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12-10-1996 Council MinutesI APPROVED BY THE CITY COUNCIL JANUARY 14, 1997 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING December 10, 1996 The City Council of the City of Orange, California convened on December 10, 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 Led by Councilman Mike Spurgeon 1.2 ROLL CALL PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - None 1.3 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Mayor Coontz complimented the Community Services Department on the successful Annual Christmas Tree Lighting Ceremony held in the Plaza.1.4 PROCLAMATIONS A proclamation was presented honoring Norma Jean Hockensmith, 1996 Athena Award recipient sponsored by the Central Orange County Alumnae Panhellenic.A proclamation was presented to Vince Ferragamo honoring him and his wife for their community service. 2.CONSENT CALENDAR Tape 300 2.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda ofa regular meeting of November 12, 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 of the City Clerk.2.2 Request Council confirmation of warrant registers dated November 26 and 29, 1996.ACTION: Approved. 2.3 Request approval of City Council Minutes Regular Meeting of November 26, 1996 and Adjourned Regular Meeting, December 3, 1996.PAGEl CITY COUNCIL MINUTES December 10,1996 2. CONSENT CALENDAR (Continued) ACTION: Approved. 2.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION: Approved. AGREEMENTS 2.5 Request Council approve a sewer agreement required by conditions for the City's approval of that connection. Joseph and Marlene Reta, owners of a residential parcel in the unincorporated County of Orange, have connected their home located at 8622 Palm Avenue to a City sewer located at Palm Avenue. (A21oo AGR- 2719)FISCAL IMPACT: No impact on budget. The County of Orange has paid all fees due for this sewer connection. The property owners of record will also pay a sewer charge which will be billed on a bi-monthly basis by the City of Orange Water Billing Division..ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.6 Request Council approve a two year Operating Agreement with Bank of America for the continuation of the Interest Subsidy Loan Program. (A2100.0 AGR-2327.A)FISCAL IMP ACT: Funds are budgeted in Account No. 310- 6054-464203-0000 Interest Subsidy Expenses).ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.7 Request Council approve a Professional Services Agreement with IWAEngineers in the amount of $54,486 for the preparation of plans and specifications for waterline relocation and construction related to the 1-5 Freeway widening, Segments A-2 & A-4. (A2100.0 AGR-2720)FISCAL IMP ACT: Funds are allocated in Account No. 601-8041-484101-8320 Pipeline Improvements for 1-5 Freeway. Major portions of work will be reimbursable from CaI Trans.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.REMOVED AND HEARD SEP ARATEL Y) 2.8 Request Council approve an amendment to the Master Joint Use Recreation Agreement between the City of Orange and Orange Unified School District. (A21oo.0 AGR- 2694)FISCAL IMPACT: None.The Director ofComrnunity ServiceslLibrary presented an overview of CITY COUNCIL MINUTES December 10,1996 2. CONSENT CALENDAR (Continued) Martin Jacobson, 137 N. Edgemark Circle, Anaheim, President of the Orange Unified School Board, indicated the Master Joint Use Agreement represents a cooperative effort between the City and the School District. Barbara DeNiro, (address on file), expressed concern with year-round schools; the visibility of a porta potty at California School on Cambridge; and the need for individuals to respect public and private property when usiBg City facilities.The Director of Community ServiceslLibrary explained the hours of operation the City will respond to will be after 3:00 p.m. until dusk or other times previously negotiated.The City will insure clean-up measures are taken.MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.BIDS 2. 9 Request Council approve and authorize the award of Bid No. 967-16 in the amount of 32,725 to Merzi Painting and Construction, Oceanside, CA. (A2100.0 AGR- 2721)FISCAL IMPACT: $32,725 is budgeted for painting of 3,850 Fire Hydrants in Account Number: 600-8041-42550 ( Maintenance of Hydrants).ACTION: Authorize Mayor and City Clerk to execute on behalf of the City.CLAIMS 2.10 CLAIMS FOR DAMAGES FROM: a. Donna Buckridge b. Harvey Buckridge c. Clyde Carrier d. Michelle Nguyen e. Christopher Tran, a minor f. Lisa Tran, a minor g. My Van Tran h. Peter Tran ACTION: Denied claims and referred to City Attorney and Adjuster. (C3200. 