Loading...
07-22-1997 Council MinutesApPROVED BY THE CITY COUNCIL ON AUGUST 12, 1997 CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA July 22, 1997 The City Council ofthe City of Orange, California convened on July 22, 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 Mayor pro tem Slater 1.2 ROLL CALL PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - None 1.3 PRESENTATIONSI ANNOUNCEMENTS/ INTRODUCTIONS Bobbie Druilhet, Sister City coordinator, introduced Estudiantina de la Universidad Autonome de Queretaro, from Queretaro, Mexico, who entertained the Council with a musical performance. Mayor Coontz announced the City received good news today on its long-standing legal battle against Refco Securities. The City will recover approximately $5.7 million in investment losses, plus interest losses, caused by the fraudulent activities of Steven Wymer, a former outside investment advisor for the City. Refco Securities must pay the City of Orange $4,253,000.00 for their role in the four year massive fraud scheme which resulted in over $100 million in losses to nineteen different cities and states across the nation. The City Attorney's office is reviewing the decision, which is subject to appeal,to determine the net amount which will be received by the City. It is not known whether Refco Securities intends to file an appeal. The City Attorney will put out a press release on this issue. NOTE: This announcement was made again at the 7:00 p.m. session.The City Manager presented an Employee Recognition Service Award to Christine Ludlow for her 10 years of service with the City.The President of the City of Orange Chapter of the National Management Association NMA) presented a Certificate of Recognition to Lori Benicky, the Chapter's Manager of the Year.1. 4 PROCLAMATIONS A proclamation was presented to Cy Bauman, Director of the Christmas in April Organization, for its service to residents of the City of Orange. Also recognized were Randy Vannoy, Rich Panitz, Chris Gorman, Tamara Organ, and Ann McEneany.PAGE 1 CITY COUNCIL MINUTES July 22, 1997 2. CONSENT CALENDAR 2.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of July 22, 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. 2.2 Request Council confirmation of warrant registers dated July 8, 11 and 17, 1997. ACTION: Approved. 2.3 Request approval of City Council Minutes, Regular Meeting, July 8, 1997. ACTION: Approved. 2.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. BIDS 2.5 Request Council approve plans and specifications and authorize advertising for bids for improvements to various bus stops within the City (Bid No. 978-05). (S4000.S.3.1. 4)FISCAL IMPACT: $58,232 from OCTA Bicycle Pedestrian Funds are allocated to the City for this project from Account No. 550-5032-483399- 1332 (ADA Bus Retrofit).ACTION: Approved plans and specifications and authorized advertising for Bid No.978-05.2.6 Request Council approve plans and specifications and authorize advertising for bids for Community Development Block Grant sewer improvements on Main Street from Sycamore Avenue to Alvarez Avenue and Shaffer Street from Walnut Avenue to Oakmont Avenue (S-189). (S4000.S.7)FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and available in the following account:509,033.00 - Account No. 310-6059-483200-1815 (CDBG Sewer Construction)ACTION: Approved plans and CITY COUNCIL MINUTES July 22, 1997 2. CONSENT CALENDAR (Continued) CLAIMS 2.7 CLAIMS FOR DAMAGES FROM: (C3200.0) a. Sandra Falk b. Lindle Willey ACTION: Denied claim for damages and referred to City Attorney and Adjuster. CONTRACTS 2.8 Request Council approve Amendment No.1 to Contract AGR-0332.B for traffic signal maintenance between the City of Orange and Peek Traffic/Signal Maintenance, Inc.SMH). (A2lO0.0 AGR-0332. B.1)FISCAL IMPACT: $85,000 for this contract is available in Gas Tax Exchange Account No. 273- 5032-427100 ( Contractual Services).ACTION: Approved.PERMITS 2.9 Request Council approve NO FEE parking permits in the South Orange Municipal Parking lot for the Assistance League of Orange (10), and First United Methodist Church (2) and to review this feewaiver annually. (S4000. S.3.1.1)FISCAL IMPACT: Loss of$1,440 annual parking permit fees.ACTION: Approved.RESOLUTIONS 2. 10 RESOLUTION NO. 8778 A Resolution of the City Council of the City of Orange expressing appreciation to Carol A. Allender of the Finance Department, Business License Division, and commending her for sixteen years of loyal and dedicated service. (C2500. J.l)ACTION: Approved.2. 11 RESOLUTION NO. 8800 A Resolution ofthe City Council ofthe City of Orange amending Resolution No. 8766 nunc pro tunc. 205-235 W. La Veta Avenue - Condemnation of Walker Property C2500. M.14) CITY COUNCIL MINUTES July 22, 1997 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEP ARATEL Y) 2.12 RESOLUTION NO. 8801 A Resolution of the City Council of the City of Orange establishing the procedures, rules and regulations for the Investment Advisory Committee. (OR1800.0.27.13) Mayor Coontz recommended the last paragraph, Section 3, be amended to include wording, "that no member ofthe Committee shall be financially interested in any contract, or otherwise conduct any business with any member ofthe City Council, the Finance Director, the City Manager, or the Treasurer, the City, or any of its agencies, either on an individual basis or as a partner, major shareholder, member, or employee of any firm." MOTION - Mayor Coontz SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Approved with amendments.REMOVED AND HEARD SEPARATELY)2.13 RESOLUTION NO. 8802 A Resolution of the City Council of the City of Orange establishing an Audit Committee and setting forth procedures, rules and regulations for said Committee. (OR1800.0.27.17)Mayor Coontz recommended the last paragraph, Section 3, be amended to include wording, "that no member of the Committee shall be financially interested in any contract, or otherwise conduct any business with any member of the City Council, the Finance Director, the City Manager, or the Treasurer, the City, or any of its agencies,either on an individual basis or as a partner, major shareholder, member, or employee of any firm."MOTION - Mayor Coontz SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Approved with amendments.SPECIAL EVENTS 2.14 Request from Arrowhead Pond and River Complex of Anaheim to conduct a special event/pageant, Jet Jam '97, in the Santa Ana River north of Katella Avenue on August 15,16 and 17, 1997. (p1300.0. 