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03-24-1998 Council MinutesApPROVED BY THE CITY COUNCIL ON APRIL 14, 1998 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING March 24, 1998 The City Council of the City of Orange, California convened on March 24, 1998 at 4:30 p.m. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 4:30P.M. 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/ INTRODUCTIONS Councilman Murphy announced the Concert Choir and Chamber Singers at Orange High School were selected to represent California in the American Musical Salute celebrating the 150th Anniversary of the Washington Monument next month in Washington, D. C. In order for all members of the choir to attend, he asked, on behalf of the Choir Director,that anyone interested make a donation to the Vocal Music Department, Orange High School, 525 N. Shaffer, Orange, 92867.Mayor Coontz read a letter received from Bill Campbell, 715t District Assemblyman,complimenting the City Police and Fire Departments for their quick response to an accident which occurred on March 11, 1998 on Taft Avenue in the City of Orange.A Certificate of Appreciation was presented to Martha Adamik, Orange Crossing Guard,for heroic life saving actions.The City Manager presented Employee Recognition Service Awards to Dennis Gomez,Chuck Glass, and Yolanda Moreno. Walt Lee was unavailable to accept his award.C2500.J. 4.18)Resolution No. 8889 was presented to Ashok Basargekar, Public Works Department,commending him for more than twenty years of loyal and dedicated service.Resolution No. 8890 was presented to Detective James R. Foster of the Police Department expressing appreciation for 12 years of loyal and dedicated service.Detective Foster was unable to attend the meeting).PAGE 1 r CITY COUNCIL MINUTES March 24, 1998 1.3 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS (Continued) Mayor Coontz announced that on December 18, 1997 the most violent incident that has ever occurred in the history of the City of Orange took place. When a disgruntled Cal Trans employee opened fire on his fellow workers, the well-trained men and women of the Orange Police Department put their lives on the line and responded to the call with bravery and courage. It will never be known how many lives were saved by their heroic actions.Acting Chief of Police Richards recognized Police Department employees for their performance during the incident and presented the following medals: (C2500. K)Medal of Distinction - Dispatcher Mike Taylor Medal of Courage - Officer Cathy Wells, Officer John Warde, Officer Mike King,Officer Frank Kelley, Officer Tom Bevins, Officer Kelvin Van Gorder, Officer Joey Ramirez, Master Police Officer Sean O'Toole, Sgt. Tim Ralph.Medal of Valor - Officer Derek Cook RECESS The City Council recessed at 5:05 p.m. to the Weimer Room for a reception honoring medal recipients. The City Council reconvened at 5:40 p.m.CONSENT CALENDAR Tape 970 2.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of March 24, 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 March 5, 1998 and March 12,1998. ACTION: Approved. PAGE 2 L..-.--.,..-r~- T~-- - CITY COUNCIL MINUTES March 24, 1998 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELY) 2.3 Request approval of City Council Minutes, Regular Meeting, March 10, 1998 and Adjourned Regular Meeting, March 17, 1998. Mayor Coontz noted a request was received to remove the minutes of March 10, 1998. MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve the Minutes of the Adjourned Regular Meeting of March 17, 1998 and continue the Minutes of the Regular Meeting of March 10, 1998 to April 14, 1998.2.4 Consideration towaive reading in full of all ordinances on the Agenda.ACTION: Approved.BIDS 2.5 Bid No. 978-19 to Richard L. Walker Inc. (A2100.0 AGR-0259.D)SUMMARY: Award Bid No. 978-19 and approve a contract in the amount of $60,000 for sewer cleaning and pump station maintenance. ACTION: Authorized the Mayor and City Clerk to execute on behalf ofthe City. FISCAL IMPACT: Funds are budgeted and available in Account No. 220- 5022-427100-60,000.00 (Sewer and Sanitation Services).2.6 Bid No. 978-29 to Marcus P. South and Associates ( A2100.0 AGR-3003)SUMMARY: Award of Bid No. 978-29 and approve a contract in the amount of 273,400 for construction of ConcessionlPicnic Shelter Building and park improvements at Handy Park.Discussion: Oz Enderby, 6719 E. Oak Lane, representing North Sunrise Little League,expressed appreciation to the City for the recently installed electronic scoreboards and improvements made at Handy Park. The League and its representatives look forward to the opportunity to express appreciation to Council and staff for the positive environment provided for the City's youth.ACTION: Authorized the Mayor and City Clerk to execute on behalf ofthe City.FISCAL IMP ACT: Funds are budgeted and available inAccount No. 510-7021- 481200-0017 - $ 273, CITY COUNCIL MINUTES March 24, 1998 2. CONSENT CALENDAR (Continued) 2.7 Bid No. 978-24, SP-3226, 1997-1998 ADA Wheelchair Access Ramps, Various Locations. ( A2100.0 AGR-3002)SUMMARY: This project will provide for construction of Wheelchair Access Ramps conforming to the requirements of Americans with Disabilities Act at various locations.The City Council previously approved advertisement on November 25, 1997.ACTION: Award of Bid No. 978-24 in the amount of$86,935. 