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06-24-1997 Council MinutesAPPROVED BY THE CITY COUNCIL ON JULY 8, 1997. CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING June 24, 1997 The City Council of the City of Orange, California convened on June 24, 1997 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 Alvarez 1.2 ROLL CALL PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - None 1.3 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS Resolution No. 8770 was presented to Sergeant Juan A. Marrujo of the Orange Police Department commending him for more than twenty-eight years of loyal and dedicated service. ( C2500.J.4.18)The following employees were recognized by the City Manager for their years of service with the City: Robert Lobato, Keith Marshall and Chief John Robertson.1. 4 PROCLAMATIONS A proclamation was presented to Gary Wann, Director of Community & Library Services and Rosanne Miller, Library Services Coordinator commending Partners in Reading and the Orange Public Library Adult Literacy Program.2. CONSENT CALENDAR 2. 1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of June 24, 1997 at Orange Civic Center, Main Library,Police facility at 1107 North Batavia and 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. 2Request Council confirmation of warrant registers dated June 10 and 13, 1997.ACTION: Approved.PAGE 1 CITY COUNCIL MINUTES June 24, 1997 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEP ARATEL Y) 2.3 Request approval of City Council Minutes, Regular Meeting, June 10, 1997. The City Clerk requested clarification of Council's intent on Urgent Item No. 2.24 of the June 10tl1 minutes. MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Coontz, Spurgeon, Alvarez Moved to add the urgent request to the Consent Calendar and approve the recommendation from the Chief of Police to retain a consultant to assist with the investigation of the trash haulers and appropriate $36,000 from the unappropriated reserves of the General Fund to provide accounting services to the Police Department.Mayor Coontz requested clarification of a statement made by Mayor pro tem Slater on Page 9 of the June 10th minutes.The City Attorney commented what Mayor pro tem Slater read was accurate, i.e. that salaries ODS and ORRS officer's were receiving were 6%, 11 % and 13%. It might have been perceived that staff permitted excessive percentages to be included as officer's salaries. It is clear that only 5.5% was includedin the rate study. The rest of the officer's salaries were paid from revenues outside ofthe City. In no way were the rates of the residents in the City of Orange affected.Mayor pro tem Slater responded that the information quoted was from the records. If it was inferred that they were definitely paid that amount, the only correction was that he definitely did not feel that staffhad done anything in that regard in paying them more than 5.5%. It was noted that, in light ofthe fact that he doesn't feel that anything is known for sure, he did not want to retract his statements. It was noted that minor typographical changes be made to Page 21 and Page 25 of the minutes.MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to continue the minutes to the July 8, 1997 meeting.2.4 Consideration to waive reading infull of all ordinances on the Agenda.ACTION: Approved.PAGE 2 CITY COUNCIL MINUTES June 24, 1997 2. CONSENT CALENDAR (Continued) AGREEMENTS 2.5 Request Council approve agreement between the City of Orange and the Orange County Public Facilities and Resources Department for contract administration of the seismic retrofit of three bridges: Garden Grove Blvd. at the Santa Ana River (Bridge No. ORA 55C-0046), Orangewood Avenue at the Santa Ana River (Bridge No. ORA 55C-0050)and Ball Road at the Santa Ana River (Bridge No. ORA 55C-0159) as designated by the Federal Highway Administration and the State of California. ( A2100.0 AGR-2846)FISCAL IMP ACT: The County will prepare the final plans, specifications and cost estimates, for which Federal-State funding and City funding are available as follows:5,000 - 272- 5011-483300-3239 (Bridge Seismic Retrofit) Reimbursed 2,500 - 272-5011-483300-3239 (Bridge Seismic Retrofit) City Expense ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.6 Request Council approve Agreement No. 12-315 with the State of California Department of Transportation ( Caltrans) to receive reimbursement from the State for local street improvements needed to accommodate detour plans associated with the I-51N Freeway widening project. (A2100.0 AGR-2847)FISCAL IMPACT: The City will be reimbursed up to $131,700 for this project.ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City.2.7 Request Council approve the first amendment to the Metro Cities Fire Authority Joint Powers Agreement for Fire Communications and designate the City Manager as the voting member and the Senior Assistant to the City Manager as the alternate board member. (A2100.0 AGR-2603.1)FISCAL IMPACT: None.ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City. 2.8 Request Council approve the amendment to Financial Agreement D96-170 between City and County of Orange for Handy Park ConcessionlPicnic shelter improvements in the amount of$115,000. (A2lO0.0 AGR-2737.1) FISCAL IMP ACT: Funds are budgeted in Account 5lO-7021-481200-00 17, Handy Park Renovation, $ CITY COUNCIL MINUTES June 24, 1997 2. CONSENT CALENDAR (Continued) 2.9 Request Council approve the agreement between the City and Orange Elderly Services, Inc., to provide senior citizen services in the amount of$211,000. (A2lO0.0 AGR-0974. M)FISCAL IMPACT: Funds are budgeted for FY 1997/98 in Account 100-7041-426700 Contract Services), $211,000.ACTION: Authorized the Mayor and City Clerk to execute on behalfofthe City.2.10 Request Council approve an agreement with Arthur Andersen for additional auditing services in connection with the Police investigation of Orange Resource Recovery Systems and Orange Disposal Services. (A2lO0. 0 AGR-2775.A)FISCAL IMP ACT: Funds are budgeted and available in 220- 5022- 426700 (Sanitation Fund).ACTION: Approved.APPROPRIATIONS 2.11 Request Council appropriate $1,500 from the Asset Forfeiture Fund to provide specialized training for the Police Forensic Specialist. (C2500. K) FISCAL IMPACT: None.ACTION: Approved.BIDS 2.12 Request Council approve plans and specifications and authorize advertising for bids for D-126, Community Development Block Grant storm drain improvements on Glassell from Palm to Sycamore Ave. and Palm from Glassell to Center St.; SP 3205, street improvement at intersection of Maple and Orange St. Estimated cost is $403,000.C2500.M.17)FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and available in the following accounts: 64,952 - 310-6056-483400-1819 (CDBG Storm Drain)30,000 - 3lO-6057-483400- 1819 (CDBG Storm Drain)106,990 - 3lO- 6058-483400-1819 (CDBG Storm Drain)lO9,417 - 3lO-6059-483400-1819 ( CDBG StormDrain) 311,359 CITY COUNCIL MINUTES June 24, 1997 2. CONSENT CALENDAR (Continued) ACTION: Approved plans and specifications and authorized advertising for bids for D- 126 and SP 3205. 