9)PAGE 4 CITY COUNCIL MINUTES July 22, 1997 2. CONSENT CALENDAR (Continued) FISCAL IMP ACT: There will be no activity on the east side of the river this year with minimal City services anticipated. A check for $2,000 has been submitted as a bond if City services should be required. ACTION: Approved, subject to conditions. TRACT MAP 2.15 Request Council approve for recordation final Tract Map Nos. 15371 and 15443, Hewes Avenue and Rancho Santiago Boulevard - Polygon Communities, Inc. (T4000.0 TRM-15371) NOTE: A request was received from Polygon Communities, Inc. that this item be postponed. FISCAL IMPACT: None.ACTION: Postponed.TRAFFIC ISSUES 2. 16 Request to remove Villareal Drive from the City's Speed Zone Ordinance and have it posted for a prima facie 25 MPH speed limit that is enforceable. (S4000.S.3.4)FISCAL IMP ACT: Funds are available in Gas Tax Exchange Funds Acct. No. 273-5032- 427100 (Contractual Services). ACTION: Approved. 2.17 Re-evaluation of a request to install an 'All-Way' STOP at the intersection of Walnut Ave. and Lincoln St. (S4000.S. 3.3)FISCAL IMPACT: None.ACTION: Received and filed.MOTION - Spurgeon SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Item Nos. 2.12 and 2.13 were removed and heard separately. Item No. 2.15 was postponed. The remainder ofthe Consent Calendar was approved as recommended.END OF CONSENT CALENDAR PAGE 5 CITY COUNCIL MINUTES July 22, 1997 3. REPORTS FROM MAYOR COONTZ Mayor Coontz reported the Mayor and the City Council has been extremely concerned about the criminal and civil investigation of the City's recycling contractor. No one has yet been charged, and the Council has yet to see the final determination of the lost revenue. The City has acted to meet its key objectives since the investigation began, to keep rates low, to provide uninterrupted service, and to get any lost revenue back. A few of the actions that Council has taken since the investigation began include: 1) the formation of an audit committee that would report to the City Council on matters concerning internal City controls; 2) direction to staff to propose an independent internal audit function within the City; and 3) direction to staff to propose a waste management committee to help with the oversight ofthe City's trash and recycling contracts. Several weeks ago staff began to prepare tonight's agenda item containing rate adjustments and denying extensions to the Orange Disposal Service (ODS) and Orange Resource Recovery Systems (ORRS) contracts. The City contracted with Hilton Farnkopf and Hobson to review all aspects of collection, recycling and disposal services. Earlier this month, the City Attorney issued a Notice to Cure Default to ODS and ORRS for alleged violations ofthe contracts. The Hambarian's have agreed to put $1 million in the bank as security, that the City can use, if needed, to recover any salvaged revenue losses. Money cannot be withdrawn from the account without the signature of the Mayor and with City Council approval. The amount oftime the City can make a claim against ORRS has been extended. A press release was made at 4 p.m. today about the escrow account. A background report which includes the proposed actions for the 7:00 p.m. Session is available to the public in the City Clerk's office.(A2lO0.0 AGR-2188. 1)NOTE: Item No. 6.1, Report from the City Manager, was heard at this time.4. REPORTS FROM COUNCILMEMBERS 4.1 Mayor pro tem Slater - Status of Old Towne National Register Historic District and potential tax implications. Mayor pro tem Slater indicated it is his understanding that the Mills Act benefits residential homes, whether owner occupied or income producing property. It was requested that staff explore and report back in the near future information on setting up a Mills Act Program for residential neighborhoods that may result in adopting a policy for historic property preservation agreements. This would accomplish tax relief and encourage rehabilitation of historic structures, with indirect positive impacts on local businesses, and increase community pride. Several other communities, and the City of Tustin, most recently, implemented a similar type program. Council discussion ensued relative to whether the Mills Act includes commercial properties; how applicable the Mills Act is in the City of Orange on a percentage basis and what monies are available in the state; the benefit it would or would not have to the City or historic structures in commercial redevelopment areas; and the benefits of the Act to property owners having contributing properties to the district, and to non-profit organizations.PAGE CITY COUNCIL MINUTES July 22, 1997 4. REPORTS FROM COUNCILMEMBERS (Continued) Carole Walters, 534 N. Shaffer, expressed disappointment with Mayor pro tem Slater for placing the item on the agenda and speaking in favor of the historic district; indicated not everyone in Old Towne wanted the historic designation; asked that Steve McHarris not be appointed to his taxpayer paid position on the Design Review Board because he serves on the Old Towne Preservation Association's Board and gathered names for the historic list; and asked how much the Ageis Report cost. Barbara DeNiro, (address on file), commented that Old Towne Preservation Association will conduct an information meeting in mid-September, indicating she hopes they have more adequate facilities and parking to accommodate everyone than they did last time, and all attending will be allowed to speak without time constraints.Corinne Schreck, 446 N. James, asked if the people who apply for the program have to get blessings from the City and the County because of the loss of taxes that would be received,indicating it goes by percentages. Ms. Schreck commented it is unethical to promote a program that could put money in your pocket on property you might own or manage. This could benefit Mayor pro tem Slater ifhe voted.Mayor Coontz indicated all questions will be addressed when a review by the Community Development Department is completed on CEQA and the Mills Act.5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 5.1 Re-designate Mayor pro tem Slater as the voting board member to the Orange County-City Hazardous Materials Emergency Response Authority ( OCCHMERA) and the Fire Chief as the alternate boardmember. (OR1800.0. 