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08-27-1996 Council MinutesAPPROVED BY THE CITY CITY COUNCIL MINUTES OF A REGULAR MEETING COUNCIL ON SEPTEMBER 10, l~~b. ORANGE, CALIFORNIA August 27, 1996 The City Council of the City of Orange, California convened on August 27, 1996 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 Mayor Coontz 1.2 ROLL CALL PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT - None 1.3 PRESENTATlONS/ ANNOUNCEMENTS/ INTRODUCTIONS Councilman Spurgeon apologized and thanked members of the staff and Council for their patience in disruptions that were caused by events that had taken place over the past two weeks relative to the court ballot issue. He further stated that he would not be seeking reimbursement of court costs or attorney fees from the City of Orange. In addition, he expressed his utmost confidence in City Clerk Cassie Cathcart. The judge ruled that there were honest interpretation errors on the part of everyone concerned and good faith was exercised.Carrie Hummel and Phil Hummel, who was unable to be present, 2950 E. Shady Forest Lane, Orange, co-chairs for the 1997 Gogh Van Orange, announced the plans for the Chamber of Commerce sponsored 1997 Gogh Van Orange event to be held on May 3 and 4, 1997 and presented the Council with their Mission Statement. (C2l00.0)Scott Parker, 158 Monterey Road, Orange, presented Certificates of Appreciation to City staffthat helped with the 1996 Gogh Van Orange event.The Director of Community Development introduced the City's new Building Official,Kevin Shear.1. 4 PROCLAMATIONS 2. CONSENT CALENDAR 2. 1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of August 27, 1996 at Orange Civic Center, Main Library,Police facility at 1107 North Batavia, 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.Page 1 CITY COUNCIL MINUTES August 27, 1996 2. CONSENT CALENDAR (Continued) 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 August 9, 13, 15, 1996. ACTION: Approved. REMOVED AND HEARD SEPARATELY) 2.3 Request Council approve City Council Minutes, Adjourned Regular Meeting, August 6, 1996, Regular Council Meeting, August 13, 1996 and Adjourned Regular Meeting, August 20, 1996. MOTION - Barrera SECOND - Coontz A YES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to approve the City Council Minutes, Adjourned Regular Meeting, August 6,1996 and Adjourned Regular Meeting, August 20,1996.MOTION - Spurgeon SECOND - Murphy A YES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to continue the City Council Minutes, Regular Council Meeting, August 13,1996 to the September 10, 1996 meeting.2.4 Consideration to waive reading infull of all Ordinances on the Agenda.ACTION: Approved to waive reading in full of all ordinances on the Agenda.AGREEMENT 2.5 Request Council approve a consultant agreement with ITX Stanley, Inc. in the amount of 62,890 to furnish a Pavement Condition Survey, Surface Distress Assessment and Program Software update of the City' s Pavement Management System and appropriate 2,890 from Unappropriated Measure M Fund Reserves to Professional and Consulting Account No. 262-5021-426700. (A2l00. 0 AGR-2663)FISCAL IMPACT: Additional appropriation of $2,890 from Account No. 262-35000 Measure M Unappropriated Reserves) to Account No. 262-5021-426700 (Professional and Consulting Services) is required. ACTION: Authorized Mayor and City Clerk to execute on behalf of the City. Page 2 r-- CITY COUNCIL MINUTES August 27,1996 2. CONSENT CALENDAR (Continued) APPROPRIATION OF FUNDS 2.6 Request Council take the following actions: a) amend Special Revenue Account 262- 0000-2653000 to reflect additional Measure M Grant Funding of $531,240.00; b)appropriate $531,240.00 in measure M funds from Revenue Account 262 to Project Account 262-5011-483399-3432 (Tustin Street at Santa Ana Canyon Road Street Improvements); and c) approve plans and specifications and authorize staff to advertise for bids. (S4000.S.7)FISCAL IMP ACT:. Funds are available and proposed to be budgeted in the following accounts:262- 5011-483399-3432 OCT A "M" Construction 531,240.00 550- 5011-269600- 3422 $ 43,760.00 California Private Tollway Corporation ACTION: Approved.BIDS 2.7 Request Council award Bid No. 967-01 to Soto Company, Inc., Capistrano Beach, CA, in the amount of $69,690. 96 for the landscape maintenance of seven parks, and reject all other bids. (A2l00.0 AGR- 2662) FISCAL IMPACT: Funds are budgeted in Account No.1 00-7022-424301 (Landscape Maintenance). ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City.GRANT 2.8 Request Council approve a Homeowner Participation Program Grant in the amount of 862. 50 to complete additional repairs on property located at 368 N. Eckhoff Street and authorize the Finance Department to prepare a warrant. (C2500.G. 1.3. l)FISCAL IMP ACT: CITY COUNCIL MINUTES August 27,1996 2. CONSENT CALENDAR (Continued) LIABILITY ISSUE 2.9 Request Council approve the participation of various Fire Department members in the Urban Search and Rescue Task Force in the event FEMA is unable to comply with the liability, workers compensation, LTD and retirement provisions of the existing Memorandum of Understanding. (C2500.H) FISCAL IMP ACT: None, unless an injury occurs. ACTION: Approved. RESOLUTIONS REMOVED AND HEARD SEPARATELY) 2.10 RESOLUTION NO. 8651 A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 96-4 adjusting a lot line of certain real property situated at the commercial center presently known as the Mall of Orange in the City of Orange, County of Orange, State of California. (C2500.M.16.l LLN-96-4)Owner: Orange Mall Development Associates and Shoprop Associates Location: West side of Tustin between Heim and Meats Discussion: Carole Walters, 534 N. Shaffer, asked why the Resolution was not handled through the public hearing process and expressed dissatisfaction with how the Wal- Mart issue was handled.The Interim City Attorney indicated the Resolution approving the lot line adjustment does not require a public hearing. The Wal-Mart public hearing had been held and was approved.MOTION - Barrera SECOND - Slater A YES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.2.11 RESOLUTION NO. 8680 A Resolution of the City Council of the City of Orange revising the Conflict ofInterest Code for the City of Orange. (A2500.0 - Conflict ofInterest)ACTION: Approved.Page CITY COUNCIL MINUTES August 27, 1996 2. CONSENT CALENDAR (Continued) 2.12 RESOLUTION NO. 8685 A Resolution of the City Council of the City of Orange expressing appreciation to Gary Conniff of the Orange Fire Department and commending him for more than thirty years ofloyal and dedicated service. (C2500.H) ACTION: Approved. SPECIAL EVENT 2.13 Request Council approve the request from Holy Family Cathedral Church to conduct the Annual Parish Fiesta September 27, 28 and 29, 1996 and deny the request for waiver of fees. (P1300.0.9) FISCAL IMPACT: Adequate deposits will be retained for City services. ACTION: Denied waiver offees and approved the event. UNCOLLECTABLE ACCOUNTS REMOVED AND HEARD SEPARATELY) 2.14 Request Council approve the write-off of certain accounts receivables. (C2500.J. l)FISCAL IMPACT: There will be no impact on the budget. Revenue estimates take into account projections for uncollectible receivables.Councilman Spurgeon requested a comparison with past years write- offs of uncollectible receivables and asked what is being done to reduce the amount of write-off in the future, especially with paramedic fees.The Finance Director indicated there is a decrease of $68,062 in the amount of write-off this year, which can be attributed to the use of a firm that specializes in this type of revenue collection.Mayor Coontz requested a list of the names of individuals with uncollectible accounts be attached to the staff report in the future as it has been in the past.MOTION - Spurgeon SECOND - Murphy A YES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.Page 5 CITY COUNCIL MINUTES August 27,1996 2. CONSENT CALENDAR (Continued) VOTING DELEGATE 2.15 Designate Mayor Coontz as the voting delegate for the League of California Cities Annual Conference, October 13-15, 1996. Voting alternate Councilmember to be determined by seniority and availability. (ORI800.0. 