0) CITY COUNCIL MINUTES December 10,1996 2. CONSENT CALENDAR (Continued) CONTRACTS 2.11 Request Council award Bid No. 967-13 to Purkiss-RoselRSI Landscape Architecture Recreation and Park Planning for the architectural services for the new athletic ballfield facility in the amount of~69,OOO. (A21oo. 0 AGR-2722)FISCAL IMPACT: Funds are budgeted in Account Number. 510-7021- 481103-0143 Ballfield Relocation) $800,000.ACTION: Authorized Mayor and City Clerk to execute the contract on behalf of the City.2.12 Request Council award Bid No. 967-12 to Meyer and Associates for the base and add-alternate design plans of the Handy Park ConcessionlPicnic Shelter in the amount of 42,825. (A21oo.0 AGR-2723)FISCAL IMP ACT: Funds are budgeted in Account Number: 510-7021-481200-0017 Handy Park Concession) $23,000.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.13 Request Council approve a Professional Services Contract with UMA Engineering, Inc.,in an amount not to exceed $75,000 for Alignment Study and Summary Report on East Chapman Avenue from Crawford Canyon Road to Equestrian Drive. Proposals were received for the preparation of an alignment/feasibility study and summary report for the widening of the remaining unimproved portions of East Chapman Avenue. To facilitate future traffic demands in the East Orange area, Chapman will have to be widened to it's General Plan designated width. (A2100.0 AGR-2724) FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and available in the following Account: 285-5011-481102-4009 (TSIP East Orange) 345,000.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.14 Request Council approve a Professional Services Contract with Daniel Boyle Engineering, Inc., in the amount of $49,600 for the preparation of a computer network model of the City' s water system. (A2100.0 AGR-2725) FISCAL IMPACT: Funds are 1 I CITY COUNCIL MINUTES December 10,1996 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEPARATELY) 2.15 Request Council approve a Professional Services Contract with UMA Engineering, Inc., in the amount of $58,760 for rehabilitation of Tustin Street from Collins Avenue northerly to Bixby Avenue. This is a Local Surface Transportation Program (LSTP) project with Federal funding requiring plans, specifications, and estimates (PS&E) conformance to Federal guidelines. (A2100.0 AGR- 2726)FISCAL IMP ACT: Fun~ are budgeted in the following Accounts: 262-5011-483399-4024 - 50% - $60,000 (Local Surface Transportation Program) and 262-5011-483300-4024 - 50% - $60,000 (Measure M Tumback Funds).Mayor Coontz asked if the project would accommodate bus bays or if there would be a possibility for bus bays in the future? The Director of Public Works explained the project does not involve bus bays, which are independent of this type of work and would require additional right-of-way and relocation of curbs and gutters, however, some locations have been identified.Barbara DeNim, (address on file), inquired when underground utilities will be installed on Tustin and Katella.The Director of Public Works responded an underground utility project is now being completed on Tustin and Katella.MOTION - Mayor Coontz SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Authorized Mayor and City Clerk to execute on behalf of the City. 2.16 Request Council award a contract for ADA Wheelchair Ramps-Various Locations, Bid No. 967-17, S. P. 3190 in the amount of $131,975.86 to Nobest Incorporated, P. O. Box 874, Westminster, CA 92684. (A2100. 0 AGR-2727)FISCAL IMPACT: Funds are budgeted in Account No: 310- 6059-485100-1328-16113 230,000 (CDBG)ACTION: Authorized Mayor and City Clerk to execute on behalfof the City.REMOVED AND HEARD SEP ARATEL Y)2.17 Request Council award a contract with Griffin Grant Writing and Consulting Inc., with a 75,000 retainer for grant writing and consulting services. (A2100.0 AGR-2728)FISCAL IMPACT: $75,000 retainer fee will be funded jointly from the existing budgets of the departments that are most likely to use the consultant services. No other costs will be incurred CITY COUNCIL MINUTES December 10, 1996 2. CONSENT CALENDAR (Continued) The City Manager explained the contract is currently being negotiated and urged Council to award the contract to Griffin Grant Writing and Consulting, Inc. at this time. All grants will be reviewed for their appropriateness so as not to incur any additional obligation on the General Fund. The Police Chief explained Griffin Grant Writing and .Consulting, Inc. seeks primarily federal grants and has been successful with many cities and counties in obtaining grant funds and matching grant requirement funds. Existing grant monies could be used to pay for the 20% match requirement for a $1.2 rnillion upgrade of the Police Department's Records Management System and Computerized Dispatch System. The $75,000 retainer fee with interest would be refunded if Griffin Grant Writing and Consulting, Inc. is unsuccessful in delivering the grant monies. MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Authorized City Manager to execute and negotiate the contract on behalf of the City.2. 