2.13 Request Council approve plans and specifications and authorize advertising for bids for Sewer Improvements on Flower Street from Chapman Avenue to La Veta Avenue and Chapman Avenue from Flower Street to Eckhoff Street (S-190). Estimated cost for this project is $530,000. (C2500.M. 3)FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program Account:506,915 - 520-5011-483200-5544 ( Sewer Deficiency Upgrade)ACTION: Approved plans and specifications and authorized advertising for bids for the Sewer Improvements (S-190).2.14 Request Council authorize advertising for bids for future demolition and right-of-way clearance in connection with the La Veta/ Glassell critical intersection project at 205 through 235 W. La Veta Avenue, 495 S. Olive Street and immediate demolition at 127 E.La Veta Avenue, subject to the Historic District Guidelines. Estimated cost for this project is $165,000. (C2500.M.16)FISCAL IMP ACT: Funds for this project are budgeted and available in the following accounts:809,040 - 271-5011-483399-3017 (City Gas Tax Fund) 185,724 - 271-5011-483300-3017 (City Gas Tax Fund)NOTE: Mayor pro tem Slater abstained on this item due to a property interest.ACTION: Approved.2.15 Request Council authorize purchase of eight exhaust filtration systems for four rescue unitsand four fire engines in the amount of $71,845.32, and waive the bid process as Ward Diesel Systems, Inc. is a single vendor/provider for the exhaust filtration system.C2500.H) FISCAL IMPACT: Funds are budgeted in Capital Outlay Accounts 720- 5023-471301-2507Diesel Exhaust Filters ($ 31, 905.00) and 125-3015-471301-0000 Furniture &Machinery ($39,940.32).ACTION: Approved.CONTRACTS 2.16 Request Council award a contract to Marden Susco in the amount of $42, CITY COUNCIL MINUTES June 24, 1997 2. CONSENT CALENDAR (Continued) FISCAL IMP ACT: Sufficient funds have been allocated in the following accounts: 40,061.77 - 601-8041-484lO1-8320 (pipeline Improvements at 1-5Fwy.)2,164.38 - 600-8011-424101 (Repairs to Building And Equipment).ACTION: Authorized Mayor and City Clerk to execute on behalf ofthe City.2.17 Request Council award a contract in the amount of $49,385 to Joseph C. Truxaw and Associates, Inc. for street improvement plans for The City Drive from Medical Center Drive to Dawn Way and Manchester Avenue from Chapman Avenue to The City Boulevard. (A2lO0.0 AGR-2849)FISCAL IMP ACT: Funds in the amount of $840,796 are budgeted in the CIP and available in the following account: 284-5011-483300-3235 (Measure M).ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.18 Request Council award a contract to Paradigm Imaging Group in an amount not to exceed 46,000 for the scanning of design drawings to digital format. (A2lO0.0 AGR-2850)FISCAL IMP ACT: Funds in the amount of $ 46,000 have been appropriated in Account No. 100-5032-422301.ACTION: Authorized Mayor and City Clerk to execute on behalf ofthe City.REMOVED AND HEARD SEP ARATEL Y)2.19 Request Council award a contract with CRW Associates in the amount of $99,845.00 for purchase of an Automated Permit Management Software System for Building, Code Enforcement, Planning and Public Works Department. Bid No. 967-23. (A2100. 0 AGR- 2840)FISCAL IMPACT: Funds are available in Account No. 780-1601-470000-9640, DP Upgrade Project.NOTE: Councilman Murphy abstained from voting due to a potential conflict with his employment and excused himself from the dais.The Assistant to the City Manager reported Business Records Corporation ( BRC) has requested three specific items (included in the motion) be met to staffs satisfaction, prior to execution of the contract. MOTION - Slater CITY COUNCIL MINUTES June 24, 1997 2. CONSENT CALENDAR (Continued) Moved to 1) approve the contract with CRW Associates with a recommendation that the following issues be resolved to staffs satisfaction: a) return of hardware; b) performance on the City's network; and c) the procedure for disputed invoices, prior to execution of the agreement; and 2) authorize the Mayor and City Clerk to execute on behalf of the City. 2.20 Request Council award a contact with LaserFiche Document Imaging Software and related services for the Police Department in the amount of $49,913 to Compulink Management Center, Inc. (A2lO0.0 AGR- 2851)FISCAL IMPACT: Funds are available in the Police Department's FY 96- 97, Account No. 780-4011-475100-2231 (Information Systems Fund, Police Administration, Other Capital Outlay, Computer Upgrade Project).NOTE: Councilman Murphy abstained from this item due to a potential conflict with his employment.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.GRANT 2.21 Request Council receive InFoPeople Grant from the California State Library (Federal Library Services and Construction Act funds) in the amount of$ 5,000 to purchase twopublic access Internet workstations. (C2500.I)FISCAL IMPACT: None. This grant award will augment the library' s Internetservices.ACTION: Approved.RESOLUTIONS 2.22 RESOLUTION NO. 8795 A Resolution of the City Council of the City of Orange expressing appreciation to Jackie Wayne Brotherton of the Orange Public Works Department and commending him for more than 28 years ofloyal and dedicated service. (C2500. CITY COUNCIL MINUTES June 24, 1997 2. CONSENT CALENDAR (Continued) SPECIAL EVENTS REMOVED AND HEARD SEP ARATEL Y) 2.23 Request from Mr. Norm Phillips to consume alcoholic beverages by one or more individual(s) while on his front yard, front porch and driveway. Mr. Phillips is requesting an extension of the normal seven-day special event period, until December 31, 2000.FISCAL IMPACT: The applicant has paid the required $37.50 application fee for a special event permit.Mayor Coontz reported Mr. Phillips requested his item be postponed for approximately two months.Mayor pro tem Slater commented that he spoke with Mr. Phillips and he agreed to postpone the matter if it was looked into. Mayor pro tem Slater and Councilman Spurgeon will meet with Mr. Phillips to discuss the issue.MOTION - Spurgeon SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to postpone the item for approximately two months.2.24 Request from Pacific Bantam! Austin Car Club to reserve parking on the northeast quadrant of the Plaza on July 26, 1997 to display approximately 20 antique cars in the plaza. (P . 1300.0.9)FISCAL IMP ACT: None. A check for $100 has been posted as a bond.ACTION: Approved. 