12)FISCAL IMPACT: None.ACTION: Approved.MOTION- Spurgeon SECOND- Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Item Nos. 2.3, 2.10 and 2.14 were removed and heard separately. All other items on the Consent Calender were approved as recommended. END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR COONTZ - None 4. REPORTS FROM COUNCILMEMBERS - None 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 5.1 Accept resignation of William L. Leming from the City Traffic Commission as of August 23, 1996. Instruct the City Clerk to begin Maddy Act requirements. (ORI800.0.l9)MOTION SECOND AYES Barrera Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to accept the resignation and directed the City Clerk to begin Maddy Act requirements and send a letter of appreciation.6. ADMINISTRATIVE REPORTS 6.1 A report will be presented by the Director of Community Development and Fire Chief Clevenger on swimming pool barriers. It is recommended Council consider adoption of Ordinance No. 21-96. ( A2500.0)Page 6 CITY COUNCIL MINUTES August 27,1996 6. ADMINISTRATIVE REPORTS (Continued) The Building Official reported the proposed Ordinance would upgrade the existing City code for fencing around swimming pools to comply with the Uniform Building Code and pending state legislation on pool barriers and would only affect newly constructed pools. There are existing requirements for fencing around the perimeter of the property when a pool is constructed. The new code requires swinging doors to have an automatic closure with a latching device and sliding glass doors to have an alarm system that detects when the door is opened. Further, if there is a fence barrier between the pool and the house, the house would be exempt from the new requirements. Councilman Murphy requested the City Manager direct staff to provide an updated list of activities that require a building permit. The Director of Community Development indicated a report would be brought to Council within 30 days. ORDINANCE NO. 21- 96 An Ordinance ofthe City Council ofthe City of Orange, amending Chapter15.44 of the Orange Municipal Code by deleting said Chapter15.44 in its entirety and substituting therefore the following new Chapter15. 44.MOTION - Spurgeon SECOND - Coontz AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved that Ordinance No. 21-96 have first reading waived and same was set for second reading by the preceding vote.6. 2 Treasurer's Report - Period ending July 31, 1996 (C2500.F)The Finance Director reported the invested balance for the period ending July 31, 1996 was $109 million, approximately $ 3.5 millionless than the prior month, which was due to the closing of payments to end the fiscal year. Additionally, large payments during July included two large debt service payments for bonds, a semi-annual water replenishment expense, computer purchases, and large contract payments. At the end of July the Local Agency Investment Fund balance was $3.6 million and the Portfolio Yield to Maturity was 5.39%. The Market Value for July was 98.63%, slightly down from 98.7% in June.Councilman Slater referred to a newspaper article which listed the decline of all the book values of cities portfolios and asked the Finance Director for her comments in terms ofthe City's returns. Page 7 CITY COUNCIL MINUTES August 27,1996 6. ADMINISTRATIVE REPORTS (Continued) The Finance Director responded the article did not address the fact that any agency that invests highly in treasuries and agencies which are the most secure, with the least credit risk, are most subject to risks in terms of market value. The City has a large percentage of its portfolio in bonds, treasuries and agencies which are very secure. MOTION SECOND AYES Murphy Coontz Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to receive and file.6.3 Report from the Director of Public Works relating to water services. (C2500.0)The Water Utility Chapter of the Municipal Code is proposed for revision after a comprehensive review to reflect current practices, certain procedural changes, amend and/or clarify certain language and conform to the requirements of State law. Additionally, the current water fees,rates and charges information would be removed from the Municipal Code and transferred unchanged into the City's Master Schedule of Fees and Charges Resolution. The change does not involve any modification to present water rates or fees.The Director of Public Works indicated the changes to the Water Utility Section of the Code modifies archaic language or terms, or adds clarifying language to make the intent of the section clearer. Three significant areas of change in customer service are:The application for water services is being revised to delete obsolete and unnecessary items and adds other items that are necessary for current accounting practices and procedures.Deposits for residential accounts will remain unchanged but will be further studied. A recommendation will be brought back to Council later this fiscal year.The current code requires developers to purchase all