde, who was injured in a recent shooting incident at the Caltrans facility in Orange, has returned home from the hospital. The City Manager introduced the City's new Fire Chief, Vince Bonacker. Mayor Coontz announced Home Depot selected Orange as the site of their west coast store support center. Home Depot recently donated $10,000 to the House of Hope in the City of Orange. 1.4 PROCLAMATIONS Fire Captain Tom Thies accepted a proclamation on behalf of the Orange Fire Department Paramedic Program in recognition of their 25 years of service to the citizens of Orange. Barbara DeNiro, (address on file), expressed her appreciation of the program, indicating the following questions could be answered at a later time: What portion of the calls result in transport to the hospital? How are we doing with collections? What is the ratio of paramedic to fire calls? 2. CONSENT CALENDAR 2.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of January 13, 1998 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 of the City Clerk. 2.2 Request Council confirmation of warrant registers dated December 4, 1997, December 11, 1997, December 18, 1997, December 23, 1997, and January 2, 1998. ACTION: Approved. 2.3 Request approval of City Council Minutes, Regular Meetings of December 9, 1997 and December 23,1997. ACTION: Approved. 2.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. PAGE 2 lITH CITY COUNCIL MINUTES January 13, 1998 2. CONSENT CALENDAR (Continued) BIDS 2.5 Request Council approve plans and specifications and authorize advertising for bids for Bus Stop Improvements on Canal Street at Heim Avenue (SP 3208); and approve an appropriation of 40,000. (S4000.S.3.1.4) FISCAL IMP ACT: Funds in the amount of $20,000 will be available in Account No. 550- 5032-483399-1332 (Orange County Transportation Authority-ADA Bus Stop Retrofit) and $40,000 will be appropriated from Fund 272 (Unappropriated Gas Tax- Construction) and transferred to Account No. 272-5032-483399-1332 ( Bus Stop-ADA-Gas Tax). Monies will be fully reimbursed by OCT A SB 821 funds being held for the City of Orange.ACTION: Approved.2.6 Request Council approve plans and specifications and authorize advertising for bids for street maintenance on Orangewood Avenue, from westerly City limits to Main Street and Main Street,from Maple Avenue northerly approximately 3400 linear feet to the railroad tracks. (S4000.0)FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and available in the following accounts:231,000 - 272- 5021-483300-4028 (Gas Tax 2105-0rangewood Avenue); $ 285,000 - 272-5021-483300-4027 ( Gas Tax 2l05- Main St.)ACTION: Approved.CLAIMS 2. 7 CLAIMS FOR DAMAGES FROM:a. Romaine Blake b. Jarnes Brosnahan c. Margarita Herrington d. Lupe Hurtado e. Peter Sotos ACTION: Denied claims for damages and refer to City Attorney and Adjuster. (C3200.0)CONTRACTS 2.8 Request Council appropriate funds forincreased cost and approve a Contract Change Order in the amount of$ 21,854.30 to Steve Casada Construction Company, Inc. for the increase in final as built quantities at contract unit prices and unforeseen extra work beyond the original CITY COUNCIL MINUTES January 13, 1998 2. CONSENT CALENDAR (Continued) FISCAL IMPACT: Appropriation in the amount of$21,854.30 from Drainage District Fund 530 to Account No. 530-5011-483400-1381 ( Drainage District Fund).ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.9 Request Council approve award of Bid No. 978-17 to Villa Ford and Ford of Orange for twenty-four miscellaneous vehicles in theamount of$559,343.56. ( A2100.0 AGR-2966; AGR-2967)FISCAL IMPACT: Sufficient funds are available in Account No. 720-5023-472102 ( Motor Vehicle Replacement).NOTE: Councilman Murphy abstained on this item.Discussion: Barbara DeNiro, (address on file), requested an explanation of the report. The Finance Director explained the low bid for the Ford Explorer XLT model from Ford of Orange met the needs for the department requiring the vehicle. The vehicle purchases are taxable.MOTION - Slater SECOND - Spurgeon AYES - Slater, Mayor Coontz, Spurgeon, Alvarez ABSTAIN- Murphy ACTION: Approved.2.10 Request Council award a professional services contract in an amount not to exceed $32,500 to Merit Civil Engineering for field survey, preparation of plans, specifications and cost estimates for Adams Avenue from Tustin St. to 1000 ft. east, Wayfield Street from Walnut Avenue to Palm Avenue, Mount Vernon Ave. from Wayfield St. to 150 ft. east of Park Lane, Park Lane from Mount Vernon to Sycamore Avenue, Martha Avenue from Park Lane to 300 ft. east, and Emerald Drive from Cherry Avenue to Walnut Avenue. (A2100.0 AGR-2965)FISCAL IMPACT: Funds are budgeted in the Capital Improvement Program and available in Account No. 310-6061-483300-1821 (Community Development Block Grant).ACTION: Approved contract and authorized Mayor and City Clerk to execute on behalf of the City.2.11 Request Council award a professional services contract in the amount not to exceed $50,522.21 to Kimley-Horn and Associates for street lighting designinOld CITY COUNCIL MINUTES January 13, 1998 2. CONSENT CALENDAR (Continued) FISCAL IMP ACT: The expenditure will be funded from three different projects on a proportional basis: 16,915.92 - 284-5032-483100-6461 (Series Lighting Modification-Northwest Area)28,193.20 - 310-6061-485100- 1818 (Northwest Area Lighting Modification)5,413.09 - 284-5032- 483100-6132 (Lighting Modification at Chapman/Center).ACTION: Approved contract and authorized Mayor and City Clerk to execute on behalf of the City.REMOVED AND HEARD SEP ARATEL Y)2.12 Request Council award a contract to Peek/SMI in an amount not to exceed $74,778.00 to provide signal maintenance services Citywide. (A2100.0 AGR-0332.C)FISCAL IMPACT: Sufficient funds are available in Account No. 273-5032-427100-0000 County/OCTA Gas Tax-Contractual Services). Councilman Murphy thanked Peek/SMI for performing signal maintenance services Citywide for thirty years. The providing of signal maintenance services did go out to bid in order to insure the most equitable price for the expected level of