2.25 Request Council waive the No Parking Anytime restrictions on the south side of Struck Avenue adjacent to Orangeland RV Park located at 1600 W. Struck Avenue for a 24 hour period on June 30, 1997. (S4000.S.3.1.1)FISCAL IMPACT: Funding for this type of work is provided in the Department's normal operating budget Account No. 100-5032-42700 Contractual Services. Discussion: Cindy Wimbish, 1600 W. Stuck Avenue, Orange, invited Council to Orangeland R.V Park's 25th Anniversary celebration on June 30th from 2-5 p. m.ACTION: Approved.PAGE CITY COUNCIL MINUTES June 24, 1997 2. CONSENT CALENDAR (Continued) 2.26 URGENT ITEM The Director of Public Works reported Council had previously approved a Transportation Permit for removal of demolition material for the WalMart project at the Mall of Orange, with a condition limiting the operation to the use of five trucks. After citations were written, it was discovered that the contractor was utilizing fifteen trucks in the process. As a result, it has been requested that the permit be amended to expand the number of trucks to be used in the operation for the removal of demolition debris and the import of fill material. The trucks can only enter and exit the site via Tustin Street. Citations were issued by the Police Department for trucks that did not have permits, were not in compliance with the permit, and for trucks that were exiting on to Heim Avenue and Canal Street. Mayor Coontz commented that conditional use permits are needed for grinding on- site and the Planning Commission will be looking at that issue soon.MOTION - Slater SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that there is a need for immediate action and the need to discuss the item arose after the posting of the agenda.Carole Walters, 534 N. Shaffer, Orange, asked ifmore trucks are being added; if the residents in the area were notified, indicating that the residents should be notified ofthis request.Request for an Addendum to Transportation Permit No. 10078, concerning the Wal-Mart project under construction at The Mall of Orange to increase the number of trucks from 5 to 15.MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved for a continuance to the July 8th meeting.PAGE 9 CITY COUNCIL MINUTES June 24, 1997 2. CONSENT CALENDAR (Continued) MOTION - Spurgeon SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Item Nos. 2. 3, 2.19, and 2.23 were removed and heard separately. Councilman Murphy abstained from voting on Item Nos. 2.19 and 2.20. Mayor pro tem Slater abstained on Item No. 2. 14. Item No. 2.26 was added as an Urgent Item.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR COONTZ - None 4. REPORTS FROM COUNCILMEMBERS - None 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE REPORTS 6.1 Status report from the Director of Public Works on traffic conditions on Shaffer Street between Taft Ave. and Meats Ave. (S4000.S.3)The Director of Public Workspresented a brief overview of the traffic conditions since Council's last discussion five months ago. The traffic volumes are about the same, approximately 1800 to 2000 vehicles per day, with about lOOO vehicles in the morning period. It is staffs opinion that these are not excessive volumes for this roadway and it is recommended that no further action be taken. Speed, accident rates, and traffic volumes will continue to be monitored. A proposed Neighborhood Traffic Management Program will come before Council the first meeting in September for review and approval. Enterprise Rental Cars could be asked to cooperate by using Orange-Olive Road and Meats, rather than Shaffer, when moving cars from their lot on Tustin Street.Bill Feliciano, 2009 N. Shaffer Street, commented that changing the traffic pattern on Meats on to Orange-Olive Road did not increase or decrease the number of vehicles on Shaffer; indicated that 2000 vehicles per day is a lot of traffic; Shaffer is being used as a cut-off route for Cambridge and Orange- Olive Road; expressed appreciation to the Police Department for their efforts; and requested Council consider doing something residents have suggested in the past to resolve the dangerous situation.Carmen Saldana, 1903 N. Shaffer, commented that she does not feel that there is a major problem on Shaffer Street.PAGE 10 CITY COUNCIL MINUTES June 24, 1997 6. ADMINISTRATIVE REPORTS (Continued) MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive the report with the comments noted.6.2 Appeal by Mr. Joseph Gabrill of the City Traffic Commission's recommendation to install parking restrictions adjacent to the driveway that services the apartments at 271/283 S. Oak St. It was noted the appellant was not present.MOTION - Spurgeon SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to continue to July 8th meeting.6.3 Request Council a) designate the Orange Housing Development Corporation OHDC) as a Community Housing Development Organization (CHDO); b) approve in concept a loan of federal HOME funding to the CHDOIOHDC in an amount not to exceed 124,200 for the acquisition and rehabilitation of a triplex in the City; and c) authorize staff to negotiate the terms of the loan and draft a HOME Assistance Agreement between the City and OHDC. (C2500.G. 1)FISCAL IMPACT: HOME funding is available for this purpose in the 317 (HOME Program)Fund. Authorization to appropriate the funding will be requested at the time the HOME Assistance Agreement is presented for consideration. The Director of Economic Development explained the rules and regulations associated with the use of HOME funds which the City receives from the Department of Housing and Urban Development (HUD) each year. The Orange Housing Development Corporation meets the formula that HUD sets out for a Community Housing Development Organization (CHDO),which is to make the organization accountable to low income community groups. The funds can also be used for neighborhood beautification. There is not a specific address in mind for the triplex, however, the area behind Highland is being looked at for acquisition and rehabilitation of a triplex, in order to expand the work that the City has started so successfully.MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez PAGE 11 CITY COUNCIL MINUTES June 24, 1997 6. ADMINISTRATIVE REPORTS (Continued) Moved to a) designate the Orange Housing Development Corporation (OHDC) as a Community Housing Development Organization (CHDO); b) approve in concept a loan of federal HOME funding to the CHDO/OHDC in an amount not to exceed $124,200 for the acquisition and rehabilitation of a triplex in the City; and c) authorize staff to negotiate the terms of the loan and draft a HOME Assistance Agreement between the City and OHDC. 6.4 Treasurer's Report for the period ending May 31, 1997. (C2500.F) The Finance Director reported the Cash and Invested Balance was $116 million, which was $1.2 million less than the prior month, due to May being a three payroll month. The investment activity was minimal; money was withdrawn and deposited into LAIF, which had a balance of 12.3 million. The Portfolio Yield to Maturity was 5.54%. Market values decreased slightly to 99.35% of book. The Weighted-Average Maturity was 1.23 years.Mayor Coontz requested that Council review the text for the advertisement of the Investment Advisory Committee, prior to it being sent to the newspaper for publication.MOTION - Slater SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file.7. REPORTS FROM CITY MANAGER 7.1 Update on new contract discussions with Business Records Corporation and a proposed two month extension of the City's current contract with BRC (continued from June 10, 1997). (A2100.0 AGR-0978.B.10)FISCAL IMP ACT: Funds in the amount of $71 ,264.42per month are budgeted in FY 1997/98 Account No. 780-1601-426700-0000 (Other Professional and Consulting Services).NOTE: Councilman Murphy abstained from voting due to a potential conflict with his employment and excused himself from the dais.The Assistant to the City Manager reported the existing contract needs to be extended as more time is needed to define the performance measures.MOTION - Spurgeon SECOND - Alvarez AYES - Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - Murphy Moved to approve the two month extension.PAGE 12 CITY COUNCIL MINUTES June 24, 1997 7. REPORTS FROM CITY MANAGER (Continued) 7.2 Update on the Orange Disposal Service/Orange Resource