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09-24-1996 Council MinutesAPPROVED BY THE COUNCIL ON OCTOBER ~f CITY COUNCIL MINUTES OF A REGULAR MEETING L99b. ORANGE, CALIFORNIA SEPTEMBER 24, 1996 The City Council of the City of Orange, California convened on September 24,1996 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 Councilman Murphy 1.2 ROLL CALL PRESENT - Murphy, Barrera, Mayor Coontz, Slater ABSENT - Spurgeon NOTE: Councilman Spurgeon entered the meeting at 4:35 p.m.1.3 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS A presentation was made by Randy Bosch on the establishment of a Library Foundation.The purpose of the foundation is to create a non-profit corporation with tax exempt status to raise capital funds for the City of Orange public library system. This group will solely focus on fulfilling the policies and priorities set by the Library in picking proj ects for public funding. Those who have agreed to serve as the founding Board of Directors are Jack Schroeder, Phil Hummel, Pat Buttress, Kathleen Dormbach, Bill Cathcart and himself. All funds will go to the City of Orange; none of the directors or members will receive reimbursement for their activities.1. 4PROCLAMATIONS A proclamation honoring National Emblem Club Week, September 15-21, 1996 was presented to Phyllis Manning, President, Orange Emblem Club No. 418. 2.CONSENT CALENDAR Tape 216 2.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of September 24, 1996 at Orange Civic Center, Main Library, Police facility at 1107 North Batavia, the Eisenhower Park Bulletin Board and summarized on Time Warner Communications; all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said regular meeting. ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office ofthe City Clerk. CITY COUNCIL MINUTES SEPTEMBER 24, 1996 2. CONSENT CALENDAR (Continued) 2.2 Request Council confirmation of warrant registers dated September 6,10, 1996. ACTION: Approved. 2.3 Request Council approve City Council Minutes Regular Meeting of September 10, 1996. ACTION: Approved. 2.4 Consideration to waive reading in full of all Ordinances on the Agenda. ACTION: Approved. AGREEMENTS 2.5 Request Council approve an agreement with Metricom, Inc. to authorize the installation of a new wireless communication system in the City on City-owned street lights.A2l00.0 AGR-2684)FISCAL IMPACT: Estimated additional moneys to the General Fund should be approximately $7,500 to $10, 000 annually.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.REMOVED AND HEARD SEPARATELY)2.6 Request Council authorize the City Manager to execute an agreement with The Warner Group to assist in a Management of Information Systems Assessment in an amount not to exceed $46,413. (A2100. 0 AGR-2683)FISCAL IMPACT: None. This project was funded as part of the FY 96-97 budget.Account 780-1601-426700- 9640 (MIS Fund, Data Processing Department, Professional Services, Information Management Upgrade Project).NOTE: Councilman Murphy indicated he was advised by the City Attorney not to participate in discussions related to information systems or consulting products. ItemNos. 2.6,2.7 and 2. 14 are computer- based and related type items.MOTION - Slater SECOND - Spurgeon AYES - Barrera, Mayor Coontz, Spurgeon, Slater ABSTAIN - Murphy ACTION: Authorized the City Manager to execute on behalf of CITY COUNCIL MINUTES SEPTEMBER 24,1996 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEP ARA TEL Y) 2.7 Request Council authorize the City Manager to execute an agreement with The Warner Group to provide consulting services for the selection of a Utility Billing System in an amount not to exceed $32,357. (A2l00.0 AGR- 2682)FISCAL IMPACT: Funds for these services have been budgeted in Account 100-1231-426700 General Fund Finance Department Other Consulting Services.MOTION - Slater SECOND - Spurgeon AYES - Barrera, Mayor Coontz, Spurgeon, Slater ABSTAIN - Murphy ACTION: Authorized the City Manager to execute on behalf of the City.BIDS 2. 8 Request Council approve award of Bid No. 967-05 to Accurate Landscape and Maintenance in the amount of $122,016 for landscape maintenance service of the Santiago Hills (86-1) and Shadow Ridge (82-1) Landscape Maintenance Districts.A2l00.0 AGR-268l)FISCAL IMPACT: Funds are budgeted in Accounts 290-7026- 424301 $117,967.08-Irvine 86-1 Landscape Maintenance and 290-7025-427100 $ 4,048.92-Shadow Ridge Landscape Contractual Services.ACTION: Authorized the Mayor and City Clerk to execute on behalf ofthe City.2.9 Request Council approve the award of Bid No. 967-04 to Plant Control Landscape Maintenance, Inc., in the amount of $87,100 for landscape maintenance service of City facilities. (A2100.0 AGR- 2680)FISCAL IMPACT: Funds are budgeted in Account 100-7022-424301 (Landscape Maintenance-City Project).ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City.2.10 Request Council approve the award of Bid No. 967-07, North Main Street Storm Drain,to Steve Casada Construction, Inc. in the amount of$174,885.00. ( A2100.0 AGR-2679)FISCAL IMPACT: Funds are budgeted and available in Account No. 530-5011-483400-5330, $273,327. 06 (Capital CITY COUNCIL MINUTES SEPTEMBER 24, 1996 2. CONSENT CALENDAR (Continued) 2.11 Request Council approve the award of Bid No. 967-09 for Street Maintenance 1996-97 up to the budgeted amount of $450,000.00 to Copp Contracting, Inc. (A2l00. 0 AGR- 2554.A)FISCAL IMPACT: Funds are budgeted and available in the following accounts:262-5021-483300-3112 - $150, 000 (Arterial Street Maintenance)262-5021-483300- 3120 - $300,000 (Local Street Maintenance)ACTION: Authorized the Mayor and City Clerk to execute on behalf ofthe City.2.12 Request Council approve plans and specifications and authorize Public Works Department to advertise for bids for the construction of a storm drain on Milford Street from Santiago Creek north to Walnut Avenue. (C2500M.17)FISCAL IMPACT: The estimated cost for this project is $1, 200,000.00. Funds in the amount of$1,282,805.00 are budgeted in Account No. 530-5011-483400-5332 (Drainage District Storm Drain) and $35, 000 budgetedin 600-8041-474501-0000 ( Transmission &Distribution Improvements).ACTION: Approved.CLAIM 2.13 Connie Hubbert ( C3200. 0)ACTION: Denied claim and referred to City Attorney and Adjuster.CONTRACTS REMOVED AND HEARD SEPARATELY)2. 14 Request Council authorize the implementation of Phase II of the Information Management Upgrade Plan and approve the incremental expenditure of $200,073.C2500J.2)FISCAL IMPACT: None. This project was funded as part of the FY 96-97 budget. Account 780-1601- 470000-9640 (MIS Fund, Data Processing Dept., Capital Equipment,Information Management Upgrade Project).MOTION - Spurgeon SECOND - CITY COUNCIL MINUTES SEPTEMBER 24,1996 2. CONSENT CALENDAR (Continued) GRANTS 2.15 Request Council approve a Housing Accessibility Program Grant in the amount of 1,450.00 and a Homeowner Participation Program Grant in the amount of $1,802.53 for Case #617 and authorize the Finance Department to prepare a warrant. (C2500.G.l.3.4) FISCAL IMP ACT: Funds are budgeted in Housing Accessibility Account No. 316- 6053-427800-1222 and the Homeowner Participation Program Account No. 316-6053- 427800- 1221.ACTION: Approved.LOANS 2.16 Request Council approve a Deferred Payment Loan in the amount of $ 24,000 for Case 608 and authorize the Finance Department to prepare a warrant. (C2500. G.1.3.3)FISCAL IMPACT: Funds are budgeted in the Deferred Payment Loan Account No. 315-6052- 811801-0000.ACTION: Approved.PROJECT FUNDING 2.17 Request Council approve the submittal of eight proposed transportation improvement projects to the Orange County Transportation Authority under the combined Transportation Funding Program for fiscal years 1997-98 through 2001-02. (S4000.S. 3)See Item 2.20, Resolution No. 8697)FISCAL IMPACT: Four of eight proposed projects require City matching funds. La Veta Avenue, Chapman Avenue and Main Street projects are listed in the City's seven year Capital Improvement Plan (C.I.P.) and would be funded by Measure M Turnback,Gas Tax, Proposition 111, Transportation System Improvement and Mello-Roos Main Street Concourse funding programs. Katella Avenue signal interconnect could be added to the C.I.P. and funds allocated from the Transportation System Improvement funds.The total estimated cost of the project submittals is $ 9,454,000, of which $ 4,271, I CITY COUNCIL MINUTES SEPTEMBER 24, 1996 2. CONSENT CALENDAR (Continued) RESOLUTIONS 2.18 RESOLUTION NO. 8695 A Resolution of the City Council of the City of Orange repealing Resolution No. 8677 and approving the Memorandum of Understanding between the City of Orange and the Orange City Fire Fighters Inc. Local 2384 of the International Association of Fire Fighters, AFL-CIO concerning wages, hours and other terms and conditions of employment effective March I, 1996 through February 28, 1998. (C2500.J.4. 