20 to C. J. Construction,Inc., 14730 E. Firestone Blvd., Suite 302, La Mirada, CA 90638 and authorized the Mayor and City Clerk to execute on behalf of the City.FISCAL IMPACT: Funds are budgeted or are available in the following accounts:310- 6057-483300-1328-16113 $59,310. 00 (CDBG Funding)310-6061-483300- 1328-16113 $62,910.00 (CDBG Funding)Total Funds Available $122,220.00 2.8 Bid No. 978-25, Recoating of the Interior of Reservoir No. 1. (A2100.0 AGR-3001)SUMMARY: Reservoir No.1 is a 5.0 million-gallon steel tank located at 2441 N. Villa Real Drive. This project involves the application of a new coating system on the interior surface of the reservoir.ACTION: Accepted Bid No. 978-25 in the amount of $ 285,000.00 from Robison-Prezioso, Inc., of 10114 Shoemaker Avenue, Santa Fe Springs, CA 90670, and authorized the Mayor and City Clerk to execute on behalf ofthe City.FISCAL IMPACT: Funds are budgeted and available in Account No. 601-8041-484400-8302, Reservoir Recoating in the amount of $350, 000.00.2.9 Bid No. 978-28, 1997-1998 Street Maintenance Project, Main Street and Orangewood Avenue. (A2100.0 AGR-3000)SUMMARY: Orangewood Avenue from Orange Freeway to Main Street and Main Street from Maple Avenue to Railroad Tracks are included in the Arterial Street Maintenance Program. These arterials were identified by the Street Division's Pavement Management System to be in need of urgent street maintenance to extend the service lifeofthe roadway. The maintenance will CITY COUNCIL MINUTES March 24, 1998 2. CONSENT CALENDAR (Continued) ACTION: Accepted Bid No. 978-28 in the amount of$371,979.94 from Calmex Engineering Inc., 190 E. Harrison Street, Bldg. A, Corona, CA 91719 and authorized the Mayor and City Clerk to execute on behalf of the City.FISCAL IMP ACT: Funds are budgeted and available in the following accounts:272-5021-483300-4027 $ 283,651 (Gas Tax)272- 5021-483300-4028 $231,000 ( Gas Tax)Total Funds Available $514, 651 2.10 CLAIMS FOR DAMAGES FROM:a. Maria Audelo b. Ector Ramo c. Mary McCarthy d. Kathleen Roa FISCAL IMPACT: None.ACTION: Denied claims for damages and referred to City Attorney and Adjuster. C3200.0)CONTRACTS REMOVED AND HEARD SEPARATELY)2.11 RESOLUTION NO. 8894 A Resolution of the City Council of the City of Orange relating to the classification,compensation, and terms of employment of designated Executive Management, Staff Management, and Labor Confidential employees, and repealing Resolution No. 8639 and amendments thereto; and, further, amending Exhibit " A" and "B" of ResolutionNo. 8639 as described herein. (C2500.J.4.6)NOTE: Mayor pro tem Slater abstained on this item due to a business relationship with a management staff member within the last year. MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez ABSTAIN- Slater ACTION: Approved. PAGE CITY COUNCIL MINUTES March 24, 1998 2. CONSENT CALENDAR (Continued) 2.12 RESOLUTION NO. 8895 A Resolution ofthe City Council of the City of Orange agreeing to a redistribution of property taxes for Annexation No. CA97-32 (Greystone). (A3100.0 ANX-CA97-32)Location: Northwest corner of Lincoln and Orange- Olive Road ACTION: Approved.2. 13 RESOLUTION NO. 8896 A Resolution of the City Council of the City of Orange upholding the recommendation of the Planning Commission of the City of Orange and approving the General Plan Classification of property generally located on the south side of Taft Avenue between State Route 55 and Morningside Street. (C2300.E GPA-2-97)General Plan Amendment No. 2- 97. Applicant: Hearthstone Development Corporation. ACTION: Approved.2.14 RESOLUTION NO. 8897 A Resolution of the City Council of the City of Orange upholding the recommendation of the Planning Commission of the City of Orange and approving Conditional Use Permit 2191-97 relating to a planned unit development of 41 single family detached residential units on 7.797 acres on property generally located on the south side of Taft Avenue between State Route 55 and Morningside Street. (C2300.E CUP- 2191-97) Conditional Use Permit 2191-97. Applicant: Hearthstone Development Corporation.ACTION: Approved.2.15 RESOLUTION NO. 8898 A Resolution of the