Recovery Systems. A2100.0 AGR- 2188)The City Manager updated the Council and the public on the City's actions relating to the Orange Resource Recovery Systems (ORRS) investigation. The investigation is ongoing and the City will have no comments on the investigation until after it is completed. As of last week,personnel who formerly dealt with ODS and ORRS have been rotated to other assignments that do not bring them into direct contact with ODS and ORRS. It was noted that this is not a negative or punitive action against these employees, but a management tool that allows them to have a different set of eyes and ears to address the day-to-day contract issues during this period.It will be recommended that the City bring in a qualified independent consulting firm with expertise in the areas of trash, landfill, and recycling operations to reevaluate the City's entire trash and disposal operations. Additionally, a recommendation will be made that the City move forward in the area of expanded internal auditing as it applies to other City funds, internal operations, and selected contracts and their operations. It was noted that trash service continues to be provided in an efficient manner, and that both ORRS and ODS have been cooperative to date.Mayor pro tem Slater commented for the record: "I feel that in support of what the Manager just said, we need to do everything we can to support the criminal investigation without interfering with it in any way. But there is a criminal side to this and there is also a civil side, and we've been walking on eggshells with this criminal investigation. But I feel that we're delinquent if we don't look at this from a civil perspective, at least, at this time. 1 have some questions that I would like to have answered. I brought this up the last time, but the first one is, I want to be assured by staff that we have full control over all our accounts that this company has in their name which are City funds. Secondly, what is happening to the money that is coming in now,and who is collecting it, on the day-to-day operations?"The City Manager indicated at this time the City does have control over the accounts.Approximately two weeks ago, the Finance Director and the Mayor became signatories on the gate fee accounts. If any other monies/accounts come to the City's attention, the City would try to take custody and/or protect that money and report back to Council. Residential customer monies are forwarded to the City through the utility bill. The money that needs to go to the payment of the Materials Recovery Facility (MRF) loan is wire transferred to Wells Fargo Bank,which holds the loan for the recycling facility. The gate fees are set by contractual amount and are paid to ODS on a monthly basis.The Finance Director clarified that money is transferred into the Wells Fargo Bank account on a monthly basis and approximately $80,000 is taken to pay for the debt service. The City collects only for the residential portion of the collection efforts, which is approximately 43% ofthe total operation. The company bills and collects for the commercial portion ofthe operation, i.e. drop-off bins. The City does not handle all the funds here. Any of the sales of CITY COUNCIL MINUTES June 24, 1997 7. REPORTS FROM CITY MANAGER (Continued) dump, or the buy-back, would be handled at ORRS. The contract that the City has with ORRS does not provide for the City to intercede in any of those financial transactions.The City Attorney commented the Hambarian's were more than willing to have co- signatures on that account and, as far as he knows, that is the only account he would classify as City funds.Mayor pro tem Slater: "I understand about the gate fee account, but day- to-day operations, the officer's salaries, profits. Has anything changed in that area or is there anything that can change at this point?"The City Manager explained the City is asking and working with the company and staff to make sure the City has full compliance with the existing contract. Those messages are being carried to the company through the City Attorney.Mayor pro tem Slater: "In the process of all of this coming forward, has there been any discussion of setting up escrow accounts in case there are deficiencies that are found down the road, by any chance. Basically, I just want to be sure that, after all the dust has settled and the time does come to collect any potential losses, that the money is, in fact, there."The City Attorney indicated there have been some discussions, but no agreements have been reached.Mayor pro tem Slater: "Just to proceed a little bit further, I want to look at the contracts also from a City perspective, and, City Attorney, I know that there is probably some more investigation that you will want to do on this, but, at this point here today and now, are there any places that you have definitely seen that these contracts have been breached? There is an issue that I have, at least, that seems quite obvious, but I'm not sure I have the whole story on that.Even in the information that we gave to the consultant that we're considering hiring, we are saying that only about 14% of the garbage is being diverted at this point. And I know that, I believe, the contract says it should be 25%. Is that something that is a breach of the contract?"The City Attorney responded there will be a number of issues with respect to the contracts that will be addressed. A lot of the things that the City would anticipate ORRS or ODS to do temporarily, at least, would be to rectify those breaches, which they are willing to do at this point. State law mandates that 25% of the waste stream be diverted from landfills. The contract speaks of25% diversion through the materials recovery facility. To the extent that they meet that 25% diversion through the materials recovery facility determines how the recycling revenues are shared.Mayor pro tem Slater: "So, what you are telling me right now is that you cannot cite any specific examples of where this contract has been breached from a CITY COUNCIL MINUTES June 24, 1997 7. REPORTS FROM CITY MANAGER (Continued) The City Attorney replied that the recycling aspect is one ofthe areas that would be looked at, whether or not the current diversion meets the contractual requirements. A lot of issues are potential issues that need to be discussed with ORRS and ODS. A list of contract issues that need to be discussed will be provided next week. Mayor pro tem Slater: "At that time, can you also tell us what is the path, if we do find that the contract has obviously been breached at this point? What is the path we would take to continue on?" The City Attorney explained the process that would be involved if the City believes there is a breach of the contract, indicating Council would make the fmal determination of whether or not the contract has been materially breached. Mayor Coontz reported a chronology of documentation is being gathered to address the above issues and will be available for the public. Councilman Murphy suggested the City Attorney conduct interviews for legal assistance in terms of contractual law as it pertains to waste hauling and recycling type situations. The importance of time was stressed and suggested this process be done in a parallel mode with the management audit. The City Manager indicated as the chronology is being put together those items that are public documents will be released, and the City Attorney has the key to release that information, the chronology and any other correspondence will be reviewed by the Police Department and the District Attorney for their acknowledgment and concurrence in order that the criminal side of the investigation is not compromised. Councilman Alvarez presented the following questions, concerns and comments: 1. It had been reported in the papers that a gap of 20 months or so in terms of who participated in 1995 with Steve Nakada in terms of "the red flags." Are we getting an answer as to what happened during that time period? 