3)ACTION: Approved.2.19 RESOLUTION NO. 8696 A Resolution of the City Council of the City of Orange approving an application for 1997 discretionary grant funds from the California Integrated Waste Management Board for household hazardous waste collection. (C2500.M.l. l)ACTION: Approved.2.20 RESOLUTION NO. 8697 A Resolution of the City Council of the City of Orange approving the submittal of transportation improvement projects to the Orange County Transportation Authority for funding under the Combined Transportation Funding Program. (S4000.S. 3)See Consent Calendar Item 2. 17.)ACTION: Approved.2.21 RESOLUTION NO. 8698 A Resolution of the City Council of the City of Orange approving a Money Purchase Retirement Agreement and authorizing the Finance Director to execute necessary documents to amend the City's money purchase retirement plan. (A2l00.0 AGR-2678) ACTION: Approved.2.22 RESOLUTION NO. 8699 A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement; Bid No. 966-03; S. P. 3185; Hillcrest Contracting; inter-locking paver crosswalks. (A2l00. 0 AGR- l CITY COUNCIL MINUTES SEPTEMBER 24,1996 2. CONSENT CALENDAR (Continued) SPECIAL EVENTS 2.23 Request from St. Norbert's Church to conduct their annual OctoberFest on October 11, 12, & 13, 1996 on their property at 300 E. Taft Avenue. (P1300.0.9) FISCAL IMPACT: None. ACTION: Approved. 2.24 Request from St. John's Lutheran School Auxiliary to conduct their annual Fall Festival on Saturday, October 26,1996 at 515 E. Almond Avenue. (P1300.0.9) FISCAL IMPACT: None. ACTION: Approved. 2.25 Request from Evan's Gunsmithing to close off approximately one half of the 1900 block of N. Enterprize Street for their grand opening held on September 28, 1996 from 9:00 a.m. to 5:00 p.m. (p1300.0.10) FISCAL IMPACT: None. A security bond of $2,000 has been posted. ACTION: Approved. MOTION - Slater SECOND - Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Item Nos. 2. 6, 2.7 and 2.14 were removed and heard separately. All other items on the Consent Calendar 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 Tape 289 5.1 Accept the resignation of Joe Fortier, Orange Unified School District's representative, from the City Traffic Commission and appoint Mr. Fortier to fill the vacancy created by Bill Leming, term to expire 9/30/99. Instruct the City Clerk to begin Maddy Act requirements for the appointment of an Orange Unified School District Representative. (OR1800.0.l9)PAGE 7 CITY COUNCIL MINUTES SEPTEMBER 24,1996 5. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued) MOTION - Coontz SECOND - Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to accept the resignation of Joe Fortier as the OUSD representative; directed the City Clerk to begin Maddy Act requirements; and approved the appointment of Joe Fortier to fill the vacancy created by Bill Leming.6.ADMINISTRATIVE REPORTS Tape 304 6.1 Treasurer' s Report - Period ending August 31, 1996. (C2500.F)The Finance Director reported the invested balance for the period ending August 31 st was $109 million. At the end of July, the Local Agency Investment Fund balance was $5.5 million; ending August the Portfolio Yield to Maturity was 5.38%. The Market valueas percent of Portfolio was down slightly from July to 98.53%. The August report comes under the prior Statement of Investment Policy. As a result of the newly adopted Statement of Investment Policy, the most significant changes that will be seen on future reports will be the restricted investments, which will be limited to U. S Treasuries, agencies, the Local Agency Investment Fund, and AAA rated Money Market Mutual Funds. Also included will be language that will define any conflict of interests and comparative benchmark information.MOTION - Barrera SECOND - Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to receive and file.6.2 Report from Police Chief Robertson and Assistant City Attorney David De Berry on the impact of State law changes on Shopping Cart Ordinance No. 3-96. (A2500.0)The Assistant City Attorney reported the State adopted legislation which is intended to preempt all local ordinances regulating shopping carts. Under new State law, the City has to provide three days notice to the owners of shopping carts prior to their removal, with the exception of when the shopping cart interferes with the use of City streets or sidewalks, in which case the City may still remove the cart without notice. The three day notification provision only applies if the shopping cart has a fixed sign with the identifying information required by State law, which includes a phone number and address. The City can still recover the costs of removal and individuals can be cited for unauthorized removal. Under the new State law, the City can also cite the shopping cart owners for continued and repeated failures to retrieve their shopping carts.The new