City Council of the City of Orange upholding the recommendation of the Planning Commission of the City of Orange and approving the subdivision of property generally located on the south side of Taft Avenue between State Route 55 and Morningside Street. (C2300. E TRT- 15546)Tentative Tract 15546. Applicant: Hearthstone Development Corporation.ACTION: Approved.MOTION - Murphy SECOND - SlaterAYES -Murphy, Slater, CITY COUNCIL MINUTES March 24, 1998 2. CONSENT CALENDAR (Continued) Item Nos. 2.3 and 2.11 were removed and heard separately. Mayor pro tem Slater abstained on Item No. 2.11. The remainder of the Consent Calendar was approved as recommended. END OF CONSENT CALENDAR 3.REPORTS FROM MAYOR COONTZ Tape 1132 3.1 City accomplishments and goals for the future. Mayor Coontz reported last week was the study session in preparation for next year's budget.What was different about the session was that it was entirely about the goals for the City for the coming year. No dollar amounts, no fiscal bottom line, which will come later, but a work plan to build success into next year's services to the community. All cities today face challenges, but the City of Orange has shown the will, ability, and vision to learn and become a better, stronger city in spite of adversity. The Orange County bankruptcyenlightenedtheCityandstrengthenedtheentirefinancialstructure. The recession caused the City to work smarter and harder with a tighter budget and fewer employees. The City concentrated heavily on retaining business and bringing new business to town. The City Mills and Century Theaters realized the great potential and came along to boost the City's financial prospects. Recently, Home Depot's entire western states operation moved in to the West End, as did the UCI Learning Center. Chapman University is contributing over $50 million to their dramatic growth in the City. New senior housing projects and upgrading of deteriorated housing were hallmarks of the Council last year. Things are happening now that have been a long time in coming, but which she and other Councilmembers have given a great deal of focus. The City's planning and vision have begun to be realized with the new Katella retail and entertainment corridor - with more activity to come. A shortage of funds and space created the opportunity to share McPherson School with the Orange Unified School District and benefit the great needs for youth recreation.At last week's study session, the City Council was presented with next year's work plans for each department, some of them new, many of them ongoing, but it was a demonstration ofthe direction of the City Council and the teamwork and creativity ofthe City staff.The City is in the planning stages for the services they would like set in motion for next fiscal year. Some of the highlights are:Public Works will develop a fully-automated traffic center with new "state of the art" computerized traffic signals. This should take care of the glitches where signals are too long or short for the volume of traffic. III I PAGE 7 CITY COUNCIL MINUTES March 24, 1998 3. REPORTS FROM MAYOR COONTZ (Continued) Community Services will provide a vision plan for a future new library on the Bank of America site and develop the first master plan for recreation areas citywide. Planning aesthetic improvements to enhance the West Chapman corridor, a major link between the Mills project and the renaissance of the Plaza. Mayor Coontz commented that although Council has differed publicly (and privately) over policy and personnel issues over the last year, it was personally gratifying that the differences were easily put aside as discussions began about the future of Orange. COUNCIL COMMENTS: Mayor pro tem Slater commented he would like to see the City concentrate on moving towards the development of the new library, more open space, parks, and recreational facilities for the youth. These areas have unfortunately been neglected in the past few years, due mainly to budget constraints. Councilman Spurgeon commented he would like to continue the high priority of public safety in the City. Councilman Murphy commented on the importance of continuing the emphasis on public safety, and parks and recreation for the youth in the community. Further, there are 130 less staff positions since he came on Council in 1993. He has noticed a high level of cooperation and effort from staff to ensure the citizens of Orange receive the finest services in this vastly changing environment. Councilman Alvarez indicated he is very interested in seeing how the new Auditor position will assist the Finance Director. He also looks forward to the Finance Department getting the new computer system on- line.Carole Walters, (address on file), referred to the bankruptcy and the