3.3.1) MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve. 5.2 Authorize the City Manager to re-assume the appointment responsibilities for the Staff Home Improvement Committee. (OR1800.0.3. 2)MOTION - Mayor Coontz SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve.PAGE 7 CITY COUNCIL MINUTES July 22, 1997 6. REPORTS FROM CITY MANAGER 6.1 Update on the Orange Disposal Service/Orange Resource Recovery Systems. The City Manager reported the escrow agreement is a significant step in protecting the City's interest in meeting key objectives. Actions taken by staff since the last Council meeting include: 1) met twice with ODS/ORRS representatives to review outstanding contract issues; 2) provided ODS/ORRS with the proposed rate adjustments, which are from the 1996 rate analysis developed by ODS/ORRS auditor and approved by their Board of Directors; 3) rotated City staff in direct contact with ODS/ORRS; and 4) met again with Arthur Andersen to discuss the scope of any auditing ofthe ODS/ORRS rate analysis. The City's goal is to assure the accuracy and completeness of the previous audits and the rate analysis, and to assure the implementation and execution of sufficient internal control procedures. The City will continue to research the issues and potential consequences of any early termination ofthe contracts. Any premature action on the City's part could expose the City to unnecessary financial liability, which would be an additional financial burden for the City's rate payers. In response to questions and issues raised by Councilmembers, the City Attorney indicated he has not completely reviewed the response received on July 21st to the City's Notice to Cure Default. The review should be completed in a day or two and will be made available. The $1 million escrow account was set up in good faith. It is not an admission of liability on the part of ORRS nor is the City admitting that the revenue shortfall is limited to that amount. The City will be able to access those funds if a judgment or resolution is reached that there is a revenue shortfall. Carole Walters, 534 N. Shaffer, commented it is illegal under Proposition 218 to combine City service charges; the charges must be in separate accounts; and requested a change within 30 days. A separation of charges was requested on residential bills. It was indicated that a surcharge must go into the particular service account and not to the general account, and that the City should not charge for recycling services. It was requested that the $3.00 charge on the recycling bins be investigated and taken off the bill. Barbara DeNiro, (address on file), asked: 1) if all the audits come to the same conclusion; 2) if Council received her letter of July 17th with an attached letter to the L. A. Times; 3) why the City continues payment on the MRF loan for the recycling facility and does not declare foreclosure, asset seizure, or apply a lien ifthe allegations of wrongdoing prove true, and remove the surcharge; 4) when the request for the 36% rate hike increase came about and where is it addressed; 5) if the alleged breaking of a contract in any form is reason to terminate the contract regardless of pay back, or an escrow account; and 6) why would the City threaten to shut offher water for three non-payments of$2.00 each for waste management services not rendered?Nick Lall, 6231 Mabury Avenue, asked if there is any current update on when it is anticipated the investigation will be completed, and if there are any convicted felons on the Board of Directors of ORRS or ODS?PAGE CITY COUNCIL MINUTES July 22, 1997 6. REPORTS FROM CITY MANAGER (Continued) In response to questions raised by the public, the City Manager responded that the issues raised by Ms. Walter's will be researched and the information provided. There are no audit results at this time as the City is currently in the audit process. Payment continues on the MRF loan as business must be conducted as usual and the investigation of ODS/ORRS continues. The rate increase was from a rate analysis prepared by ORRS's auditor, Alder, Green and Hasson, which the City has not accepted without further analysis. The City does not have a date when the investigation will be completed, and indicated he has no knowledge of any convicted felons on the Board of Directors ofORRS or ODS. Corinne Schreck, 446 N. James, asked why she pays four times per unit for the four units she owns on Orange Street on the recycling portion of her water bill; requested a breakdown of services provided for tree trimming, street sweeping, and sewer hook-up, and an understanding ofthe sanitation charges.The Director of Public Works reported rate structures vary with single-family, commercial or multiple uses. The City Manager indicated he would research the information, as well as issues directly related to Proposition 218, and provide it to the Council and the public at a later date.Council discussed the need to revisit problems associated with City service charges and that the charges be itemized once the research is completed.Z. Harry Astor, 333 City Blvd. West, Orange, Counsel for ODS and ORRS, commented a mischaracterization of the problem is that somehow the citizens of the City of Orange, or maybe the City itself, has in some way been harmed. The Hambarian family and ORRS/ ODS have become victims of a problem that has arisen which they discovered through the audit performed by their auditor. Private funds were placed into the corporation. It is believed that all items identified as curable defaults in the City's Notice of Default have been cured. ODS/ ORRS has complied. To the best of their knowledge, there are no other funds missing. Because there might be, which ORRS/ODS is unaware of, the family has put up $1 million. It was indicated that he would have to review with the Hambarian family whether there is anyone on the Board of Directors at ORRS/ODS with a criminal record; there is a possibility there is a record with one of the members. Jeff Hambarian has not received any salary since his termination, except for a separation compensation.6.2 Report on the establishment of City Internal Audit Function and the related budget for personnel and operations.FISCAL IMP ACT: Appropriation of $194,400 from General Fund Reserves is requested to establish this new function.MOTION - Mayor Coontz SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez PAGE 9 CITY COUNCIL MINUTES July 22, 1997 6. REPORTS FROM CITY MANAGER (Continued) Moved to continue to August 12, 1997. 