law will take effect January I, 1997 and has a sunset provision.PAGE 8 CITY COUNCIL MINUTES SEPTEMBER 24,1996 6. ADMINISTRATIVE REPORTS (Continued) The Police Chief explained that attempts to obtain bids for contracted shopping cart retrieval services upon their request were cost prohibitive. The Police Department is exploring the possibility of hiring a police cadet; obtaining a truck with a lift gate; and removing the carts on a regular basis. It is not economically feasible for individuals to pickup the carts under their own auspIces. Carole Walters, 534 N. Shaffer, asked if individuals are still being cited that are removing the carts? The Police Chief explained certain areas have been targeted by the foot/bike unit and approximately 80 citations have been written. MOTION - Slater SECOND - Coontz AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to continue to retrieve carts in accordance with the City's ordinances up through December 31, 1996 and direct staff to draft an ordinance for the October 22, 1996 meeting which is consistent with new State law. The ordinance would take effect on January 1, 1997 and include a provision permitting the City to retrieve carts or contract with a retrieval service for such retrieval without notice, but at a cost of no more than $5.00 per cart.7. REPORTS FROM CITY MANAGER - None 8. LEGAL AFFAIRS 8. 1 ORDINANCE NO. 22-96 An Ordinance ofthe City Council of the City of Orange amending Section 10.14.050 of Chapter 10.14 ofthe Orange Municipal Code pertaining to speed limits. (A2500.0)MOTION - Barrera SECOND - Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved that Ordinance No. 22-86 have first reading waived and same was set for second reading by the preceding vote.PAGE 9 j CITY COUNCIL MINUTES SEPTEMBER 24, 1996 8. LEGAL AFFAIRS (Continued) 8.2 ORDINANCE NO. 23- 96 An Ordinance of the City Council of the City of Orange amending Chapter 5.92 of the Orange Municipal Code relating to the regulation of news racks. (A2500. 0)MOTION - Murphy SECOND - Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved that Ordinance No. 23-96 have second reading waived and same was passed and adopted by the preceding vote.8. 3 ORDINANCE NO. 24-96 An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code relating to wireless communication antennas. (A2500.0) MOTION - Barrera SECOND - Spurgeon AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved that Ordinance No. 24-96 have first reading waived and same was set for second reading by the preceding vote.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS Carole Walters, 534 N. Shaffer, asked if anything has been done about the car stops in the senior citizen parking lot, indicating seniors have been hurt? She suggested painting or striping the car stops a different color which would make them more visible. Also, what is the status of the left turn signal at Palmyra Avenue and Tustin Street? Ms. Walters indicated she liked the recent mailer Mayor Coontz sent to residents of the City and asked the Mayor if she personally paid for it?The Director of Community Services responded Risk Management is evaluating the car stop issue and they are awaiting the results. The option of striping the stops will be discussed with the Risk Manager. The City Manager will discuss the Tustin Street left turn signal issue with the Public Works Director.Mayor Coontz explained the funds for the mailer were her own funds and not from citizens donations.PAGE 10 CITY COUNCIL MINUTES SEPTEMBER 24, 1996 10. ORAL PRESENTATIONS (Continued) Al Compton, 445 N. Lincoln Street, expressed concern with the widespread problem of loud car radios and tape decks on City streets. The Police Chief indicated there are Vehicle Code sections relative to sounds emitted from vehicles. The Vehicle Code is used for enforcement over the municipal code when possible, as it is less expense for the District Attorney's office to handle the tickets. The City gets little revenue from issuing these types of violations. The Interim City Attorney stated that in addition to the Vehicle Code, the City's ordinance controls other sources of noises in the City above a certain decibel level. The Ordinance could be amended to include a standard for "unreasonable" noise. Recent cases have been upheld that adds new authority to cities over noise control. 11. RECESS MOTION - Murphy SECOND - Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The City Council recessed to Closed Session at 5:20 p.m. for the following purposes:a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.b. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in Closed Session.7:00 P. M. SESSION 12.1 INVOCATION Reverend Peter Muschinski Christ Lutheran Church 12.2 PLEDGE OF ALLEGIANCE TO THE FLAG Councilman Spurgeon 12. 3 ANNOUNCEMENTS - None 12.4 INTRODUCTIONS - None 12.5 PROCLAMATIONS - None PAGE 11 CITY COUNCIL MINUTES SEPTEMBER 24, 1996 12.6 PRESENTATIONS Tita Smith, 69 N. Shaffer Street, presented an overview of the Pitcher Park Community Foundation's history and goals. The Foundation is comprised of 17 volunteers from the City. Their objective is to develop Pitcher Park as a cultural resource for the City. The Foundation has applied for a non-profit status and has seed money in the amount of$7,000 donated from the Pitcher family. Proposed projects and areas of focus for the Foundation will be educational tours, plantings, special events, fundraising, museum displays, honey house, fire museum,membership and newsletter. An open house will be held for the public on November 3'" from 12:00 p.m. - 3:00 p.m. Special thanks were given to Pam Doss, Community Services Liaison and Gary Wann, Director of Community Services and his staff. Acknowledgment was given for contributions and services provided by Dick Ginnaty, Police Chief Robertson, Weldon Fields and other private citizens. (OR1800.0.l0.l) 13. PUBLIC HEARINGS 13.1 AB 3229 - CITIZEN'S OPTION FOR PUBLIC SAFETY PROGRAMS (COPS),CITY OF ORANGE:Time set for a public hearing on petition by the City of Orange to consider AB 3229 - Citizen's Option for Public Safety Programs which provides $100 million statewide to supplement front-line law enforcement. The City is scheduled to receive $278,536. The bill requires the Chief of Police to submit a written proposal to the City Council detailing the proposed use of these funds which may only be used to support front-line law enforcement services and cannot supplant previously budgeted items or programs. (C2500.K)The Police Chief explained the $100 million was based on population and it is only a one time funding. Fourteen recommendations for use of the $278,536 were described as follows:I. Full-time Neighborhood Enhancement Specialist $45,000 2. Equipment for Neighborhood Enhancement Specialist $ 4,500 3. Part-time Armorer $18, 772 4. Part-time Report Analyst $ 37,544 5. Surveillance equipment for narcotics investigations and patrol officers $ 21,500 6. Mobile Recreation Center (Van) for Street Recreation Program $ 22,000 7. Teleminder Crime Notification and Prevention System $ 24,000 8. Equipment for Volunteer Program $ 4,250 9. Forensic Evidence Cabinet $ 8,500 10. Radio headsets for SWAT Team $ 5,600 11. Tape recorders for field officers $ 18,000 12. Hand held radios for Reserve Officers $ 12,000 13. Video recorders for patrol cars $ 50,000 14. Red man suite $ 3,000 In response to Mayor pro tern Barrera, the Police Chief explained the full-time Neighborhood Enhancement Specialist would improve the quality of life in the neighborhoods by assisting the Bicycle Patrol Team with code violations related to blight, i.e. vehicles parked on front CITY COUNCIL MINUTES SEPTEMBER 24, 1996 13. PUBLIC HEARINGS (Continued) peeling paint, exposed electrical wiring, and plumbing problems, which currently are a drain on police and fire services. The position will help coordinate and could eventually oversee various projects. MAYOR COONTZ OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. The City Manager commented that based upon Council's approval ofthis report, as a part ofthe compliance, the Fiscal Year 1996-97 budget is amended. This process will not be a part of next years budget as the regulations require that this budget be audited. A committee will review the recommendations and follow-up to insure the money was used to supplement, not to supplant,existing service levels. If funding becomes available next year, a separate budget will be proposed to Council which would also amend the budget, indicating they must be kept as two separate processes.MOTION - Coontz SECOND - Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to authorize the expenditure ofthe COPS Funds and amend the FY 96-97 budget for the listed purposes, allowing the Chief of Police the discretion to amend the plan as needed with the City Manager approval. All funds must be expended in accordance with the rules of AB 3229. 14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS - None 16. ADJOURNMENT MOTION - Murphy SECOND - Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The City Council adjourned at 7:40 p.m.CASSANDRAJ. C CITY CLERK JOANNE C. COONTZ MAYOR PAGE 13