ODS/ORRS investigation.Concern was expressed that more money could be lost. Mayor Coontz responded the bankruptcy issue has been addressed in the past and the recycling issue is being handled by the District Attorney's office.4. REPORTS FROM COUNCILMEMBERS - None PAGE 8 T----. CITY COUNCIL MINUTES March 24, 1998 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 1576 5.1 Appointment of Ardelle Courtney to the Santiago Library System Lay AdvisoryBoardtofillthevacancycreatedbyMr. Martini (term to expire February 28, 1999). OR1800.0.3.21 ) Mayor Coontz explained the role of the Santiago Library System Lay Advisory Board is to focus on the system services and products relating to the under-served patrons, i.e. senior citizens,handicapped, and disabled.MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve. 6.REPORTS FROM CITY MANAGER Tape 1609 The City Manager reported the County Board of Supervisors passed and approved the Memorandum of Understanding (MOU) between the County and the City of Orange for the Theo Lacy Agreement and Supervisor Bill Steiner thanks the City for its hard work and efforts. 7.ADMINISTRATIVE REPORTS Tape 1634 7.1 Selection of Firm to Conduct City-wide Management Audit. (A2100.0 AGR-2999)SUMMARY: A City-wide Management Audit is designed to provide an independent assessment of how the City organization is working, and to recommend appropriate changes in organizational operations and practices.FISCAL IMPACT: The maximum fee for this proposed contract is $175,000. An appropriation from unappropriated General Fund reserves is requested for this contract inthe1997-98 Budget in account number 100-0211-426700.The Assistant to the City Manager reported the proposal from David M. Griffith & Associates DMG) was the most responsive and provided the most extensive experience and variety in organizational wide management audits. The management audit evaluates the organization as a whole and how it conducts its business citywide. The projectwilltake20weekstocomplete.DMG has provided audits for the cities of Huntington Beach, Redwood City, Salt Lake City, and the County of Orange Library Systems.Mayor Coontz indicated the first management audit of the Citywasperformedin1988. The City Manager added the City has been through manydynamic changes since the last management audit. CITY COUNCIL MINUTES March 24, 1998 7. ADMINISTRATIVE REPORTS (Continued) Mayor pro tem Slater requested the contract review the timeline and events that took place when the problem with the trash hauler was discovered and address the following questions: Was there anything that could have been done differently? Was it a good thing in terms of time and communication between staff? Concern was expressed that this was not included in the contract, indicating he would like someone from the outside look at this issue. He referred to Page 37, Task 1, of the RFP which suggests that, if appropriate, the auditors would interview each of the Councilmembers to get their perspectives, indicating he would like that opportunity. The City Manager assured Mayor pro tem Slater that a special focus would be given on the particular internal sequence of events regarding the unfolding of the trash investigation. Mayor Coontz asked if there would be another opportunity to review the recycling issue through other contracts? The City Manager indicated this contract allows for flexibility. A different direction or more focus could be given to some areas. The Council will be provided with a timeline and what has been done to correct problems and the auditors will make recommendations if more corrections are needed. It is felt the recycling issue will be addressed with other issues in the Public Works area, giving recognition to the investigation, and provide the information to Council. The City Attorney commented he would like to check with the District Attorney's office to make sure there would not be an implication with their investigation. Mayor Coontz asked if there will be a final report or an intermediate report? The City Manager responded there will be a final report. He is not sure how many intermediate reports will be brought back to Council. When Council is interviewed by the auditors, issues may arise, and that information will be provided to Council. MOTION -Spurgeon SECOND -Alvarez AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approved a consulting services contract with David M. Griffith & Associates to conduct a City-wide Management Audit for an amount not to exceed $175, 000.MOTION - Spurgeon SECOND - Alvarez AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to appropriate, from unappropriated General Fund reserves, $175,000 to the 1997- 98 City Internal Audit Budget in Account Number 100- 0211- 426700. PAGE 10 CITY