7. ADMINISTRATIVE REPORTS 7.1 Treasurer's Report for the period ending June 30, 1997. (Report on file in the City Clerk's Office.) (C2500.F) The Finance Director presented the Treasurer's Report. MOTION - Mayor Coontz SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file the report.7.2 Report from the Director of Public Works on the adoption of a policy for the implementation of a Neighborhood Parking Permit Program and a proposed reduction of the Permit Parking Program Application Fee from $1500 to $400 for an initial study continued from July 8, 1997). (Report on file in the City Clerk's Office.) (S4000.S.3.1.2)The Director of Public Works reported staff is recommending a $400 fee be required and collected at the time the petitions are presented to the City. The intent ofthe fee is to cover processing through the system. The detailed parking study was removed.Gary R. Meserve, 153 S. Cambridge, asked why citizens have to pay a fee for staffto study traffic conditions, and addressed the traffic problems and permit parking fees as it pertains to residents on Cambridge Street.Dean Lippi, 144 S. Cambridge, asked if $400 covers the complete cost ofthe application?The City Manager responded there is no correlation for requests from Cambridge Street to an increase in fees. The Director of Public Works explained the proposed fee does not recover the full costs of processing, but confirmed $400 is the cost of the entire process.Carole Walters, 534 N. Shaffer, stated that PJ Mead's does not have enough parking and it is a non-conforming use. Mayor Coontz suggested when a parking permit is requested, the resident(s) be provided with a simple sheet of information which outlines what the program entails, and they should not be assured they will obtain the permit because the $400 fee is paid. Councilman Murphy suggested the form act as a petition to make sure council receives all the information.PAGE 10 CITY COUNCIL MINUTES July 22, 1997 7. ADMINISTRATIVE REPORTS (Continued) MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to adopt the policy for the implementation of a 'Neighborhood Parking Permit Program'and reduce the Permit Parking Program application fee from $1500.00 to $400.00, with the suggestions duly noted per discussion.7.3 Request from Richard R. Carlson, 159 S. Cambridge, for waiver of the $1,500 parking permit application fee. (S4000.S.3.1.2)NOTE: Mayor pro tem Slater indicated he would abstain from voting due to a property interest on this block. The applicant was not present.FISCAL IMPACT: Reduction of $1 ,500 in revenue for costs of conducting neighborhood permit parking program.MOTION - Murphy SECOND - Alvarez AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez ABST AIN- Slater Moved to continue. 8. LEGAL AFFAIRS - None 9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS Carole Walters, 534 N. Shaffer, asked how much the City has paid the last few years in attorney fees for the Wymer case, the Orange County bankruptcy, and the Bonneville lawsuit, indicating the residents ofthe City should know.The City Attorney responded attorney fees are listed in the annual budget. Regarding the Bonneville lawsuit, a calculation would need to be completed to determine the City's net if arbitration is upheld.Corinne Schreck, 446 N. James, commented on the announcement that will be made at the 7:00 p.m. session on the Historic Register, and read a recent newspaper article on erosion of freedom.PAGE 11 CITY COUNCIL MINUTES July 22, 1997 10. ORAL PRESENTATIONS (Continued) Nick Lall, 6231 Mabury Avenue, indicated big problems to citizens are not perceived as big problems by the Mayor or the Council; commented and requested clarification on the word personal attack. It was stated that a democracy needs good communication, interaction with its citizens, dialogue, and respect, indicating healthy debates are needed, and dictatorship is not wanted. Mayor pro tem Slater announced that Orange's YMCA, which serves Orange, Anaheim Hills, and Villa Park, is having their 75th Anniversary Picnic, Saturday, August 9th at Irvine Lake from 3 p.m. - 9 p.m.URGENT ITEM The City Attorney recommended the City Council also consider in Closed Session this urgent item in order to provide direction to the attorneys in the City of Orange v. Refco Securities.MOTION - Spurgeon SECOND - Slater AYES - Murphy, Slater, Coontz, Spurgeon, Alvarez Moved that the need for a Closed Session arose after the posting ofthe agenda and that there is a need for immediate action. 11. RECESS The City Council recessed to Closed Session at 6:32 p.m. to consider the urgent closed session item and for the following purposes:a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation: Michelle Hughes vs. City of Orange, Orange County Superior Court Case No. 75 9299.:b. 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.The City Council reconvened from Closed Session at 7:00 p.m. No announcements were made.7:00 P.M. SESSION 12.1 INVOCATION Given by Pastor Barela, Household of Faith Family Church 12.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor pro tem Slater PAGE 12 CITY COUNCIL MINUTES July 22, 1997 12.3 ANNOUNCEMENTS Joan Crawford, President of Old Towne Preservation Association announced the Keeper notified OTPA the entire residential area of Old Towne has been added to the National Registry of Historic Locations. Steve McHarris, who compiled the 426 page application, commented on the significance ofthe nomination to Old Towne. Barbara DeNiro, (address on file), commented Old Towne could not survive without the rest of the City's support; and expressed her views on OTPA's role in the City. Councilman Spurgeon announced the Council would be adjourning tonight's meeting in memory of Chester McKowan, a 25 year employee with the City. Diana Seeley, daughter of Mr. McKowan, accepted the acknowledgment. 