service.MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Approved contract and authorized Mayor and City Clerk to execute on behalf of the City.2.13 Request Council award a professional engineering services contract in the amount of $29,550.00 to Joseph C. Truxaw and Associates, Inc. for street improvement plans on the east side of The City Drive from Dawn Way to Chapman Avenue. (A2l00.0 AGR-2963)FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and available in the following account:535, 083.00 - 284-5011-483300-3235 (Measure M and TSIP B-West Orange).ACTION: Approved contract and authorized Mayor and City Clerk to execute on behalf ofthe City.2.14 Request Council approve Contract Change Order No.1 in the amount of$2l,540.86 to Simich Construction Company, Inc. for sewer improvements on Flower Street from Chapman Avenue to La Veta Avenue and Chapman Avenue from Main Street to Eckhoff Street. CITY COUNCIL MINUTES January 13, 1998 2. CONSENT CALENDAR (Continued) FISCAL IMP ACT: Funds are budgeted and available in the following account: 21,540.86 - 520-5011-483200-5544 ( Sewer Construction). ACTION: Approved.2.15 Request Council re-appropriate available project funds in the amount of $45,000. 00 from the traffic signal project at Taft Ave. and Glassell St. to fund a signalization project at Main St. and Katella Ave. (S4000. S.3.3)FISCAL IMPACT: Appropriate $45,000.00 from Account No. 284-5032-483100-6122 (TSIP A Traffic Signal-Taft and Glassell) to Account No. 284- 5032-483100- 6142 (TSIP B Traffic Signal Main and Katella).ACTION: Approved.FINANCIAL REPORTS 2.16 Request Council accept the Comprehensive Annual FinancialReport for the year ended June 30,1997. (C2500.J. 1. 3)FISCAL IMP ACT: None ACTION: Received and filed.RESOLUTIONS 2.17 RESOLUTION NO. 8847 A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement; Bid No. 978-03; SP 3193; R. J. Noble Company; street rehabilitation for Tustin Street from Collins Avenue to Bixby Avenue. (A2100.0 AGR-2872)ACTION: Approved.2.18 RESOLUTION NO. 8856 A Resolution of the City Council of the City of Orange approving applications to the California Integrated Waste Management Board for all available grants under the California Oil Recycling Enhancement Act and Household Hazardous Waste Collection Program for the period 1998 CITY COUNCIL MINUTES January 13, 1998 2. CONSENT CALENDAR (Continued) 2.19 RESOLUTION NO. 8859 A Resolution of the City Council of the City of Orange consenting to the designation of a certain City bridge and highway as a County bridge and highway for seismic retrofit and related improvements. (H1200.0) Location: Garden Grove Blvd. Bridge No. 55C0046 ACTION: Approved. 2.20 RESOLUTION NO. 8860 A Resolution of the City Council of the City of Orange consenting to the designation of a certain City bridge and highway as a County bridge and highway for seismic retrofit and related improvements. (H1200.0) Location: Orangewood Avenue Bridge No. 55C0050 ACTION: Approved. 2.21 RESOLUTION NO. 8861 A Resolution of the City Council of the City of Orange consenting to the designation of a certain City bridge and highway as a County bridge and highway for seismic retrofit and related improvements. (HI200.0) Location: Taft Avenue Bridge No. 55C0159 ACTION: Approved. 2.22 RESOLUTION NO. 8862 A Resolution of the City Council of the City of Orange approving and ordering territory designated as Annexation No. CA 97-02 (Mattern) annexed to the City of Orange. (A3100. 0 ANX- 97.02) ACTION: Approved.2.23 RESOLUTION NO. 8864 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.E. 6.1) ACTION: Approved. PAGE 7 CITY COUNCIL MINUTES January 13, 1998 2. CONSENT CALENDAR (Continued) 2.24 RESOLUTION NO. 8866 A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement; Bid No. 978-07; S 189; G. R. McKervey; sewer improvements for Main Street from Sycamore Avenue to Alvarez Avenue and Shaffer Street from Walnut Avenue to Oakmont Avenue. (A2100.0 AGR-2893) ACTION: Approved.2.25 RESOLUTION NO. 8867 A Resolution ofthe City Council of the City of Orange finally accepting the completion ofa certain public work and improvement; Bid No. 978-02; S 190; Simich Construction Co., Inc.;sewer improvements for Flower Street from Chapman Avenue to La Veta Avenue and Chapman Avenue from Flower Street to Eckhoff Street. ( A2100.0 AGR-2882)ACTION: Approved.REMOVED AND HEARD SEP ARATEL Y)2. 26 RESOLUTION NO. 8870 A Resolution ofthe City Council ofthe City of Orange supporting the additional $1 vehicle registration fee to fund the replacement of the County-wideCal- ID Fingerprint Identification System. (OC1300.I)Councilmembers expressed support of the need for the replacement of the system but concern with the $1 addition to the vehicle registration fee. It was noted that $455,000 would be the City's portion over a five year period. The City should look at other creative ways to come up with $91,000 a year. It was suggested looking at the City of Anaheim's system with a possible briefing from their officials or the contract company that operates their system.Mayor Coontz expressed concern with the financial goal of $ 10 million being attained prior to January 1,2003 and the need for assurance there will not be a renewal ofthe $1 fee.The City Manager reported the Resolution is to indicate to the Board of Supervisors no later than January 27, 1997 on where the City stands on this issue. The City has identified $125,000 COPS grant funding this year to fund a portion of the program. The Assistant to the City Manager explained the 5-year cap passed in legislation last year allowed the $ 1 fee to be added to vehicle registration. The $1 fee will sunset on January 1, 2003. New legislation would have to be adopted extending the fee beyond January 1, 2003. The legislation did not address the $10 million goal being reached prior to the year 2003.Carole Walters, 534 N. Shaffer, spoke in opposition to the $1 fee and supports finding another way to CITY COUNCIL MINUTES January 13, 1998 2. CONSENT CALENDAR (Continued) Barbara DeNiro, (address on file), spoke in support of the program and asked who will follow- up on the sunset provision