2. Is the fraud audit complete at this time and are you satisfied with the scope in which Arthur Anderson conducted the fraud audit? 3. It has been reported that the notice which Steve Nakada had reportedly given to the City, do those, in fact, exist? 4. In terms ofthe internal audit that is being conducted of the City internal controls, has the scope of the whole investigation included the construction period of the recycling center and its operation? 5. Are you satisfied with having the two people at ORRS or ODS? My concern is protecting the public's welfare and interest and that the City may be leaving itself open to where assets could be removed by normal employees coming in and off the property. PAGE 15 CITY COUNCIL MINUTES June 24, 1997 7. REPORTS FROM CITY MANAGER (Continued) 6. When the Police Department went in to seize records, were all the records available to the agencies that are conducting this investigation? Are they satisfied with that? The City Attorney reiterated that Council will be provided a chronology ofthe events which occurred so they have an understanding of the communications that were going back and forth. In reference to the notice Steve Nakada reportedly gave to the City, it was indicated a lot of the documents have become part of the criminal investigation, and that he preferred a comment not be made. The City Manager noted that public documents will be released and the City Attorney has the key to release that information. It will respectfully be requested that the Police Department and the District Attorney review the chronology and any other correspondence the City has for their acknowledgment and concurrence, so that the City does not compromise the criminal side of the investigation. The scope of work outlined for Arthur Andersen was to review the work of the other auditors and to render an opinion on the extent of that work. A report has been provided. Through the Police Department's investigation, subsequent investigations, and evaluations by the City's contractor, there may be additional things and items of operations and/or from the financial side, that the City wishes to examine further. The City will reserve the ability to do that with other audits. If the construction period of the recycling center and its operation is not part of the criminal investigation, it will be part of the City's overall investigation. The assets of the company is the responsibility of the company. It was indicated that he is satisfied with the scope of work and the attention the Public Works Department has put on this area in the past and what the current employees are doing. ODS and ORRS are cooperating, on a daily basis, to provide any and all the information that is needed. The Police Department is at the moment satisfied with the cooperation they are gaining through their criminal investigation. Nick Lall, 6231 Mabury Avenue, Orange, asked who is paying for the city staff to monitor the ORRS/ODS operation; if additional staff is needed as a result of the alleged criminal and civil actions and are they paid for with taxpayer's money; commented on the importance ofthe control of the accounts; asked if ODS potentially misused an account that was City money; indicated he hopes the City looks at rescinding the contract and goes out to bid for trash and recycling services; and asked who notified the City staff? The City Manager responded the Public Works staff are paid out ofthe sanitation fund. The City Attorney indicated that because most of Mr. Lall's questions relate to the criminal investigation, he could only respond to his question regarding who is paying for staffing and the monitoring of the ODS and ORRS operations. Historically, staff has been there and the staffing is just different at this time. Carole Walters, 534 N. Shaffer, Orange, asked why the City Council did not go out for bid and expressed support of an oversight committee. PAGE 16 CITY COUNCIL MINUTES June 24, 1997 7. REPORTS FROM CITY MANAGER (Continued) MOTION - Murphy SECOND - Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file the oral report.7.3 Report on the formation of a formal Audit Committee and recommendation as to its member, composition and its function, including a request regarding direction on the creation of an independent internal audit function. (C2500.E)The City Manager reported the proposed Audit Committee would assist the City Council and the staff in safeguarding City assets by reviewing financial information, the adequacy of accounting and internal control systems, and related safeguards in overseeing the audit function. It is proposed that the Committee be formed with five voting members consisting of two members of the City Council, the City Manager, the proposed internal audit manager (forthcoming in Item 7.4), and acitizen representative who is a CPA residing in the City. It is proposed that the members would serve without compensation; the City Council and the City representatives would serve two year terms; and the Committee would meet on an as-needed basis, but in any event, no less than twice annually reporting to the full City Council at least annually. The Committee would be required to hold public meetings in accordance with the Brown Act and the City Conflict of Interest Code and the State Conflict of Interest laws. If approved by the City Council, staff would be ready to assist the Council in establishing the Committee and getting the Committee to work in short order.The establishment of an independent internal audit function is proposed whereby a new position or positions would perform independent audits and report directly to the City Manager. If the concept of an internal audit function is approved by the City Council, a report will be brought back to the City Council no later than July 22, 1997, with proposed internal audit function duties,responsibilities, and the related costs.The Audit Committee is a recognized body by the American Institute of Certified Public Accountants (AICP A) and recognized by the private as well as the governmental sector. The audit will address the transient occupancy tax, redevelopment contracts, and other performance and compliance based contracts. The adequacy of the internal control structure of the City would be monitored in regards to cash disbursements, cash receipts, and treasury transactions. The Committee would be looking for control weaknesses and legal compliance violations identified by the course of any financial statements that are audited. Monies will be requested for contracting out for auditing services with another agency or for auditing service with another agency with expertise.Councilman Alvarez expressed concern regarding the taking of minutes during Executive Sessions. The Council was not allowed to keep their notes regarding the recent Executive Session concerning Orange Disposal Service. It was suggested that in Executive Sessions,Councilmembers be able to keep their notes.PAGE 17 CITY COUNCIL MINUTES June 24, 1997 7. REPORTS FROM CITY MANAGER (Continued) The City Attorney stated that there is no legal requirement to keep minutes of Executive Sessions, and he knows of very few cities that do. Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, supported the separate auditing function and the auditor reporting only to the City Manager, who in turn reports to the City Council; and urged the Council not to take written minutes of Closed Session meetings. Z. Harry Astor, 333 City Parkway W., Orange, Attorney representing ODS and ORRS, expressed support of the City's administration and the hiring ofa consultant in connection with the audit function. The existing contract requires an auditor who is a CPA to review the financial documents and present them to the City; the existing system produced the identification of the problems that have been addressed. Mr. Steve Nakada, auditor for ODS and ORRS, advised management 1 Y2 years ago that there were problems, i.e. inadequate records, possible shortages, etc. At the very moment management of both corporations became aware that there was a problem, management gave authority to Mr. Nakada to conduct a full-scale investigation. The contractors started the investigation, not the City of Orange.For 42 years the Hambarian's have stood behind their contract with the City. When the information was developed by the auditor, the Hambarian's first priority was to be sure that the City of Orange, or its citizens, would not loose any monies by reason of this operation. The first order of business was to replenish when management found out that there were funds that should come into the corporations and did not. The funds were replenished as the information became available, which was done periodically over three different fiscal year periods. To the best knowledge of the Hambarian family, excluding the individuals whose name is in the press as being a problem, the other members have continued to acted responsibly. The Hambarians are honorable people who are meeting the terms of both contracts to the best oftheir ability, and they run a good operation at the lowest rates in the City of Orange.The Hambarian family never had any information concerning Jeff Hambarian or the conversion of funds as the press has reported. The information was seen in the press for the first time. The proper place for the ORRS and ODS corporations to address these problems has been, and continues to be, through staff. It is the policy ofthe Hambarian family, and Mr. Astor' s understanding, that the City will be reimbursed fully for any losses. A particular amount has not been identified. There are no funds missing from the gate fee account or an account that some of those funds were transferred into at Wells Fargo Bank. It is believed that whoever looked at the financial statements misunderstood and misinterpreted something which led to the allegations that there may have been some misappropriation. To the best knowledge of ODS and ORRS, the City has not lost one cent.PAGE CITY COUNCIL MINUTES June 24, 1997 7. REPORTS FROM CITY MANAGER (Continued) THE FOLLOWING RESPONSES WERE PROVIDED BY MR. ASTOR TO QUESTIONS RAISED BY COUNCILMEMBERS: It was indicated, to the best of his recollection, in representing people in the waste management industry since 1949, and in dealing with different cities and contracts, he could not recall a contract that he is familiar with, that has the specifics of the contracts that ORRS and ODS has with the City of Orange, i.e. cost plus provisions, separate gate fee account. JeffHambarian is no longer on the Board of Director's for ORRS or ODS. It is his understanding that whatever funds the corporation is due from salvaged sales, so forth, that not only belong to the corporation, but has to be taken into consideration in defining the City's cost plus contract, and the split of proceeds from recycling revenues and how those are applied. While the contract does not say that any funds missing would be replenished, the spirit of the contract is very clear. If Orange Disposal finds out that there were checks cashed made out to ORRS or Recycle Orange, and those funds did not reach the contractor, and the contractor submitted financial statements, it is felt the contractor should replenish those funds and then investigate to see who and when and why. Nick Lall, 6231 Mabury Avenue, Orange, expressed dissatisfaction with being held strictly to the three minutes time limit under Item No. 7.2; expressed support ofa seven member Audit Committee; recommended the Councilmembers serving on the Committee be non- voting members, and that the Audit Committee report directly to the Council at least once a year.MOTION - Mayor Coontz SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to: Approve the formation of an Audit Committee as outlined in the City Manager's Report.Duties of the committee include: 1) Selecting the independent financial auditor for the City's financial statement audit; 2) Monitoring the progress of the financial statement audit; 3) Evaluating the results of the financial statement audit; 4) Ensuring that control weaknesses and legal compliance violations identified in the course of the financial statement audit are promptly and effectively remedied; 5) Serving as a direct communications link between the Council and the independent auditor; 6) Monitoring the adequacy of the government's internal control structure on an ongoing basis, such as cash disbursements, cash receipting, treasury transactions, etc., as examined by the internal audit function and the independent financial auditor; 7) Maintaining minutes of committee proceedings and reporting to the council at least annually; and 8) Review results of contract compliance audits and financial statement reviews conducted by the City's internal audit function, such as trash contracts, redevelopment agreements and revenue audits. PAGE 19 CITY COUNCIL MINUTES June 24, 1997 7. REPORTS FROM CITY MANAGER (Continued) Direct the City Manager to prepare a report and recommendation for the creation of an internal audit function and position(s) (Internal Auditor(s) that will be independent of all departments and report directly to the City Manager. The Audit Committee will report directly to the City Council and the internal auditors will report to the City Manager. The Audit Committee will create a report to identify the source, use and policies of the reserve funds as they relate to the budget. The professional CP As on the Audit committee are to have no professional connection with any member of the Council, the Finance Director, the Internal Audit Manager or any other staff member. Orange residents who are CP As will be given preference, qualifications being equal. The goal shall be up to three CP As on the Committee. Council to review the text for the advertisement, as required under the Maddy Act, for CPA's to serve on the Audit Committee, before it is sent to the newspaper. MOTION - Mayor Coontz SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to appoint Mayor pro tem Slater and Councilman Mark Murphy to the Audit Committee as ex-officio ( non-voting) members.7. 