12.4 INTRODUCTIONS Charles F. Wilson was acknowledged for his heroic efforts on behalf of Vern 1. Salzburnn 12.5 PROCLAMATIONS Leadership Orange Class of 1997 was recognized for their $3,000 donation to City's Mobile Recreation Program. 12.6 PRESENTATIONS - None.13. REPORTS FROM CITY MANAGER 13. 1 Proposal to reduce trash and recycling processing rates. (Report on file in the City Clerk' s Office.)Background - The annual adjustment oftrash and recycling processing rates is presented for City Council consideration. This action is independent and separate from the current City Police Department investigation of the City's trash and recycling contractors.Description - The City Manager proposes that the City Council reduce City payments to Orange Disposal Services (ODS) and Orange Resource Recovery Systems (ORRS), to lower trash pick up and processing rates, to authorize two one-time refund credits to City sanitation customers; to direct the City Manager to negotiate for independent outside CPA assistance in examining the most recent ODS and ORRS rate reviews, and to direct the City Manager to deny an ODS contract extension request and to notify ORRS ofthe termination ofthe automatic extension provision in the ORRS contract. (A2lO0.0 AGR-2188)Fiscal Impacts:The proposed reduction in payments to ODS and ORRS will benefit ratepayers through reduced rates. Proposed City payment reductions to ODS and ORRS are accompanied by proposed PAGE 13 CITY COUNCIL MINUTES July 22, 1997 13. REPORTS FROM CITY MANAGER (Continued) reductions in charges to City sanitation customers. Thus, there is a neutral fiscal impact on the City's Sanitation Fund of these concurrent ongoing reductions. One time refund credits totaling $25.18 per City residential customer from the sale of recyclable materials and from the increased number of customers over which fixed Materials Recovery Facility (MRF) debt service payments are spread, together with a one-time credit of $12.12 per City non-residential customer from the increased number of customers over which fixed MRF debt service payments are spread, will reduce the fund balance in the City's Sanitation Fund by approximately $1.1 million over the next two months.The estimated expense of printing and mailing the proposed insert in the water bill is $1, 000, to be paid out of the Sanitation Fund.A. Recommendations for Reduced City Sanitation Customer Rates: Recommendation A-I:Effective August 1, 1997, direct the Finance Director to reduce the portion of the "State Mandated Program" rate that residential customers pay to the City for the cost of recycling and disposal from the currentrate of $5.39/month to $5.29/month to reflect the reduction in County landfill gate fees to $22/ ton.Recommendation A-2:Effective August 1, 1997, direct the Finance Director to reduce the portion of the "Waste Management Program" rate that customers pay to the City for Orange Disposal Services' (ODS)cost of trash collection from the current rate of$3.29/month to the proposed rate of $2. 89/month.This reduction reflects reductions recommended in the Rate Study prepared by ODS' former Auditor Steven Nakada, approved by the ODS Board, and submitted to the City by ODS on March 10, 1997. The City reserves the right to authorize additional reductions in the event independent CPA analysis subsequently determines that any such further reductions may be required.Recommendation A-3:Effective August 1, 1997, direct the Finance Director to reduce the portion of the rate that customers pay to the City for MRF debt service costs from the current rate of $ 2.25/month to the proposed rate of $1.95/month to reflect the larger customer base over which fixed debt service payments are spread.Recommendation A-4:Effective August 1, 1997, authorize the Finance Director to implement the application of a one-time credit in the amount of $13.06 to Orange residential customers to rebate revenue received by the City to date from the sale of salvaged recyclable materials, and a $12. CITY COUNCIL MINUTES July 22, 1997 13. REPORTS FROM CITY MANAGER (Continued) all City customers to rebate MRF debt service revenues received from an expanded customer base from program inception through June 30, 1997. The City reserves the right to authorize further one-time rebates from the sale of salvaged recyclable materials in the event the Police Department criminal investigation, independent CPA analysis, and other City actions lead to recoveries of revenues from the sale of salvaged recyclable materials which may be due ratepayers.B. Recommendations for Reduced City Payments to ODS and ORRS:Recommendation B-1:Reduce the rate the City pays to Orange Resource Recovery Systems for gate fee expenses from the current rate of $20.25/ton to the proposed rate of $ 16.50/ton for services rendered after July 1, 1997, to reflect the reduction in County landfill gate fees from $27/ton to $ 22/ton. Recommendation B-2:Reduce City payments to ODS for trash pick up services from the current rate of 4.20/meter/month to the proposed rate of $3.88/meter/month for services rendered after July 1,1997. This reduction reflects recommendations in the Rate Study prepared by ODS' former Auditor, Steven Nakada, approved by the ODS Board, and submitted to the City by ODS on March 10, 1997. The City reserves the right to make further payment reductions in the event independent CPA analysis subsequently determines that such further reductions may be required.C. Recommendation for Reduced ODS Charges to ODS-Direct Billed Customers:Recommendation C-l :Effective August 1, 1997, require ODS to reduce charges to ODS-direct billed customers as shown in "Exhibit A" of the Background Report accompanying this agenda item, and adopt Resolution No. 8804. These reduced rates reflect the reduction in gate fee expenses effective July 1, 1997 and the ODS-direct billed customer share of ORRS revenue received through June 30, 1995 from the sale of salvaged recyclable materials. The City reserves the right to direct further rate reductions in the event the Police Department criminal investigation, independent CPA analysis, and other City actions lead to recoveries of revenues from the sale of salvaged recyclable materials which