of the legislation; and referred to the use of grant funds for other law enforcement purposes.Nick Lall, 6231 Mabury Avenue, on behalf of the Orange Taxpayer's Association, recognized the need for a proper fingerprint identification system but opposed a tax targeted at vehicle owners.MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to adopt a Resolution in support ofthe Cal-ID Automated Fingerprint Identification System recognizing the need to update the system but opposed to raising taxes for the following reasons: I) replace verbage in the resolution on how the City will fund it, recognizing the City will be responsible for its portion of the $10,000,000 replacement cost, $455,000 over five years,opposing the imposition of a $1 fee on vehicle registrations in Orange County; 2) concerned with the sunsetting and possibility of renewal; 3) opposed to the fine print which indicates the funds can be spent in other ways; and 4) the City to find other creative ways to fund their portion ofthe responsibility. The Resolution to be prepared by the City Attorney and City Manager, with the Mayor's review prior to execution.2. 27RESOLUTION NO. 8871 A Resolution of the City Council of the City of Orange concerning the status of the Circulation Element for the City of Orange. (C2300.E)ACTION: Approved.2. 28RESOLUTION NO. 8875 A Resolution of the City Council of the City of Orange expressing appreciation to Captain Eugene J. Hernandez for more than 23 years ofloyal and dedicated service. (C2500.K)ACTION: Approved.TRAFFIC SAFETY 2. 29 Request Council a) approve a request for the placement of a school crossing guard on Fletcher Avenue at American Way; and b) appropriate $2,500.00 pro rated salary from General Fund Unappropriated Reserves into the Police Department's Crossing Guard Salary Account No. 100-4041- 413102. (S4000.S.3.5) PAGE 9 l'II CITY COUNCIL MINUTES January 13, 1998 2. CONSENT CALENDAR (Continued) FISCAL IMPACT: This is an unbudgeted position and requires an appropriation of $2,500 pro rated salary from General Fund Unappropriated Reserves into the Police Department's Crossing Guard Salary Account No. 100- 4041-413102. ACTION: Approved. MOTION SECOND AYES Slater Spurgeon Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Items Nos. 2.9, 2.12 and 2.26were removed and heard separately. Councilman Murphy abstained on Item No. 2.9. The remainder of the Consent Calendar was approved as recommended. END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR COONTZ - None 4. REPORTS FROM COUNCILMEMBERS 4.1 Mayor pro tem Slater - discussion on implementation of a Mills Act Program in the City of Orange.Mayor pro tern Slater presented an overview of the Mills Act. The implementation of the Act in the City of Orange would encourage historic preservation and reduce taxes. Several Old Towne homeowners have inquired about taking advantage of the Mills program. It was one of the benefits addressed by the petitioners who listed the Old Towne district on the National Register of Historic Places. The key elements of the Mills Act are: I) it is a completely voluntary program; 2) it is an economic incentive program to encourage preservation of historic properties by reducing property taxes; 3) it can be used by homeowners as well as income producing historic properties; 4) it includes a commitment to preserve and maintain a property for a minimum period of ten years; and 5) it is a contract between the City and the owner of a designated historic property. Staff estimates the potential revenue loss to the City would be $7,000 to $21,000 annually. It was suggested that the administrative cost be as low as possible, $145 or lower, similar to costs charged for those that must appear before the Design Review Board, and that all properties listed in the City's historical resources survey and/or the National Register of Historic Places which are not in a redevelopment area be included. Mayor pro tern Slater requested Council's input with staff returning to Council with a Resolution to implement the program.Barbara DeNiro, (address on file), commented this should be heard at a 7:00 p.m. session; expressed confusion with the agenda title; and concern with the Mills Act Program.PAGE 10 Ii' P CITY COUNCIL MINUTES January 13, 1998 4. REPORTS FROM COUNCILMEMBERS (Continued) Speaking in support of the Mills Act Program Sarah Pearson, 248 S. Batavia Joan Crawford, , 394 S. Orange Nick Lall, 6231 Mabury Avenue, asked if the Mills Act would encompass the entire 26 miles of Orange and if it only applies to income producing properties? It is hoped the report before Council identifies how much potential revenue loss there would be to the City and whether the City is going to increase taxes or decrease services to compensate for the lost revenue.The Director of Community Development explained there is a property tax savings to those property owners. The Mills Act Program would apply to recognized historic properties and ; it could apply to historic properties recognized outside of the Old Towne area; and it is only for income producing properties. The document provided to Council was a preliminary overview of the Mills Act Program and does merit additional review and consideration. A meeting will be held with Councilmembers individually and a report prepared for Council consideration in 60-90 days. 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 5.1 Reappoint Pat Buttress to the Community Video Advisory Board (term to expire December 31,1999). (ORI800.0.28) MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to reappoint Pat Buttress to the Community Video Advisory Board.5.2 Accept Meredith Martini's resignation from the Santiago Library System Lay Advisory Board with regrets and instruct the City Clerk to advertise the vacancy as required by the Maddy Act. (OR1800.0. 