18 Request Council approve a request from the apparent low bidder, Southland Construction Co., to withdraw its bid and consent to relieve it from entering into a contract pursuant to California Public Code, Sections 5101 & 5103. Request Council award a contract for annual service for concrete replacement - various locations - Fiscal Year 1996-97, Bid No. 967-18, in an amount not to exceed $80,000 to the second low bidder, Nobest Incorporated, P. O. Box 874, Westminster, CA 92684. (A2100.0 AGR-2729)FISCAL IMP ACT: Funds are budgeted in Account No. 262-5021-4271 00-0000 - 85,600 (Measure M - Turnback Funds).ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2. 19 Request Council reject all bids for Bid No. 967-19, S.P. 3077 and authorize staff to re- advertise for demolition and right-of-way clearance of 490 South Main Street and 1435 West La Veta Avenue. (B4000. 0 BID-967-19) FISCAL IMP ACT: None. l rtllT-. CITY COUNCIL MINUTES December 10, 1996 2. CONSENT CALENDAR (Continued) GRANTS 2.20 Request approval of a Housing Accessibility Program Grant in the amount of $1,500 for Case #621 and authorize the Finance Department to prepare a warrant. (C2500.G.1.3.4) FISCAL IMP ACT: Funds are budgeted in the Housing Accessibility Program Account No. 316- 6053-427900-1222.ACTION: Removed for future consideration.2.21 Request approval of a Homeowners Participation Program Grant in the amount of $1 ,000 for Case #622 and authorize the Finance Department to prepare a warrant.C2500.G. 1.3.l)FISCAL IMPACT: Funds are budgeted in the Homeowner Participation Program Account No. 316-6053-427800- 1221.ACTION: Approved.PASS THROUGH FUND 2.22 Request Council appropriate Pass Through Fund $ 30,000 for Annual Services of Geotechnical Consulting Firm, Earth Mechanics, Inc., to Account Number: 100-5012-426700. Fund establishes a mechanism to pay for services invoiced by consulting geotechnical firm for work performed on private development projects. Invoiced amounts are collected from private developer for reimbursement to City. (A2100. 0 AGR-2688)FISCAL IMPACT: None.ACTION: Approved.PUBLIC CONVENIENCE AND NECESSITY REMOVED AND HEARD SEP ARATEL Y)2.23 Staff recommends that the City Council make the finding that public convenience and necessity will be served by approving an alcoholic beverage license for the sale of beer and wine at a new mini-market located at 1234 N. Main Street. ( CITY COUNCIL MINUTES December 10, 1996 2. CONSENT CALENDAR (Continued) The Director of Community Development explained the project was approved approximately two years ago. The building has been vacant for a long period oftime and now desires to open which requires the finding for the public convenience and necessity. MOTION - Slater SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Approved.RESOLUTIONS REMOVED AND HEARD SEP ARATEL Y)2.24 RESOLUTION NO. 8720 A Resolution of the City Council of the City of Orange repealing Resolution No. 8690 and approving the Memorandum of Understanding between the City of Orange and the City of Orange Police Association concerning wages, salaries, and other terms and conditions of employment, effective March 1, 1996 through November 30, 1998.C2500.J.4. 2)TheDirector of Personnel requested Council approve changes to Page 19 of Resolution No. 8720.MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Approved with corrections.2.25 RESOLUTION NO. 8722 A Resolution of the City Council of the City of Orange approving the adoption of a Mortgage Credit Certificate Program by the Orange Redevelopment Agency in cooperation with the County of Orange, authorizing an application by the County on behalf of the Orange Redevelopment Agency to the California Debt Limit Allocation Committee for an allocation of authority to issue mortgage credit certificates and transfer ofsuch allocation to the County of Orange. (RA2100.0 AGR-2730)Discussion: Barbara DeNiro, (address on file), requested an explanation of the item.PAGE 8 CITY COUNCIL MINUTES December 10, 1996 2. CONSENT CALENDAR (Continued) The Housing Manager explained that the County issues bonds and the proceeds provide first time home buyers assistance to City residents. The Mortgage Credit Certificate Program allows City participation in County operated programs, as the City no longer has its own program. ACTION: Approved. SPECIAL EVENTS REMOVED AND HEARD SEP ARATEL Y) 2.26 Request from NOW (National Organization of Women) to conduct their annual candlelight vigil around the Plaza on Wednesday, January 22, 1997 from 6:30 p.m. to 7:30 p.m.. (p1300.0.9) FISCAL IMPACT: None. Mayor pro tem Slater commented for the record: "1 do not deny now the opportunity to conduct a public vigil in our Plaza. 