may be due ODS-direct billed customers.RESOLUTION NO. 8804 A Resolution of the City Council of the City of Orange CITY COUNCIL MINUTES July 22, 1997 13. REPORTS FROM CITY MANAGER (Continued) D. Other Recommendations: Recommendation D- l :Direct the City Manager to negotiate a scope of work and a contract for outside independent CPA auditing services for the June 30, 1996 ODS Financial Statements and Rate Review prepared by ODS' former auditor, Steven Nakada, and the June 30, 1996 ORRS Financial Statements and associated Rate Review prepared by ORRS's auditors Alder, Green & Hasson. The primary goal ofthis work is to ascertain the accuracy of the audits and to recover any funds which may be due the City, its sanitation customers, and ODS-direct billed customers. Recommendation D-2:Direct the City Manager to deny ODS's 1985 contract extension request. Direct the City Manager to notify ORRS of the City's termination of the March 10, 1998, automatic extension clause in the 1994 agreement.Discussion The City Manager recommended Council approve the following proposed motions:: 1) Adopt all staff recommendations relating to reducing customer trash and recycling processing rates,namely recommendations A-I, A-2, A-3, A- 4 and C-1, together with implementing Resolution No. 8804. Proposed Motion 2: Adopt staff recommendations B-1, B-2, D-l and D-2 relating to reduced City payments to Orange Disposal Services and Orange Resource Recovery Systems,preparation of a contract for outside independent auditing services, denial ofthe ODS contract extension request and notice of termination of the ORRS automatic contract extension.In response to Council questions, the City Manager advised there is no correlation between the criminal investigation and any subsequent reductions and/or increases. It is a separate item based upon the rate analysis provided by the Company, approved by their Board of Directors and passed on to the City. It would be imprudent to recommend the termination of any contract before any result comes from the criminal investigation. This could place the City in a situation that would cause financial liability that would ultimately be borne by the ratepayers.The City Attorney recommended that Council not consider termination of the contracts at this time. That decision must be made at a public hearing where the City would be required to provide evidence which shows the contractors have defaulted on the contracts. The contractor would get the opportunity to rebut that evidence. At this time, Council, ODS, nor the Police Department have all the facts. Allegations have been made in the press, and the evidence that the City has does not support those allegations. When the criminal investigation is completed, a report will be prepared for Council's review and decision.The City Manager answered the following questions by Councilmembers: This rate analysis is late. The one received prior to this (1994/ 95) was status quo for the cost of operations vs. cost of existing service, so no action was taken. CITY COUNCIL MINUTES July 22, 1997 13. REPORTS FROM CITY MANAGER (Continued) Rate Study prepared by Steven Nakada does contain enough validity to recommend to Council the decrease in operational cost and rate reductions outlined in the report. The Board of Directors ofODS/ORRS approved this rate reduction. It is prudent to have the City's auditor analyze that audit. The Arthur Andersen audit, which has not been released to the public, is an audit of certain areas of the ORRS financial work papers of Mr. Nakada and a review of internal controls at the ORRS facility. The audit gave the City grave concerns which is why the issue was brought forward as a criminal investigation. The money used for rebates is in existing accounts. The following people spoke in opposition: Carole Walters, (address on file), submitted a petition with approximately 342 signatures, plus more pages, from Orange residents asking the Mayor and Councilmembers to immediately break all contracts with ODS, ORRS and the Hambarian family. Barbara DeNiro, (address on file), asked how this situation came about; too much confusion over this issue; talking about an alleged abuse; do citizens get one rebate per household; what happens with multiple units; and has the residential customer been subsidizing commercial accounts? NOTE: The City Manager will compile all speakers questions and return to the next Council meeting with answers. Herman Martinez, 2034 W. Orchard, commented everyone should resolve these problems together. The books should be opened and ifthere are any shortages, they should be covered. It is time to move on. Nick Lall, 6231 Mabury Ave., commented in 1996, there was no rate increase and no one noticed there was a problem with the books. It was never brought to Council's attention, which would have been a red flag. The 1995 rate reduction was acted upon promptly. This could be a way of soothing the publics' nerves over the scandals alleged in the press. Gary Meserve, 153 S. Cambridge, questioned the timing ofthe rebate; asked Mayor pro tem Slater ifhe knew John Lortscher and Philip Pierce, were quoted somewhere, "If you want to know where the money is, look in JeffHambarians' pockets." How did they know that? Mayor pro tem Slater commented it was in the press as part of the investigation into a rumor about problems at ODS and ORRS. Those were comments they made as part of the staff report. Mayor pro tem Slater indicated he first learned of this on June 3, 1997. Richard Carlson, 159 S. Cambridge, asked why was there an investigation ordered on who was blowing the whistle instead of investigating the allegations into the trash. NOTE: The City Attorney advised, since these issues directly affect the financial interests of Mr. Astor's clients, he is not limited to the three minute time limit. PAGE 17 CITY COUNCIL MINUTES July 22, 1997 13. REPORTS FROM CITY MANAGER (Continued) Z. Harry Astor, Attorney, 333 City Parkway West, Orange, commented on the two rate review petitions, one which was submitted late by the new auditor Alder, Green and Hasson. City staff is recommending action that affects both contracts, but there has not been a full analysis of the rate review submitted on behalf ofORRS. Mr. Astor's interpretation of the