3.21)Mayor Coontz requested staff provide an update on the duties of the Santiago Library System to be included in the advertisement for the vacant position.Carole Walters, 534 N. Shaffer, commented on Mr. Martini's involvement in various activities in the City.MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to accept the resignation of Meredith Martini from the Santiago Library System Lay Advisory Board with regrets and instruct the City Clerk to advertise the vacancy.PAGE 11 T'~j CITY COUNCIL MINUTES January 13, 1998 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 5.3 Appoint Councilman Alvarez to serve on the Orange County Vector Control Board (term expires December 31,1999). (OR1800.0.3.20) MOTION - Mayor Coontz SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to reappoint Councilman Alvarez to serve on the Orange County Vector Control Board.5.4 Quarterly Report from the Investment Oversight Committee and submittal of the Annual Audit Report of Treasurer's Investments. (OR1800.0.27.16)The City Treasurer presented the report, noting the new members ofthe Investment Advisory Committee held their first meeting on November 17, 1997. Jim Hansen was elected as Committee Chair. Meeting dates were scheduled for January 7, April I, July 1, and October 7, 1998 at 1:30 p.m.The Investment Officer gave an update on the City's transition from Wells Fargo Bank to Union Bank of California.Barbara DeNiro, ( address on file), asked why the transition from Wells Fargo to Union Bank of California occurred. The Finance Director explained the services being received from Wells Fargo Bank were unsatisfactory; a competitive process was used to select a new banking service; and Council approved staffs recommendation in September, 1997 to utilize the services of Union Bank of California.MOTION -Slater SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file the Quarterly Report from the Investment Oversight and the Annual Audit Report of Treasurer' s Investments.6. REPORTS FROM CITY MANAGER - None 7. ADMINISTRATIVE REPORTS 7. 1 Recommend the Treasurer's Report for the period ending November 30,1997 be received and filed. (C2500.F) MOTION - Mayor Coontz SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file.llTliil. . '.'.PAGE 12 CITY COUNCIL MINUTES January 13, 1998 7. ADMINISTRATIVE REPORTS (Continued) 7.2 Report on water consolidations and future water service in the City of Orange sphere of influence. (OC1300.G) RESOLUTION NO. 8863 A Resolution ofthe City Council ofthe City of Orange expressing its basic policy objectives concerning the provision of retail water service within the City of Orange sphere of influence. MOTION - Mayor Coontz SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Resolution No. 8863 as introduced, be adopted and same was passed and adopted by the preceding vote.MOTION - Mayor Coontz SECOND -Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to authorize staff to prepare comments, and if appropriate a formal application, to LAFCO outlining the City' s position; authorize staffto request proposals for consulting services to assist in the preparation of the City comments to LAFCO; and authorize the allocation of $30,000 from Water Fund Unappropriated Reserves to Account No. 600-8011-426700 (Professional and Consulting Services).7. 3 Request from Mayor Coontz and report from the Public Works Director regarding the PECG initiative. (C2500.M)Mayor Coontz introduced the subject initiative and requested additional information be provided to Council listing a number of city, county, and statewide organizations that oppose the initiative.The Director of Public Works reported the initiative would restrict State, local agencies. and private entities ability to receive State funds to contract for professional services. The initiative favors State employees. The local agencies concern is the impact on the ability to deliver projects in a cost effective manner. The reference to State funds is unclear and could include all funds received for transportation projects. Mayor Coontz interjected this initiative would destroy competition, becomes more costly for the City and is also a delaying factor because everything would have to be reviewed by the State.RESOLUTION NO. 8869 A Resolution of the City Council of the City of Orange opposing the Professional Engineers in California Government (PECG) initiative regarding contracting of engineering, architectural and similar servIces. PAGE 13 TrD~~~---~-- CITY COUNCIL MINUTES January 13, 1998 7. ADMINISTRATIVE REPORTS (Continued) MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Resolution No. 8869 as introduced, be adopted and same was passed and adopted by the preceding vote.7. 4 Report from the Director of Economic Development requesting Council approve a Deferred Payment Loan for Case #619 and authorize the Finance Department to prepare a warrant in the amount of $32,250. (C2500.G.1.3.3)FISCAL IMP ACT: Funds are available in the Deferred Payment Loan Fund 315 and will be recorded under Account No. 315-6052-812001-0000. MOTION -Alvarez SECOND -Spurgeon AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve and authorized the Finance Department to prepare a warrant. 8. LEGAL AFFAIRS 8.1 ORDINANCE NO. 16- 97 An Ordinance of the City Council ofthe City of Orange repealing Chapters 8.04 and 8.05 ofthe Orange Municipal Code and replacing them with a new Chapter 8.04 relating to the City's Nuisance Abatement Law. (A2500. 0)MOTION - Slater SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 16-97 be read by title only and same was adopted by the preceding vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS Derek Cook, representing the City of Orange Police Association (COPA), gave the following responses to comments made at the January 6, 1998 Special Meeting.The allegation that the Police Captain and Acting Police Chief being intoxicated the night Officer Warde was shot in the Caltrans incident is a blatant lie.PAGE 14 L iTI' 1"Lii CITY COUNCIL MINUTES January 13, 1998 10. ORAL PRESENTATIONS (Continued) The Orange Police Department has been, is, and will always continue to be a professional organization comprised of dedicated individuals who serve the community with pride and distinction. The membership of COP A rejects any innuendo or statement made by anyone to the contrary. It has been inferred and suggested that the