1 think that is their right. 1 regret not having said something about this the last two years. 1 take personal exception with the reason that they are having this public vigil. 1 personally would rather see them do this in another City". Mayor Coontz requested the Interim City Attorney explain the First Amendment rights. The Interim City Attorney indicated the City Council may not discriminate based on the content of the people's speech, although the Council may disagree with the message. MOTION - Mayor Coontz SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Approved.MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez 1 Item No 2.20 was removed from the Agenda. Item Nos. 2.8, 2.15, 2.17, 2.23, 2.24 and 2.26 were removed and heard separately. The remaining Consent Calendar items were approved as recommended.END OF CONSENT CALENDAR PAGE 9 mTni CITY COUNCIL MINUTES December 10,1996 URGENT ITEM - ReqJlest for Councilman MUQ)hy to Leave the State Tape 977 MOTION SECOND AYES Murphy Mayor Coontz Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that the Request for Councilman Murphy to Leave the State be added to the agenda as it came to Council' s attention subsequent to the posting of the agenda.MOTION SECOND AYES Mayor Coontz Slater Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve Councilman Murphy's request to leave the State on business from December 11-12,1996 and December 25- 31,1996.3. REPORTS FROM MAYOR COONTZ Mayor Coontz reported she spoke today on Council's behalf to the Board of Supervisors regarding the El Toro Re-Use.4. REPORTS FROM COUNCILMEMBERS - None 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6.ADMINISTRATIVE REPORTS Tape 1 6.1 Appeal of the City Traffic Commission's decision denying the request for turn restrictions at Meats Ave. and Shaffer St. (Continued from November 12, 1996)S4000.S.3.3)Mayor pro temSlater did not participate in this item due to a conflict of interest, a sale in escrow on Shaffer Street.The Director of Public Works presented a report on the Police Department and Traffic Engineering staff's evaluation of the traffic conditions on Shaffer Street. Recommendations were made to improve the existing conditions focusing on vehicular speed and cut-through traffic. The recommended a1temative would modify the traffic signal at the intersection of Orange-Olive Road and Meats Avenue to add left turn phasing for the westbound Meats Avenue traffic. This split phase signal will allow straight through and left turn movements each direction to move at different times in the sequence. The estimated cost for the improvements is $7,000.This alternative has the potential for encouraging traffic to utilize the arterial street systern and improves the safety situation at the intersection of Meats Avenue and Orange-Olive Road. It will take approximately two to three months to implement the alternative because of design work,bidding of the contract, and the installation. The implementation of the recommended alternative does not preclude doing one or more of the other suggested alternatives if it is unsuccessful.However, this alternative should be done first because it has the potential for solving more than one problern without unduly inconveniencing residents in the area. A follow-up study will be PAGE 10 I'!...I i nnrn CITY COUNCIL MINUTES December 10, 1996 6. ADMINISTRATIVE REPORTS (Continued) done six-months after the completion of the traffic signal installation to assess the impact. A report will be brought back to Council with a request for direction before additional action or alternatives would be undertaken.Dan Graupensperger, 2029 N. Shaffer, expressed concern with children walking to school during the morning hours with the cut-through traffic on Shaffer Street.Councilman Spurgeon requested a Council policy for speed humps. The Director of Public Works responded the Traffic Commission approved a set of guidelines and standards which were tabled in August, 1994 due to lack of required neighborhood support. The guidelines require the two residents on either side of the speed hump on both sides of the street to agree and 90%support within the block where the speed humps would be installed.Carole Walters, 534 N. Shaffer, indicated in 1989 speed bumps were requested on Orange and Grand Streets and the City refused them. The Director of Public Works explained that in 1989 they were a different type of speed