ORRS contract as to what rates are allowed is different from staff s interpretation. It would be prudent for the Council, City Attorney and Mr. Astor to meet and discuss this issue before any action is taken by Council. One of the problems with the proposed rate reduction and some rebates to commerciallindustrial customers involves those rebates taking placing in the months of August and September causing approximately $400,000 cash shortfall within a two month period. The past rate adjustments have been amortized over a twelve month period. Some of the considerations that support rate adjustments involve salvage revenue. To the best knowledge of ORRS, there is no shortage of salvage revenues to that corporation. It was suggested that the data to support staffs recommendation is flawed substantially in terms of dollars. Mr. Astor felt their interpretation of the ORRS contract was correct, there would be a shortfall of deficiencies in 1995 of approximately $348,000 and for 1996, $1,589,000. Mr. Astor distributed a letter from Alder, Green and Hasson, auditors, that details responses to the agenda items recommending Council take no action to reduce hauling and MRF rates unless further study and dialogue take place between the company and the City staff. Mr. Astor gave the following recommendations in correlation to the agenda items: A-I - No major problem with that - it is a minor amount.A- 2 - B-2 - Matter should be subject to review.A- 3 - No problem.A- 4 - Misinterpretation of the contract. Contract calls for ORRS getting lO% of the recyclable or salvage revenues. The analysis did not include that.B- 1 - Appropriate recommendation, but subject to the interpretation of the 25% diversion.C- l Incongruous to ask ODS to operate for the months of August and September with an approximate shortfall of $400,000. Any adjustments should be made on an annual basis. Further discussion with staff is needed. D-1 No comment.D-2 Only observation regarding the ODS contract, there is no information that shows they are in default, no evidence they are aware that anything at ODS isn't correct. Ifthere is an interpretation problem regarding schedules or expenses, those adjustments would be made during the rate review. Mr. Astor further commented if Council took action to deny the request for extension, Council would presuppose and take a position without knowing all the facts as to whether they are entitled to the extension of the contract.Mr. Astor remarked ODS rate reductions for direct billing customers will cause, if carried out,tremendous financial burden. Under no obligation whatsoever Sam and Alyce Hambarian have put up $1,000,000 worth of equities guaranteed until this salvage shortfall issue is complete.They have placed into ORRS bank accounts approximately $494,000. If Council takes these CITY COUNCIL MINUTES July 22, 1997 13. REPORTS FROM CITY MANAGER (Continued) steps, without meeting with staff for the true interpretation of these contracts, it would unnecessarily expose citizens of the City to problems in the future. The following people spoke in favor: Neil Mason, 2702 E. Riding Way, commented if the misappropriated money was done by one family member, do not convict the whole family. The Police Department is dealing with the allegations the proper way. Jane Mason, 2702 E. Riding Way, blames pressure on newspapers, Carole Walters and her followers; spoke on a discrepancy when asked to sign the petition; people at the table gave out misleading information; and thanked ODS and the Hambarians for their service and low rates. Rudo1fOd'Ablaing Van Gressenbury, 336 E. LaVeta, commented he was proud to be in this City; and other cities only have one trash can. Jerry Coker, 1616 Silverwood, cautioned Council to take no action during the criminal investigation, disastrous results could occur; people that want termination of the trash contract do not represent all the people in Orange. Michael Fischer, 923 E. Cumberland Rd., asked how or who intercepted the 1994/95/96 personal funds from the Hambarian family to cover the shortfall; why did Steve Nakada, auditor, walk away from the ORRS audit; would like to see a financial expert representing the City ratepayers attend meetings with Mr. Astor and the City. Robert Hill, 975 N. Citrus St., spoke in a neutral position, asked for clarification of the breach of contract; inquired about the relationship between the City and the trash company and that due process is adhered to as well as issues regarding informal affirmative action. The City Attorney commented there is no evidence at this time to support a breach of evidence. Councilman Spurgeon responded the City has contracted with the Hambarians since 1955. Mr. Astor responded to questions: No one knows who intercepted funds; suspicion is a family member who is no longer with the firm. The corporation cooperated with Mr. Nakada. Mr. Nakada contacted salvage buyers who did not respond and he was also understaffed. The City Manager stated the issue of rate adjustments should not be negotiated at Council meetings. A major issue of concern to the City and in debate with the company is the $300,000 plus of hauling fees. The City has found it prudent to discuss this separately. The City will analyze the company's most recent analysis, but to ignore the rate analysis that calls for a reduction would be cause for justified criticism on the part of the staff and City, and give others opportunity to accuse favoritism. Staff acknowledged they may be subject to additional criticisms of recommending rebates and reductions at this time, but so be it. The recommended adjustments are proper when the contract obliges the City to such recommendations. PAGE 19 CITY COUNCIL MINUTES July 22, 1997 13. REPORTS FROM CITY MANAGER (Continued) Council discussion: Councilman Spurgeon wanted assurance the City was on fIrm legal ground. The City Attorney explained the rate adjustments are based upon the company's own analysis and reviewed the contract provisions. Councilman Murphy commented the rate adjustments are long overdue to citizens and when the investigation is complete, decisions will be made at that time. Mayor Coontz felt staff has done a prodigious job on this issue, making every effort to bring this to the public. Mayor pro tem