purpose behind the investigation of John Robertson was to end or impede what has come to be commonly referred to as the "trash case". That investigation is being conducted by the Orange County District Attorney's office, who has never reported anything but cooperation by City employees or its staff members. That investigation continues to move forward today. Gary Meserve, Orange, asked why Chief Robertson was fired? The City Attorney indicated he would provide answers at the conclusion of Oral Presentations. Richard Carlson, 159 S. Cambridge, expressed high regards for the Orange Police Department; and said it is wrong to make Chief Robertson the fall guy. Roger Young, Orange, expressed support for Chief Robertson. Mayor Coontz was asked why she changed her position on Chief Robertson and what her position is on every police unit in the City being armed with an Ml6 rifle and motorcycle officers having MAC 10's? Mayor Coontz responded she has not expressed her position on Chief Robertson and read the following statement which was made, on behalf of the City, at the State of the City address. "Even though we are going through an extensive investigation and the Chief of Police is on leave, our Police Department is continuing to do a superior job as they have throughout the years for this community. The significant issues regarding the Chief that were investigated originated not from the City Manager, not from the City Council, but from the complaints of misconduct by police officers against their own Chief of Police. And to trivialize these complaints is to trivialize the concerns of those police officers, those individuals who you are speaking of, who are out on the streets every day protecting us. Their concerns do not deserve to be scathed at, as some members of the public have done. They deserve to be investigated as required by State law and the City's own personnel regulations. The City has done what it was supposed to do - investigated the complaints - and you made some reference as to what I had done or had not done. I must tell you that it is a process and the Council has not made a decision, because that is not part of the process at this point."Barbara DeNiro, ( address on file), indicated she was not at the last meeting because she was told it was a Special Meeting. Ms. DeNiro presented a written document to Council to be made part of the public record.Bob Bradley, 873 N. Highland, commented on the actions of Chief Robertson's attorney and counsel at the January 6th Special Meeting.Nick Lall, 6231 Mabury Avenue, expressed concern with questions being answered at the conclusion of oral comments, rather than at the time the question is asked.PAGE 15 I' r CITY COUNCIL MINUTES January 13, 1998 10. ORAL PRESENTATIONS (Continued) Ken Adair, 11402 Jola, Garden Grove, commented the Police Chief issue is degenerating into a real brawl and asked about Councilman Alvarez's comment that there had been 31 complaints by police employees, but only 6 were actually in writing. What does it take to make that serious enough to be considered? Dana Bosch, 1598 N. Morningside, expressed shock over the behavior of Police Chiefs supporters; indicated his attorney was rude and hostile and owes the Council an apology; and expressed concern that Councilman Alvarez had sought legal services to help him in the decision making process. The City Attorney responded Chief Robertson has not been fired. A notice oftermination was sent by the City Manager which allows the Police Chief to know what the proposed discipline is, what the charges supporting the discipline are, and the documentation which the City has reviewed in coming to the proposed decision. There will be no final action until the Police Chiefhas an opportunity to respond to the allegations represented by Council. It would then come back to the City Manager for a decision. It is proposed at this time that an independent arbitrator be selected for the Skelly hearing. The arbitrator's recommendation would be made to the City Manager. If the City Manager continues to propose termination, Council's approval would be sought. The allegations, at least the more significant ones of misconduct, were brought to the City's attention by police officers. The City is required under State and Federal law to investigate the allegations. The City went outside the City boundaries and selected two investigators who have investigated several complaints that have been lodged in other Police Departments. He provided the investigators with a list of issues to investigate, which were investigated, and conclusions were drawn. The Council at this time has not been asked to do anything. They have been kept informed. The Council will not be asked to do anything with respect to the investigation unless the City Manager recommends termination at the end. It was his suggestion to respond to the questions at the end of Oral Presentations as many questions are the same. In this particular issue, when there is a question and answer, it results in a debate, lengthens the process, and makes it difficult for the City Clerk to keep track of the minutes allowed for the person speaking. The City Manager responded the issue of how the police units and motorcycle officers are armed arose at a Council meeting subsequent to the Hollywood shootout. After discussing the issue with Chief Robertson, it was his position that the departments' only comments would be that they felt that the officers were adequately armed. They did not wish to disclose how they were armed. Captain Gene Hernandez spoke on behalf of the Chief and the department at the Council meeting and took that position. A proposal has not been received to change armament or to address the issue in any way, but indicated he would follow up with the department. Councilman Alvarez apologized to Mr. Ken Adair, indicating that his statement regarding the number of complaints received was not meant to be taken as minimizing the complaints. It was his way of illustrating that there had been 30 complaints when the Police Chief was placed on administrative leave, and then