bump and it was indicated the issue will be brought back.Councilman Murphy expressed support of the concurrent use of Alternative III outlined in the staff report with the recommended alternative. Mayor Coontz responded barricades could cause a safety concern for children attending Taft School if traffic were re- routed onto Cambridge Street. The Taft School area has been a difficult situation because of its curves, dips, and lack of adequate parking. The Director of Public Works explained that a barricade is unpredictable in terms of what will happen with traffic patterns, without a baseline study. There would also be an enforcement issue associated with the concurrent use of Alternative III.Geneva Fulton, 456 S. Main Street, reported on the beautiful speed bumps on Santiago Road north of Seventeenth Street in Santa Ana.MOTION - Mayor Coontz SECOND - Spurgeon AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez ABSTAIN - Slater Moved to authorize the Public Works Department/TrafficEngineering to implement "Alternative IV" to modify the traffic signal at the intersection of Meats Avenue and Orange Olive Road;evaluate the affects of "Alternative IV"; direct the Police Department to maintain increased enforcement activities on Shaffer Street depending on their priorities and availability of resources; and request additional information on the temporary prohibition of barriers be brought back to Council at the January 14,1996 meeting.PAGE 11 CITY COUNCIL MINUTES December 10,1996 6. ADMINISTRATIVE REPORTS (Continued) 6.2 Report from the Director of Community ServiceslLibrary requesting Council approve: (1) the findings of the energy audit performed by AirCon Energy Services, Inc., of all mechanical and lighting systems; (2) implementation of mechanical and lighting systems at specific City facilities in the amount of$974,389; (3) authorize payment to AirCon Energy Services, Inc., in the amount of $40,000 for completion of the energy audit per the consultant agreement; (4) authorize the City Manager to prepare a designlbuilt contract with AirCon Energy Services, Inc., for the construction and implementation of the mechanical and lighting retrofit; and (5) appropriate $329,389 from Unappropriated Funds (Building Maintenance). (p2500.0) The Director of Community ServiceslLibrary reported on the problems and concems with City- owned and operated facilities and buildings, indicating that AirCon Energy Services, Inc. has the expertise to handle the comprehensive approach needed for the maintenance and upkeep of the City facilities. The Community Services Manager reported on the comprehensive technical audit performed by AirCon Energy Services, Inc. with findings related to the heating, air conditioning, and lighting systems throughout all City facilities. Scott Slavinsky, President of AirCon Energy Services, Inc. reported the goal of the study is to modernize the old heating and cooling systems, increase the efficiency of the systems, improve occupant comfort, and do so in such a way that the savings pay for the cost of the project. The problems, options and solutions were looked at for each facility. Many of the City's heating and cooling systems are past their useful life. It is estimated that approximately $187,000 could be saved annually, or approximately 23% of total energy costs, if the recommended measures are implemented. Under the design/built contract, AirCon would design the retrofits, obtain bids for the work, work with staff to select the companies to do the work, which is mostly sub- contracted out to local contractors. The economics are approximately $1 million for Phase I; approximately 76,000 a year in savings, with an approximate 13 year pay back.In response to Councilman Murphy, Mr. Slavinsky explained the standard used for determining the useful life of equipment. It was clarified that the proposed equipment will pay back in energy costs long before its useful life is worn out. The annual savings are a combination of repair costs and energy costs savings.Mayor Coontz asked if the conservative approach to the cost savings has to do with deregulation and the process for reduced costs. Mr. Slavinsky explained the criteria in the energy contract statute says the project must pay for itself. If AirCon Energy Services, Inc. is aggressive in estimating cost savings and it doesn't pay foritselffor the life of the equipment, the intent is not being met. Mayor Coontz responded that one of the reasons for deregulation is that it would be smart to cut back.PAGE mTn CITY COUNCIL MINUTES December 10,1996 6. ADMINISTRATIVE REPORTS (Continued) Phase I of the project includes: Mechanical system modifications to the Police headquarters building