COUNCIL MINUTES March 24, 1998 7. ADMINISTRATIVE REPORTS (Continued) 7.2 Update on Library Renovation Project from the Director of Community & Library Services (C2500.I) The Director of Community/Library Services reported the project will include construction improvements, additions for health, life and safety issues in the building, internal improvements with a change to the floor plan, an Information Technology Center (ITC), expanded children services, and a reconfiguration which gives the library a more friendly atmosphere and better operational continuity. The architect is revising construction documents which will be reviewed by the Building Department next week. AirCon Energy is completing mechanical engineering plans for the heating/air-conditioning system to coincide with the construction project.Staff is working with a shelving consultant to size and develop bid specification for new shelving. Also being developed is the scope of work for the moving contractor to move the books, some shelving and related furniture and equipment to the Bank of America building,which will be moved back to the Main Library.A strict schedule for completion for the contractor and subcontractor will be attached to the bid documents. This allows the City to assess damages in a sum to be determined and appropriate for each day they are late. The project has been delayed by approximately eight weeks. The new construction schedule is as follows:1. Advertise for Bid: April 9 2. Open Bids: May 1 3. Award of Bid by City Council: May 12 4. Commence Construction: June 1 5. Complete Construction and Open Library: November 15 Mayor Coontz suggested Council's action be revisited to help visualize what was decided and voted upon and asked the following: 1) What kind of program will be planned for the grand opening? 2) How are the El Modena and Taft Libraries being utilized with the closure ofthe Main Library?The Director ofCommunity /Library Services responded the item could be brought back and an explanation given of what it will look like from an aesthetic and visual point of view. Staffis anxious and anticipates a grand opening. He explained both library sites have been busy,generating a circulation of approximately 15,000 workable items, i.e. books, supplies, CD ROM's, etc.Mayor pro tem Slater asked who takes care of the weeds at the Bank of America building? The Director ofCommunity /Library Services responded it is the City's responsibility and they have hired a contractor to maintain the site.PAGE 11 r CITY COUNCIL MINUTES March 24, 1998 7. ADMINISTRATIVE REPORTS (Continued) MOTION -Mayor Coontz SECOND -Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file.7. 3 Treasurer's Report for the period ending February, 1998. (C2500.F)The Finance Director presented the report.Carole Walters, 534 N. Shaffer, commented the residents of Orange have a right to ask where their money is.MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file.8. LEGAL AFFAIRS - None 9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10.ORAL PRESENTATIONS Tape 2500 Mara Brandman, 7319 Equitation Way, asked why John Robertson was fired? What is happening with the investigation of conflict of interest regarding City Manager Rudat? What is happening with the trash investigation? What steps have been taken to make certain this malfeasance with taxpayers dollars will not happen again? The taxpayers would like an explanation before the election.The City Attorney responded a very thorough criminal investigation is being handled by the District Attorney's office. It is anticipated the completion date for the investigation will be the summer of 1998. At this time, the public does not have a right to the information contained within the criminal investigation. The City has been precluded from that information also. The District Attorney is committing three to four individuals full-time, along with three individuals from the City of Orange.Carole Walters, (address on file), thanked City Manager Rudat, who was Acting Fire Chief at the time, for providing adequate water pressure at a fire hydrant at a mobile home park which saved lives because of a recent fire. Ms. Walters commented on a remark made by the Personnel Director to a police officer the night Chief Robertson was fired, asking is this where the Police Department gets information?PAGE 12 l----r-- r--- CITY COUNCIL MINUTES March 24, 1998 10. ORAL PRESENTATIONS (Continued) Gary Meserve, Orange, said he was not giving his address under the Brown Act due to threats he has received. The monies Ms. Walters referred to were stolen or embezzled, not lost. Comments were made on the firing of Chief Robertson. He urged anyone in the City of Orange who has information on the wrongdoing of ORRS or the City