it was numbered down to 4 to 5. It was not meant to minimize that they are not important. An outside attorney was hired to help make the decision for two reasons: I) to take the emotion out of the PAGE 16 p CITY COUNCIL MINUTES January 13, 1998 10. ORAL PRESENTATIONS (Continued) decision; and 2) to see if there was something that he had missed, noting the reports are complicated. Councilman Alvarez clarified further the statement that he made earlier that he thought it looked personal between the City Manager and the Police Chief, indicating when looking at the reports, he characterizes them into three trends: 1) everything started with the Personnel complaints from Sargent Marrujo and Captain Walsh which were investigated the way there were supposed to be and the law was followed; 2) the scope seemed to broaden with the affidavit and everything read in the paper; and 3) basically, the Chief was put under a microscope. It was concluded after reading the reports and working with his attorney, his conclusion had not changed. He indicated his prepared statement was given to the City Attorney for his perusal and said he would not read the statement. Ann Pepper at the Orange County Register was asked to hold it. His intentions are not to add to the brawl but to get information out. Mayor pro tern Slater commented personal attacks are completely inappropriate unless they are true, or there is something about it that relates to the subject at hand. In defense of Acting Chief Dean Richards, he spoke with him extensively the night of the shooting and was under no impression or indication that he had been drinking. Police officers should be armed to handle a situation as took place at the Caltrans facility and he is glad to know that it will be pursued. It was clarified that the investigation has been based on three complaints that have been investigated, two for hostile work environment, and one related to other issues. That is all that has been seen so far. Mayor pro tern Slater said he questioned Officer Cook's credibility when he previously addressed the Council and implied that the Police Department had approved a letter that was read. It is not true, as several officers called him expressing anger, indicating the letter did not represent them. There are unions in our City and we Iolave fine employees that are members of them, an outstanding Police Department, and outstanding members of the Police Department. The question he has is who is running the City? Is it the union or is it us? Mayor pro tern Slater said he will never be swayed by what a union has to say, or anything that they would intimate or any kind of intimidation. Councilman Spurgeon commented he has not said a thing. Anything that has been said has been said to his colleagues in Executive Session where he is legally allowed to say and express his opinion as they have theirs. He will have plenty to say when the time is right. His vision and responsibility as a Councilman is to protect not just one person but he also has an obligation to ensure that the men and women, sworn or civilian, in the Police Department, are also protected, and given their rights to express their opinions, either through this process or the public. The allegation made against the Acting Police Chief the day of the shooting was also refuted. He will continue to support ones right to express their opinion. His job is to make sure the process goes to a logical and legal conclusion. The City Manager indicated he discussed with the Acting Police Chief the allegations which had been made against him and his whereabouts at the time of the Caltrans shooting. The allegation made has been disproved to his satisfaction. Acting Police Chief Richards has well accounted for his time and was very involved with the officers in the shooting at the station. There is no question about the veracity of his statements and his integrity and conduct. PAGE 17 Tf- CITY COUNCIL MINUTES January 13, 1998 10. ORAL PRESENTATIONS (Continued) Councilman Murphy commented he has been dismayed with the amount of public discussion of an issue of a personnel nature that should be private, so that the rights of the Police Chief and everyone involved are respected prior to a final decision. With the concurrence of Council, he indicated the investigations are independent and were unaffected by any individual involved from the interview standpoint. It is important that the public know as well that the investigative process was independent and not affected by any particular interest or group along the way.. Councilman Murphy looked to Councilmembers for concurrence with his statement. The process is ongoing, and until the process is completed, he indicated he does not know how anyone could come to a final decision. Mayor Coontz indicated she had not spoken because they are going through the process and it wasn't the time to speak. There are approximately 2,000 pages to the investigative report. The City Council takes the oath of office to do the very best they can for the citizens of the City of Orange. There must be complete confidence in our Police Department. Mayor pro tern Slater responded, for the record, to the issue brought up by Councilman Murphy. "I am not completely convinced for myself that the investigation was independent and I feel very strongly that that direction given to the investigators was - I don't agree with that direction either".The City Council recessed at 6:58 p.m. and reconvened at 7:10 p.m.11. RECESS The City Council recessed to a Closed Session at 8:45 p.m., subsequent to the 7:00 p.m. Session, for the following purposes:a. Conference with labor Negotiator pursuant to Government Code Section 54957.6:City Negotiator: Personnel Director Steven Pham Employee Organization: Police Association, Police Management, Orange City Firefighters, Fire Management b. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation.City of Orange vs. KPMG Peat Marwick, Orange County Superior Case No. 772237.c. 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 12.1 INVOCATION Phyllis Cahill, Soroptimist 12.