Mechanical system modifications to the Fire headquarters building Mechanical system modifications to the Main Library building Mechanical system modifications to the Senior Citizen building Lighting system in the Police headquarters building Lighting system in the Fire headquarters building Lighting system in the Main Library building Phase II only suggests but does not make recommendations at this time. Tim Hayes, Vice President of AirCon Energy Services, Inc., in response to Councilman Murphy, explained there is little savings from the Energy Management System at the Fire headquarters and Main Library. At the Police headquarters, almost all of the savings are a result of the Energy Management System, as the building is extremely poorly controlled. Mayor Coontz expressed concern and suggested a policy be prepared for future repair and/or replacement of equipment. The City Manager explained Council adopted a goal which includes an Equipment and Facility Maintenance and Replacement Program for repair and replacement of equipment, similar to that which was used in the past for vehicle replacement. Councilman Murphy expressed concern with the deregulation of power, projections in terms of power cost savings, and the volatility of the market. MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve the findings of the energy audit performed by AirCon Energy Services, Inc. of the mechanical and lighting system; implementation of the mechanical and lighting systems at specific City facilities in the amount of $974,389 subject to any particular changes in priority, in the case of another sort of a fatality amongst our antiquated systems that it may have to be re-prioritized on the basis of something that could go down tomorrow; authorize payment to AirCon Energy Services, Inc. in the amount of $40,000 for completion of the energy audit per the consultant agreement; authorize the City Manager to prepare a design/built contract with AirCon Energy Services, Inc. for the construction and implementation of the mechanical and lighting retrofit; and appropriate $ 329,389 from Unappropriated Funds (Building Maintenance).6.3 Report from the Direetor of Community Development concenaing a Deferred Payment Loan in the amount of $35,000 for Case # 617 and authorize the Finance Department to prepare a warrant. (C2500.G.1.3.3)PAGE 13 CITY COUNCIL MINUTES December 10,1996 6. ADMINISTRATIVE REPORTS (Continued) The Housing Manager explained the current guidelines for the Deferred Payment Loan program are at $25,000, however, this case will exceed that limit. It has been Council's past policy to approve exceeding the $25,000 limit. The loan is interest bearing and interest and principal are repayable in full. The loan is based on an estimate of cost. The homeowner would only be loaned the amount necessary to complete the project, which has not been bid. Payment goes to the contractor only for the costs which are part of the rehabilitation process. MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve a Deferred Payment Loan up to $35,000 for Case No. 617 and authorize the Finance Department to prepare a warrant.7. REPORTS FROM CITY MANAGER - None 8.LEGAL AFFAIRS Tape 1695 8.1 ORDINANCE NO. 25-96 An Ordinance of the City Council of the City of Orange repealing Chapter 8.06 of the Orange Municipal Code and replacing it with a new Chapter 8.06 relating to the abatement of unattended shopping carts. (A2500. 0)MOTION SECOND AYES Slater Murphy Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 25-96 have second reading waived and be adopted and same was passed and adopted by the preceding vote.8.2 ORDINANCE NO. 27- 96 An Ordinance of the City Council of the City of Orange establishing Term Limits for the Offices of City Council and Mayor. (A2500.0)MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 27-96 have first reading waived and same was set for second reading be the preceding vote.PAGE 14 I rnTn CITY COUNCIL MINUTES December 10, 1996 8. LEGAL AFFAIRS (Continued)8. 3 ORDINANCE NO. 28-96 An Ordinance of the City Council of the City of Orange amending Title 15 of the Orange Municipal Code relating to exemptions from the requirement of building and relating permits. A2500.0) MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 28-96 have second reading waived and be adopted and same was passed and adopted by the preceding vote.8.4 ORDINANCE NO. 31-96 An Ordinance of the City Council of the City of Orange amending the Southridge Area XX Planned Community District Text for property situated north of Serrano Avenue and east of Loma Street. (Z1500.0 ZCG-1180- 96)Zone Change 1180-96 Standard Pacific of Orange County MOTION SECOND AYES Slater Spurgeon Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 31-96 have second reading waived and be adopted and same was passed and adopted by the preceding vote. 8.5 ORDINANCE NO. 32- 96)An Ordinance of the City Council of the City of Orange repealing Chapter9.16 of the Orange Municipal Code and replacing it with a new Chapter9.16 relating to the prohibition of drinking in public. (A2500. 