Council to report it to the Orange County District Attorney. Barbara DeNiro, (address on file), thanked staff for removing the weeds at Olive and Almond; commented on the remark made that the City is doing better with 130 less employees; and that the management audit should focus on the particular problem areas mentioned and hiring practices. Ms. DeNiro asked if the Theo Lacy settlement money was used for the Mills Project and for an accounting of the money? What happened to the citizen that was involved in the police shooting incident on December 18, 1997 at Taft and Batavia? Mayor Coontz responded the settlement money was not used for the Mills Project, indicating she spoke about this issue at the last meeting and could provide Ms. DeNiro with a copy of the minutes. The newspaper articles provided detailed information about the citizen that was involved in the incident, who fortunately was not injured. Norm Phillips, 348 Redwood, commented on the poor judgment used by City Manager Rudat regarding monies missing from ODS/ORRS. A comment was made that one elected official has been a member of the City Council through all three financial debacles the City has had in the last ten years and that person has presided over the most costly money loss in the Orange County bankruptcy. Council Members are charged with the fiduciary duty to protect city funds. MA YOR COONTZ COMMENTED FOR THE RECORD: "I would like to correct something. What I would like to correct to you is that I was the only member of the City Council sitting at the time, who indicated that we need to take money out of the bankruptcy pool, or what ended up being a bankruptcy, out of the pool. The only member - and that was April of that year. And apparently you weren't around or maybe you didn't read the paper or hear about it. I have the information on that. I'm not going to prolong this. I have not made an issue out of that. I became the Mayor three days after the bankruptcy, and I alone went to most of the 55 meetings to try to resolve what needed to be resolved."Richard Carlson, 159 S. Cambridge, commented the bike lane on Cambridge is a County bike lane established in 1971. The City has no right to move, alter, or eliminate it. He has made three attempts to sell his house. Why does the City unlawfully accommodate Mr. Mead? He mentioned his lawsuit against the City. Why hasn't City Manager Rudat been ousted like John Robertson was when he was being investigated?PAGE 13 I CITY COUNCIL MINUTES March 24, 1998 11. RECESS The City Council recessed at 8:00 p.m. after the conclusion of the 7:00 p.m. Session to a Closed 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 - anticipated litigation. Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (one potential case). Orange Unified School District. c. Public employee performance evaluation pursuant to Government Code Section 54957: City Manager.d. Conference with Legal Counsel pursuant to Government Code Section 54956.9 existing litigation: Vista Royale HOA v. City of Orange, et aI., Orange County Superior Case No. 7801284.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. 1 INVOCATION Teri Gammalo, Orange Art Association 12. 2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilman Spurgeon 12. 3 ANNOUNCEMENTS - None 12.4 INTRODUCTIONS - None 12.5 PROCLAMATIONS - None 12.6 PRESENTATIONS - None PAGE 14 I --~--- ._-~_._._----- CITY COUNCIL MINUTES 13. PUBLIC HEARINGS March 24, 1998 13.1 1998-99 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIPS ACT PROGRAM: Tape 3383 Time set for a public hearing to consider the 1998-99 Community Development Block Grant CDBG) and Home Investment Partnerships Act (HOME) Programs. The purpose of the public hearing is to approve the 1998-99 CDBG and HOME Programs. The City is proposing toallocate approximately $1,401,000 of 1998-99 CDBG funding and $164, 150 of carryover CDBG funding to a variety of community development activities. It is also proposed that approximately 442,000 in HOME funding be allocated for acquisition, development and rehabilitationactivities. ( C2500.G.l.3)The Director of Economic Development explained the requirements for the use of CDBG funds and the role of the Community Development Block Grant Committee. Members of the Community Development Block Grant Committee were recognized in the audience and commended for their work. The Economic Development Department supervises the program.In response to Mayor Coontz, it was explained that Council adopted guidelines for the Committee in 1996 to insure that the same non-profit organizations do not receive funds year after year and special care is given to handicapped and projects of that nature. The funding requests and recommendations for 1998-99 are as follows:1998- 99 