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilman Spurgeon l Hill PAGE 18 CITY COUNCIL MINUTES January 13, 1998 12.3 ANNOUNCEMENTS - None 12. 4INTRODUCTIONS - None 12.5 PROCLAMATIONS - None 12.6 PRESENTATIONS - None 13. NOTICED HEARINGS 13. 1 PROPERTY ACQUISITION BY EMINENT DOMAIN, 1515 W. CHAPMAN AVENUE:Time set for a noticed hearing on petition by the City of Orange to acquire the following property by eminent domain: 1515 W. Chapman Avenue; Assessor's Parcel No. 39-313-03 (C2500.M.14)Property Owners: Liow Mey Ju, etal Jose Altamirano & Chin Mei Chu Chin Huang Chen & Chin Feng Chu Shu I. Hsiao King Yuan Chu & Ching Chiao Chu The Director of Public Works reported the acquisition is for a 10 foot strip immediately adjacent to Chapman Avenue as part of the widening of the intersection of Chapman and Main. The Environmental Impact Report was certified in March, 1992. The City has received Measure M competitive grant funding for the project. The findings to be made are: 1) the public interest and necessity require the proposed project; 2) the proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3) the real property is necessary for the proposed project; and 4) an offer to purchase the property pursuant to the California Government Code.MAYOR COONTZ OPENED THE PUBLIC HEARING.Liow Mey Ju, 1515 W. Chapman, commented she does not oppose the City taking the property but needs more time to study the City's offer to purchase the property. David Bienstock, 414 N. Thomas St., accompanied Ms. Ju to the lectern and confirmed that she understood the City's proposed action.The City Attorney explained the City needs to obtain possession of the property to move forward with the project. The City will continue negotiations with the property owner as to the value.RESOLUTION NO. 8865 A Resolution of the City Council of the City of Orange finding and determining that the public interest and necessity require the acquisition by eminent domain of certain real property located near the northwest corner of Chapman Avenue and Main Street for public use and authorizing and directing condemnation.THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING PAGE 19 if" 1 - CITY COUNCIL MINUTES January 13, 1998 13. NOTICED HEARINGS (Continued) Councilman Spurgeon requested the City Attorney confirm permission for him to vote on the issue, indicating he lives approximately 2000 to 2200 feet from the project. The City Attorney responded he would be able to vote unless the action would negatively or positively impact his property by $10,000 or more. Councilman Spurgeon stated for the record that it does not. MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Resolution No. 8865 as introduced, be adopted and same was passed and adopted by the preceding vote.14. PUBLIC HEARINGS 14.1 APPEAL NO. 440; TENTATIVE PARCEL MAP 96-183; VARIANCE 2031-97; PAUL CLARK AND GEORGE ADAMS:The public hearing on petition by Paul Clark and George Adams to appeal the decision by the Planning Commission on July 7, 1997 denying Tentative Parcel Map 96-183 which would subdivide a 19,860 square foot parcel into 4 lots and Variance 2031-97 which would allow for waivers of site development standards for lot size, lot width, lot depth, building setbacks and parking upon the property was continued from August 26,1997, September 23,1997, October 28,1997, and December 9,1997 to this time. The Planning Commission found that approval ofthis proposal would likely intensify existing access and parking problems in the area; increase non-conformities of existing development on the site; create lots that are substandard to zoning requirements; and grant a special privilege inconsistent with the limitations upon other properties in the same vicinity and zoning district. (A4000. 0 APP-44D)NOTE: The applicant has modified the proposal to subdivide the property into three lots. The variance is still required to request a waiver of site development standards pertaining to lot size, lot depth,building setbacks and parking.The property is located at the northeast corner of Maple and Parker (633 West Maple). Negative Declaration 1520-97 has been prepared to evaluate the environmental impacts of this project.THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:We feel very strongly that this project is the right type of development for the City of Orange. We feel that Orange does not need more apartments. Converting these four rental houses into four single lots that could then be sold so that families would live there who have pride of ownership is the most positive thing that could happen to the property. We are not trying to increase the density - there are four existing single family houses and we are trying to keep four single-family houses. We feel that we met all the conditions of the proper variance and we would like to present our project to the City Council PAGE 20 T - CITY COUNCIL MINUTES January 13, 1998 14. PUBLIC HEARINGS (Continued) for Orange. Therefore, because of the above, we respectfully request a hearing at the City Council as soon as possible." The Director of Community Development explained this is a remnant piece of property zoned R- 3 Multiple Family Residential and occupied by four smaller single-family houses. The original request before the Planning Commission was to subdivide the property into four parcels. The applicant has changed his request to subdivide the property into three parcels. If approved, this would create three independent parcels. The zoning code requires a minimum lot area in an R-3 zone of 8, 000 square feet on a corner and 7,000 square feet on the other lots. This subdivision, with the required dedications,would create a corner lot of 4,956 square feet; the other two lots would be 6,380 and 5, 478 square feet.There is currently a 1,200 square foot two-bedroom unit on the front lot. There would be two 660 square foot single family units on the central lot and one 700 square foot lot on the third lot. The minimum lot depth required by the zoning code is 100 feet. The depths of the lots created would be 90 foot for the corner lot, 54 feet for the central