materials for water improvements from the City. These sections will be deleted so that developers would be able to purchase their own materials in conformance with the water division standards and material specifications.The cross- connection regulations have been extensively expanded to bring them into conformance with Title 17 of the State Code and requirements of the State Health Department. The various water fees and charges that are presently in the Ordinance are being removed from the Ordinance and added to the City's Resolution of Master Schedule of Fees and Charges.Councilman Slater commented on the inconvenience to the public by having to do business in person and requested the Finance Director look into an alternative method such as those used by the Gas Company and Southern California Edison Company.Page 8 CITY COUNCIL MINUTES August 27, 1996 6. ADMINISTRATIVE REPORTS (Continued) The Finance Director indicated it is a major customer service issue that staff is interested in pursuing. A new utility billing system is being selected which will provide greater flexibility in signing people up for utilities, whereby the deposits could be billed rather than requiring individuals to come in. RESOLUTION NO. 8665 A Resolution of the City Council of the City of Orange amending and revising the Master Schedule of Fees and Charges as authorized by Orange Municipal Code Chapter 3.10 to include Water Fees, Charges and Rates. MOTION SECOND AYES Barrera Coontz Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved that Resolution No. 8665 as introduced, be adopted and same was passed and adopted by the preceding vote. ORDINANCE NO. 19- 96 An Ordinance of the City Council ofthe City of Orange amending Chapter 13.04 through 13.44 ofthe Orange Municipal Code relating to the provision of water services.MOTION SECOND AYES Barrera Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved that Ordinance No. 19- 96 have first reading waived and same was set for second reading by the preceding vote. 7. REPORTS FROM CITY MANAGER - None 8. LEGAL AFFAIRS 8.1 ORDINANCE NO. 16- 96 An Ordinance ofthe City Council ofthe City of Orange amending Title 17 of the Orange Municipal Code relating to wireless communication antennas. (C2500.0)Amendment 1-96 City of Orange MOTION SECOND AYES Murphy Coontz Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Page 9 CITY COUNCIL MINUTES August 27,1996 8. LEGAL AFFAIRS (Continued) Moved that Ordinance No. 16-96 have second reading waived and same was passed and adopted by the preceding vote.8.2 ORDINANCE NO. 22-96 An Ordinance of the City Council ofthe City of Orange amending Section 10.14.050 of Chapter 10.14 of the Orange Municipal Code pertaining to speed limits. MOTION SECOND AYES Spurgeon Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to remove Ordinance No. 22-96 from the agenda at this time. 9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS - None 11. RECESS MOTION - Barrera SECOND - Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The City Council recessed at 5:25 p.m. to a Closed Session for the following purposes:a. Conference with legal Counsel pursuant to Government Code Section 54956.9 - existing litigation.United States Government vs. Montrose Chemical COI:poration. United States District Court Case No. CV90-3l22-AAH( JRx)City ofOrani:e et al v. Alabama Treasurer Advisory Program, Los Angeles Superior Court Case No. BC 106461 b. Conference with Legal Counsel - anticipated litigation.Initiation oflitigation pursuant to Government Code Section 54956.9 c (one potential case).c. To consider and take possible action upon such other matters as are orally announced by the City Attorney or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in Closed Session.Page 10 CITY COUNCIL MINUTES August 27,1996 12. ADJOURNMENT MOTION SECOND AYES Murphy Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The City Council adjourned at 5:43 p.m. It was announced the September 3,1996 Joint Meeting with the Orange Redevelopment Agency scheduled for 7:00 p.m. has been canceled as additional time is needed to prepare for a Joint Meeting. It will be necessary to continue the September 3,1996 meeting to September 10,1996 at 7:00 p.m, thus, no meeting will be held on September 3,1996. A Notice of Adjournment to the September 10,1996 meeting will be posted by the City Clerk as required by law.CASSANDRA l. CITY CLERK JOANNE C. COONTZ MAYOR Page 11