4Report on the selection of an independent consultant to conduct a comprehensive solid waste and recycling analysis and provide recommendations for changes in the delivery of these services. (A2100.0 AGR-2852) FISCAL IMP ACT: Funds estimated at $100,000 for this analysis are budgeted in Sanitation Account 220- 5022-426700.Mayor pro tem Slater asked how much the cost will be for evaluating the proposed expansion plans for the (Materials Recovery Facility (MRF) and whether it should be looked at this point,considering the companies are only processing about 113rd of capacity from the City of Orange,and commented that it doesn't seem proper at this point to consider a study of or the expansion of the MRF facility.The City Manager responded the City has concerns regarding the diversion rate that the contractor has been able to achieve to this point. Part of the evaluation will be to see whether the lack of diversion meeting the benchmark is due to an operational issue or the design of the current recycling facility. The City will closely monitor whether or not the MRF should be expanded. Staff began addressing the issues of bringing a consultant on board last year as a part of meeting the Capital Improvement Program budget for future years and to determine what the City needs to achieve the best possible diversion ofrecyclables at the lowest expense. CITY COUNCIL MINUTES June 24, 1997 7. REPORTS FROM CITY MANAGER (Continued) In response to Councilman Alvarez, the City Attorney stated that he does not think this report has anything to do with the investigation as it is more of an operational look at the facilities. The issue is to look at why diversion is not being met, and if it is not being met, how to correct it. Councilman Spurgeon commented that when the facility was initially approved, he had requested that the City go out to other cities without recycling facilities to seek their business in helping to make the facility more profitable, indicating that this should be looked at as the City moves forward. Marilyn Silverstein, property owner of 243-265 Olive Street, Orange, addressed waste collection complaints and indicated that letters were sent to Councilmembers requesting that an Apartment Association representative and other concerned citizens have input on waste collection issues when a waste committee is formed.Mayor Coontz replied that Ms. Silverstein's letter was forwarded to the Public Works Department for a response. Ms. Silverstein was asked to leave her name, address and phone number, and meet with the Director of Public Works and/or his staff regarding her complaints immediately.Carole Walters, 534 N. Shaffer, asked why the City didn't go out for bid?The City Attorney responded the report that will be provided to Council will provide that information.MOTION - Slater SECOND - Murphy AYES - Murphy, Slater, Coontz, Spurgeon, Alvarez Moved to: Approve the selection of Hilton, Farnkopf & Hobson, LLC as primary, and Brown, Vence &Associates, Inc. as alternate, to conduct a comprehensive organizational, engineering, and financial analysis of solid waste and recycling operations.Direct the City Manager to negotiate a contract returning to Council with a recommended contract as soon as possible.Interviews be conducted for legal assistance in terms of contractual law as it pertains to waste hauling and recycling type situations.PAGE 21 CITY COUNCIL MINUTES June 24, 1997 8. LEGAL AFFAIRS 8.1 ORDINANCE NO. 3-97 (SECOND READING)An Ordinance of the City Council of the City of Orange amending Chapter 12.28 of the Orange Municipal Code regarding street tree plantings, removals and maintenance.A2500.0 Trees)Carole Walters, 534 N. Shaffer, asked why City residents only have ten days to correct a nuisance while others seem to have more than ten days; cited an incident with Chapman University which occurred in 1989; and requested the City address the issue of damage caused by tree roots.The Director of Public Works responded as problems arise, if there is no other way to deal with them, the tree is removed. The existing ordinance places a lot ofthe burden for the cost of repair directly on the property owner; the new ordinance removes that burden. A Street Tree Master Plan is proposed to be developed which would identify the species which are most suitable for use as parkway trees, provisions for selection of species on given streets, and trees that are considered undesirable. It is not proposed that a mass removal be done of undesirable trees. An audit identifying street trees in the City is available through the City's tree maintenance contractor. There are approximately 21,000 street trees and about 8,000 locations where trees are mlssmg.MOTION - Slater SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 3-97 be adopted and same was passed and adopted by the preceding vote. 8. 2 ORDINANCE NO. 15-97 (FIRST READING) An Ordinance of the City Council of the City of Orange relating to non-point source storm water discharges. (A2500.0 Water)MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 15-97 be set for second reading by the preceding vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS - None PAGE 22 CITY COUNCIL MINUTES June 24, 1997 11. RECESS The City Council recessed at 7:30 p.m. and reconvened at 7:40 p.m. Note: The Council met in Closed Session after the 7:00 p.m. Session. 7:00 P.M. SESSION 12.1 INVOCATION Assistant Pastor Josh Dulaney, Calvary Chapel East Hills 12.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilman Alvarez 12.3 ANNOUNCEMENTS - None 12. 4 INTRODUCTIONS - None 12.5 PROCLAMATIONS - None 12.6 PRESENTATIONS - None 13. PUBLIC HEARINGS 13. 1 NATURAL COMMUNITY CONSERVATION PROGRAM - CITY OF ORANGE:Time set for a public hearing on the Natural Community Conservation Program. The Natural Community Conservation Plan (NCCP) is an outgrowth of the Endangered Species Act and the result of collaborative efforts by the U.S. Fish & Wildlife Service (USFWS), California Department of Fish & Game (CDFG), County of Orange and a number of property owners and cities in the County, who have land containing Coastal Sage Scrub (CSS). The City of Orange is eligible to participate in the NCCP plan which creates a 37,000 acre "non-developable" Reserve in the County's central and coastal areas, some of which are located in Orange. If the City decides to become a participant, properties outside of the Reserve's boundaries would be granted assurances that they could be developed by utilizing the criteria established in the NCCP. The landowners will be required to meet all normal city development standards. EIR/EIS 553 has been certified by the Orange County Board of Supervisors for this project. (A2100.0 AGR-2853)The Planning Manager presented a brief overview of the Natural Community Conservation Plan NCCP) for the City of Orange, referring to a map which depicted the Reserve areas and where various habitats exist. The Irvine Company has signed on and negotiated, as part of the process,to protect the development areas