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COMMITTEE FUNDING RECOMMENDATIONS CITY DEPARTMENTS Administration Activities Economic Development Salaries and Benefits Maintenance and Operations Contingency Fair Housing Council of Orange County (Fair Housing Program)Community Development Revised 1999 Housing Element Administration Total Public Facilities and Improvements Community and Library Services Senior Citizens Center Facility Improvements,Phase 2 Public Works ( Listed in Priority Order) r FUNDING REQUEST FUNDING RECOMMENDATION 120, 060 37, 899 6, 211 19, 800 120, 060 37, 899 6, 211 19, 800 20, 000 203,970 20, 000 203, CITY COUNCIL MINUTES 13. PUBLIC HEARINGS (Continued) ADA Improvements-Curb Ramps ( various locations)Windgap Drive Street Reconstruction Oak Street Reconstruction WalnutA venue/Glassell Street Storm Drain Construction, Phase 1 Glassell Street Storm Drain Construction, Phase 2 Public Facilities and Improvements Total Public Service Activities Community and Library Services ProspectSchoo1/Killefer/El Camino Park Community Program Police FootbeatlBike Officer /Graffiti Diversion Program Public Service Total CITY DEPARTMENT TOTAL NON- PROFIT AGENCIES Public Facilities and Improvements Activities Episcopal Service Alliance Beacon House Refurbishment (One application for this and the Continuing Care Position)Helping Our Mentally III Experience Success,Inc. (H.O.M. E.S.)Riley House Renovation Hart Community Homes, Inc.Give the Children Homes" (Group home purchase.)Lestonnac Free Medical Clinic Construction of a Dental Station Olive Crest Homes and Services for Abused Children Wheeler Home Refurbishment Orange Children and Parents Together, Inc.Glassell Playhouse (Purchase/installation of playhouse accessible to non-ambulatory children.)Orangewood Children's Foundation Transitional Housing for Emancipated Youth Purchase of transitional housing facility.)Public Facilities and Improvements Total Public Service Activities Assessment and Treatment Services Center Youth Counseling Program ( Counseling for at-risk OUSD students.) Assistance League of Orange r March 24, 1998 190,000 190,000 54,700 54,700 203,000 203,000 313,500 313,500 196,800 196,800 1,108, 000 $1,108,000 35,000 35,000 141,000 176, 000 1, 487,970 131,650 166, 650 1,478, 620 8,000 0- 13,000 13, 000 50,000 0- 8,500 8,500 15,000 13,230 8,300 8, 300 100,000 0- 202,800 43,030 5,000 CITY COUNCIL MINUTES 13. PUBLIC HEARINGS (Continued) Operation School Bell (Purchase of school uniforms.) Casita de San Jose Group Home Therapy (Counseling for abused children living in a group home.) Christmas in April Serving Orange County 1998-99 Rebuilding Project (Home improvement for disabled & elderly homeowners.)Community Service Programs, Inc.CSP /Drug Court Clinic Orange County ( Drug rehabilitation program.)Council of Orange County, Society of St. Vincent de Paul Friends Outside Job Program (Job placement for ex-offenders & at- risk youth.)Dayle McIntosh Center for the Disabled Emergency Shelter & Housing Assistance Program Easter Seal Society of Southern California Easter Seal Senior Day Care (Daycare for frail elderly.)Episcopal Service Alliance Continuing Care Coordinator for Beacon House, a transitional homeless shelter One application for this and Beacon House Refurbishment) Homework House Homework House Orange Expansion Project Tutoring program for low income OUSD youth.) Interval House Interval House Crisis Shelters (Battered women' s shelter.)Mariposa Women' s Center Mariposa Family Program (Individual and family counseling. )Orange Children and Parents Together Glassell Project (Lease, insurance and utility costs for Head Start site.)Orange County Council on Aging Long Term Care Ombudsman Service ( Advocate for residents of nursing homes.)Second Harvest Food Bank (Formerly the Food Distribution Center.)Bin Purchase for Salvage Operation r March 24, 1998 7,200 4,000 10,000 4,000 25,000 3,000 9,000 5,000 12, 500 0-6, 000 0-10, 000 0-4, 000 0-8,960 3,000 15,000 4,000 12,000 3,500 36, 000 0-6,000 4,000 13, 000 0- PAGE CITY COUNCIL MINUTES 13. PUBLIC HEARINGS (Continued) STOP- GAP Theatre Based Programs for Seniors ( Theatre-based therapy program.)Turning Point for Families Outreach Coordinator (Counseling for at- risk OUSD youth.) YMCA of Orange Portola Teen Program (After school recreation/ service/academic program.)YWCA of Central Orange County My Sister's Closet (Job preparation for homeless or low income persons re-entering the workforce.)Public Service Total NON- PROFIT AGENCIES TOTAL GRAND TOTAL MAYOR COONTZ OPENED THE PUBLIC HEARING.March 24, 1998 4,750 3, 000 5,000 3, 500 6,000 3,000 9,600 0-205,010 407,810 1,895, 780 43,500 86,530 1,565,150 Rich Pfeiffer, Esq., 1603 E. Palmyra, Friends Outside, commented this program was again not