Slater remarked when staff proposed rate reductions, it was the worst possible timing and everyone would think the City was trying to soothe taxpayers, but that is not the case. It is wrong to sit on funds since they belong to the taxpayers. Councilman Alvarez felt it was important to point out the City Manager's recommendations reserving a certain right the citizens may have to either further payment reductions or monies that would be discovered during the investigation. MOTION SECOND AYES Murphy Slater Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to adopt all staff recommendations relating to reducing customer trash and recycling processing rates, namely recommendations A-I, A-2, A-3, A-4 and C-l, together with implementing Resolution No. 8804. MOTION SECOND AYES Mayor Coontz Alvarez Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to adopt staff recommendations B-1, B-2, D-1 and D-2 relating to reduced City Payments to Orange Disposal Services and Orange Resource Recovery Systems, preparation of a contract for outside independent auditing services, denial of the ODS contract extension request, and notice of termination ofthe ORRS automatic contract extension.14. PUBLIC HEARINGS - None 15. PLANNING AND ENVIRONMENT - None PAGE CITY COUNCIL MINUTES July 22, 1997 16. ORAL PRESENTATIONS Richard Carlson, 159 S. Cambridge, expressed frustration regarding PJ Meads' operation and the permit parking issue dropping his property values; submitted a document to the City Manager requesting to be placed on the agenda and has not received an answer. The City Manager responded he had received a three page letter and spoke to Mr. Carlson on the phone and asked for the 400 pages of documentation which has not been delivered. The Director of Community Development has responded to the three page document and provided recommendations which were reviewed this afternoon, but it has not been decided that it will go on the agenda because it appears Council did take action in 1994. The three page letter is being transmitted to the City Attorney. Gary Meserve, 153 S. Cambridge, read a letter from the former property owner, Mariola Szeglowska at 143 S. Cambridge, who indicated she was forced to sell the house because they could not get any other buyers. Going to City Hall did not solve the problems. Carole Walters, (address on file), felt it is wrong when people in the audience receive personal attacks and nothing is said, and commented Council does not speak up for anyone. Adele Graves,(address on file), commented this latest scandal is the third time the City has suffered a financial loss. Citizens have lost out and suffered from these losses by having the City Hall closed on Friday and laying off employees. Orange CARES, which is Orange Citizens Against Repeated Errors, in a span of four hours gathered 189 signatures, some additional that have not been copied. The petition read: "Ask Mayor Coontz to step down from position as Mayor, as well as a member of the Orange City Council. We no longer have confidence that you are doing what is best for the citizens of Orange." The petition was submitted to the City Clerk. C2500.D.l) Mayor Coontz, for the record, as a matter of personal privilege, gave the following statement: This is not a matter for the City Council, it is actually a matter between me and some frequent and frustrated mayoral candidates who would like to make ODS their vehicle to drive a personal political agenda and anything else they can fmd. If I could indulge the Council like I have, I would like to offer my thoughts. Recall petitions are a part of public life and public leadership. Leadership is pulling together in a crisis. It always means approaching issues with a caution they deserve which I think I and the rest ofthe Council have demonstrated. For me leadership means seeing this issue that we've been discussing through and then letting the Mayor and Council make the final decision on the issues in the future when the revelations come out. It means completing the work we started with the same determinations that has been our hallmark of the City Council. It means holding to our key objectives since the investigation began, and we already talked about that, to keep rates low, to provide uninterrupted services to the City, and to get our revenues back. Serving the City of Orange has been and will continue to be my highest priority. I happen to love the City of Orange. I have been here for a long time. I work very hard for the community and for the City. I will close my remarks with the statement that I will continue to work on the many, many issues, this is but one facing the City residents, with pride in the City that I live in, with confidence in the City Council and staff and the community PAGE 21 CITY COUNCIL MINUTES July 22, 1997 16. ORAL PRESENTATIONS (Continued) members who do understand what this City is all about and are proud of it. There are many of them. Thank you." Councilman Spurgeon left the Council meeting at 10:00 p.m. Charles Williams, , 2945 N. Hearthside St., praised the City Council. David Casselman, (address on file), requested Oral Presentations be extended from three minutes to ten minutes; and asked ifCouncilmembers had observed the property at the end of Wanda at Collins which was addressed at a previous council meeting. Mr. Casselman provided Council with his phone number and asked Council to be pro-active to resolve the problems in that area.Judy Sollee, 821 E. VanBibber, addressed the Council with supportive comments.Bob Bennyhoff, 10642 Morada Dr., asked about the 10% penalty the State would impose if the City did not meet the 25% diversion for recycling in 1995.The City Manager indicated the contract provides ORRS will take care of any penalties. The State has agreed to work with the City, analyzing whether good faith efforts were made.Barbara DeNiro, address on file, announced she was the grandmother of twin baby grandsons.Robert Hill, 975 N. Center St., expressed comments on freedom of speech and his beliefs in honor and ethics.17. ADJOURNMENT The City Council adjourned at 10:25 p.m. in memory of Chester McKowan, a 25 year employee with the Department of Community Development. (C2500. G)4d~~ Ccbk~~CASSANDRA J. THCART, CMC CITY CLERK JOANNE COONTZ MAYOR PAGE