within the East Orange General Plan. A large area of the East Orange General Plan, which the Irvine Company refers to as "North Ranch", has been placed in a special study area, which will be evaluated at some future time for its potential to be included in the Reserve, or a portion ofthe Reserve. The area is at a higher altitude and the quality of coastal sage scrub is not the same.PAGE 23 CITY COUNCIL MINUTES June 24, 1997 13. PUBLIC HEARINGS (Continued) The rural and the State residential categories and a couple of very environmentally sensitive areas were impacted, affecting less than 250 of the 12,350 residential units. No commercial or employment areas are impacted by the Plan. The Plan protects the Eastern Transportation Corridor. The last large remaining property to be developed that has coastal sage scrub is the Serrano Heights project. With the adoption of the Plan, the City's responsibility would be: 1) the record keeping responsibilities of monitoring the loss of coastal sage scrub; 2) insuring that the non- participating land owners provide evidence of mitigation and/or payment of the mitigation fee; and 3)reviewing project proposals to insure consistency with the NCCP. Benefits of the Plan would be:1 )the City would be covered if any of the other 39 species of animal or birds that live within the same habitat should be listed; 2) owners of property not in the Reserve with coastal sage scrub who want to develop would be able to take advantage of potentially using a mitigation fee; and 3) the road improvement projects that would remove coastal sage scrub that are in the Master Plan of Arterial Highways would also be covered.Tim Nealy, Administrator of Planning and Zoning for the County of Orange, explained that a mitigation fee has not been established. Currently, the range of fee estimates by the consultant are from about $47,000 to $53,000, which takes into consideration the cost of raw land that might be incorporated into the Reserve, along with the cost of restoration of the disturbed land to get it to have suitable habitat value. It is important to keep the fee as low as possible to encourage people to use this alternative. However, the fee has to be representative of some of the costs that have already gone into the development of the Plan and some of the costs of the relative land that is already in the Reserve, so that it is being established on a proportionate and equitable basis.The fee is not finalized and will come back before the Board of Directors of the non-profit corporation at the next quarterly meeting in September. The consultant report will be circulated in the next two or three weeks for the City to review.The Plan provides an opportunity for the City to avail itself of some funding, down the line, if the City becomes owner of some public lands. A provision of the Implementation Agreement gives "habitat level coverage" which says that certain types of habitat, i.e. coastal sage scrub,chaparral, and some of the other habitat areas, that if species that are depending upon those habitats are listed, and they require mitigation above and beyond what is already being offered by this Plan, the State and Federal governments will pick up the costs of the extra mitigation at no cost to any of the local participants. The 39 species are automatically covered by the agreement.MAYOR COONTZ OPENED THE PUBLIC HEARING.Frank Elfend, lOlO Newport Center Drive, Newport Beach, on behalf of California Quartet,owner/developers of the Serrano Heights Project, requested confirmation that all the terms and conditions that are provided for within their Development Agreement and the fuel modification issue, which was previously negotiated with the City, will not be affected in any way by the adoption of the Plan. With the City's confirmation, support was expressed for the City'sdadoption ofthe Plan. It was indicated that during the prior submittal and approval ofthe PAGE CITY COUNCIL MINUTES June 24, 1997 13. PUBLIC HEARINGS (Continued) Tentative Map, there was an agreement that was negotiated with the staff, and reviewed by the City Council, regarding fuel modification. The Planning Manager responded that staff does not believe that the adoption ofthe Plan will impact the Agreements that the City has with Serrano Heights or California Quartet on the development ofthe project. The fuel modification issue is an unrelated issue that the Fire Department and the property owners still need to resolve as the project moves forward with implementation. The adoption of this Plan does not help or hurt that process. Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, expressed support of the City accepting the Plan. THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. MOTION - Mayor Coontz SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that EIR/ EIS 553 has been certified by the Orange County Board of Supervisors.MOTION - Mayor Coontz SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that the City become a participant in the Orange County Central and Coastal Subregion Natural Community Conservation Plan!Habitat Conservation Plan Program by authorizing the Mayor to sign the NCCP/HCP Implementation Agreement.14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS David A. Lawrence, 507 S. Wrightwood Street, Orange, made the following complaints about his next door neighbors: 1) lewd conduct, unlawful drinking in front of his neighbors property,verbal abuse, verbal threats to make him move, loud parties; 2) constant dog barking nuisance and dog running freely in the front street, and 3) the parking of six to seven cars and two motorcycles deliberately placed in front of his residence. His purpose at the meeting was to inform the Council of the wrongs, show the Council there is an actual person being hurt, and let the Council know, in person, that he has tried everything short of civil legal action to abate the problems. A written statement will be prepared this week to request that the curbs in front of his home be painted red as a "no parking" zone. It was requested that the City Council have the City Engineer come out and look at the situation and the pictures when they are developed, and place a temporary no parking zone until it can be abated in August.PAGE 25 CITY COUNCIL MINUTES June 24, 1997 15. ORAL PRESENTATIONS (Continued) Mayor Coontz requested that Mr. Lawrence provide his written statement to the City Manager and that the City Manager could take whatever action(s) that he thinks would be helpful. URGENT ITEM The City Attorney recommended the City Council meet in Closed Session as a result of several newspaper reports concerning Orange Resource Recovery Systems (ORRS), indicating the reports and comments made in the report create potential litigation issues for the City. MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Coontz, Spurgeon, Alvarez Moved that the need for a Closed Session arose after the posting of the agenda and that there is a need for immediate action.THE CITY COUNCIL RECESSED AT 8:25 P.M. TO A CLOSED SESSION AND RECONVENED FROM CLOSED SESSION AT 9:00 P.M. NO ANNOUNCEMENTS WERE MADE.16. ADJOURNMENT MOTION - Mayor Coontz SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez The City Council adjourned at 9: 00 p.m.U-CASSANDRAJ CITY CLERK PAGE 26