lot, and 66 feet for the third lot. The parking and setback requirements also would not meet current standards. The Planning Commission's decision was based on the four lot parcel map.MAYOR COONTZ OPENED THE PUBLIC HEARING.George Adams, 7425 Lewis, said the property desperately needs help. It is his intention to divide and sell off the front and back houses, bulldoze the two middle houses, and build a nice duplex. He asked the City to allow him the three lots which would help make it work economically for him.Councilmembers expressed concern with setting a precedence; asked if there are other properties like this in the City; and whether a covenant could be placed on the property The Director of Community Development responded he is not aware of other properties in the same condition with the same types of problems. Recorded documents are kept with the County Recorder's office and it is possible a request could get through without the City knowledge of the recording.Mayor Coontz suggested tracking recorded documents through the City's geobase system. The Director of Community Development said he could address the issue with the Council and City Manager at budget time. The City Attorney commented a covenant or deed restriction would be a viable alternative.There needs to be a method of tracking the restrictions without having to review entire title reports to determine if it applicable to the City.Joan Crawford, 394 S. Orange, commented approval of the project would give the applicant special privileges and would set a precedence.THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. MOTION - Mayor Coontz SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez PAGE 21 rrl~ CITY COUNCIL MINUTES January 13, 1998 14. PUBLIC HEARINGS (Continued) Moved that 1) the proposal be sent back to the Planning Commission for consideration at its meeting of February 2, 1998 with the understanding that Council has looked at the problem, recognized that this application is different that the original application, and feels it would be better to be creative with the property that to leave it the way it is; 2) the Planning Commission recognize that the parcel historically was cut off from a larger piece and qualifies for a variance(s); 3) the lots be divided into either two or three; 4) reduced street widening and improvements be included; and 5) there be a recorded covenant included with the ability of staff to track it in City Hall. 14.2 MULTIFAMILY HOUSING REVENUE BONDS; 1300 N. SHAFFER (ORANGEV ALE APARTMENTS); 1300 N. SHAFFER PARTNERS LP, A CALIFORNIA LIMITED PARTNERSHIP Time set for a public hearing to consider the proposed issuance by the California Statewide Communities Development Authority on behalf ofthe City of multifamily housing revenue bonds in an aggregate amount not to exceed $3,000,000 to finance the acquisition and rehabilitation of a 64- unit multifamily rental housing project located at 1300 N. Shaffer, known as the Orangevale Apartments.The project will be owned and operated by 1300 N. Shaffer Partners LP, a California Limited Partnership. (C2500. G)MAYOR COONTZ OPENED THE PUBLIC HEARING.THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING.RESOLUTION NO. 8868 A Resolution of the City Council of the City of Orange approving the issuance of multifamily housing revenue bonds by the California Statewide Communities Development Authority MOTION - Slater SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Resolution No. 8868 as introduced, be adopted and same was passed and adopted by the preceding vote. 15. PLANNING AND ENVIRONMENT - None 16. ORAL PRESENTATIONS Carole Walters, 534 N. Shaffer, commented the police officers in attendance at the Council meeting are intimidating. Ms. Walters addressed a formal complaint she filed against a police officer; a package and letter that will be sent to the Attorney General; and that the Mayor should disqualify herself for speaking with Becky Blair, a non-Orange resident, relative to her husband providing Chief Robertson with financial help. PAGE 22 I: li-~~--~~-------~-- CITY COUNCIL MINUTES January 13, 1998 16. ORAL PRESENTATIONS (Continued) Mayor Coontz denied the allegation. Adele Graves, (address on file), spoke regarding the misuse of political power. Richard Siebert, 1388 N. Kennymead Street expressed support for Chief Robertson; appreciation for what he has done in the City; and what will happen if he is terminated. Richard Carlson, 159 S. Cambridge, spoke regarding problems caused by the non-conforming use of P.J. Mead's. Mr. Carlson said he filed a claim against the City, indicating the City Attorney said once something is received in the mail, the City will act on it.The City Attorney denied the statement made by Mr. Carlson.Mayor Coontz said allegations and inferences continue to be made. The City Council can not speak to the issue of Chief Robertson, as it has not come to closure.Deborah Bray, representing Liebert, Cassidy & Frierson, 6033 W. Century Blvd., Los Angeles,addressed her comments regarding Police Chief Robertson indicating the public and political nature of this proceeding is different from any other proceeding she has experienced. From what she has seen the City and its staff have taken a very careful, cautious, and professional approach to the manner in which the case has been handled. Ms. Bray said there has been some indication that the outside investigators hired were not independent. She has seen no evidence of that. Ms. Bray said they are making sure that the Chief is afforded every right he is entitled to under the Peace Officers Bill of Rights and under any due process issues. Neither the Council nor staff can get into the details of the reasons behind an action of this sort. The public has been somewhat premature in judging the matter without having all of the facts.NOTE: The City Council recessed at 8:45 p.m. to Closed Session and reconvened at 9:05 p. m.17. ADJOURNMENT MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez The City Council adjourned at 9:05 p.m.ct(l~ jdCASSANDRA ATHCART, CMC CITY CLERK COONTZ AYOR PAGE 23 1 r Ii F