recommended for funding by the Committee and asked Council to reconsider.The following individuals thanked Council and the CDBG Committee for approving their funding request:Rosanna Bertheola, 16842 Von Karman, Suite 425, Irvine, CSP Drug Court Clinic Bernie Dennis, 2104 Villa Vista, Lestonnac Free Medical Clinic Cy Baumann, 19357 Sierra Bello, Irvine, Christmas in April Serving Orange County Suzanne Counts, 247 Rosalind Drive, Assistance League of Orange Faith Manners, 1578 No. Batavia, Casita de San Jose Dr. Grace Mucci, Clinical Director, Assessment and Treatment Service Center (ATSC)Ray Wyman, 384 Grand Street, Homework House Barbara DeNiro, ( address on file), asked where in the report Friends Outside is listed?Addresses for the organizations would be helpful. How often can each group receive funding?Is there a monetary limit? The Freedom Thrift Shop on Tustin is a wonderful prison ministry.Mayor Coontz responded Friends Outside is listed under Council of Orange County, Society of St. Vincent de Paul. In some cases addresses cannot be listed.MAYOR COONTZ CLOSED THE PUBLIC HEARING.PAGE 18 r CITY COUNCIL MINUTES March 24, 1998 13. PUBLIC HEARINGS (Continued) The Director of Economic Development explained the program does not have enough money to meet all the funding requests that are received. Addresses for the non-profit organizations could be provided, if appropriate, by contacting the Economic Development Department. There is no set amount or limit on how many times an organization can apply for funding.Mayor Coontz commented many of the non-profit organizations affect the children in the community. The attempt is to cover all segments ofthe society with funding.MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Approved the funding recommendations of the CDBG Program Committee for the City of Orange 1998-99 CDBG Program detailed on Attachment 1.MOTION - Mayor Coontz SECOND -Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Authorized staff to request and receive $1,401,000 in 1998-99 CDBG funding from the United States Department of Housing and Urban Development (RUD), and reallocated carryover from prior years in the amount of$164,150 for a total Fiscal Year 1998-99 budget of$I,565, 150.MOTION - Mayor Coontz SECOND -Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Authorized the City Manager to execute the Grant Agreement on behalf of the City.MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Authorized staff to request and receive $442,000 in 1998-99 HOME Investment Partnerships Act HOME) funding from the United States Department of Housing and Urban Development RUD) for Fiscal Year 1998-99. (C2500.G.1.9) MOTION -Murphy SECOND -Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Authorized the City Manager to execute the Grant Agreement on behalf of the City.14. PLANNING AND ENVIRONMENT - None PAGE 19 r CITY COUNCIL MINUTES March 24, 1998 15. ORAL PRESENTATIONS Gary Meserve, (no address given), spoke regarding First Amendment rights. Barbara DeNiro, (address on file), indicated she was requested to address a derogatory remark that was aired on the cable channel after the Council had recessed. Carole Walters, (address on file) commented the public should not feel intimidated or be personally attacked by any City employee. Letters should be sent out to employees regarding this. Lupe Hurtado, who spoke at a past Council meeting, was recently pulled over by Orange police officers. Mayor Coontz responded a Citizen's Complaint Form can be obtained at the Orange Police Department which provides an opportunity for public complaints to be heard. The formal complaint must be written out and given to the City Manager or Acting Police Chief. The City Manager commented the Police Department is required to investigate complaints under the law. The City staffwill also investigate filed written, legitimate complaints and follow through on them. He reassured the public that retaliatory conduct is not acceptable by any City employee. The Acting Police Chief clarified that he met with Lupe Hurtado and explained the circumstances of the incident which Ms. Walters addressed. Mr. Hurtado was identified and released after an approximate 15 second detention. No guns were pulled. Geneva Fulton, (address on file), expressed concern with the weeds and trucks parked on the southwest corner of Culver and Main. The trucks are also damaging the streets. 16. ADJOURNMENT MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez The City Council adjourned at 9:30 p.m. to Tuesday, April 7, 1998 at 5:00 p.m. in the Weimer Room for a Joint Study Session with the Planning Commission to consider the Seven Year Capital Improvement Program.14#~dffcdL. iA-Z CASSANDRAATHCART, CMC CITY CLERK ANNE COONTZ MAYOR I L PAGE 20