0)The Interim City Attorney explained the proposed Ordinance would amend the drinking in public ordinance to specifically define public place. It will also delete an existing prohibition on the possession of alcoholic beverages in certain public places. Generally State law controls matters pertaining to alcoholic beverages. The City does have the authority to regulate drinking in public. The City currently has an ordinance which bans drinking in public, but public places have not been specifically defined. As a consequence, the City has recently lost prosecutions in court. State statutes have found that public areas for the purposes of being drunk in public or being under the possession of drugs in public include parked cars, hallways of apartment buildings, driveways, porches and front lawn areas. The Ordinance defines the areas in which you may not drink in public which include publicly owned property, public parks, school PAGE CITY COUNCIL MINUTES December 10,1996 8. LEGAL AFFAIRS (Continued) grounds, recreation and playgrounds, parking lots open to the public, front yard and driveway areas of residential areas not enclosed by a fence, common areas and hallways of condominiums, motels, hotels and homeowners associations, and parked vehicles in any of the foregoing places. It is also requested that apartment buildings be added to the list with condominiums and motels. If the Ordinance is passed, the prohibition on possession of alcoholic beverages in public will be deleted because it is controlled by the State. Mayor Coontz requested that the Police Chiefs explanation of how the Ordinance would be applied is important and should be included in the minutes for future reference. The Police Chief explained that only in aggravated situations would enforcement be done on individuals drinking on their front porches or lawns. The police department has had the right for this type of enforcement and it has not been misused to this point. The Ordinance will not change the way in which the Section of the Orange Municipal Code is enforced. Most alleys are public and private alleys would be considered common areas. The law was changed approximately fifteen years ago to where a police officer cannot be a victim of disturbing the peace but situations can be recognized. It was explained that that police will get involved in common areas that are loud and boisterous with a potential problem. The criteria for new events with alcohol would be handled according to the nature of the event. Individuals requesting a special event are required to obtain an alcohol permit with the City and with State Alcoholic Beverage Control. The Interim City Attorney confirmed it would be a technical violation for a person drinking alcohol in front of their property as the law must apply uniformly. A lot of discretion is used by the officer as to when the law is and is not enforced. The back yard of a person's property and the house itself would be in a zone of privacy in which the police would need a warrant to enter. The police could not look over the fence, enforcement would only be in the front yard area that is not enclosed. MOTION - Mayor Coontz SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 32-96 have first reading waived and same was set for second reading by the preceding vote; inclusion of the explanation from the Police Chief regarding the adherence to the Ordinance; and include "apartment building" to the defined areas. /"'.8.6 ORDINANCE NO. 33-96 An Ordinance of the City Council of the City of Orange amending Chapter 5.35 of the Orange Municipal Code regarding the provision of ambulance services. (A2500.0)The Interim City Attorney indicated the purpose for this Ordinance is in case the Urgency Ordinance adopted on November 26, 1996 is invalidated.PAGE 16 1 mrn CITY COUNCIL MINUTES December 10, 1996 8. LEGAL AFFAIRS (Continued) MOTION - Spurgeon SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez 1oved that Ordinance No. 33-96 have first reading waived and same was set for second reading by the preceding vote.8.7 ORDINANCE NO. 34-96 An Ordinance of the City Council of the City of Orange amending Chapter 8.36of the Orange Municipal Code regarding weed and rubbish control. (A2500.0)MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 34-96 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 - None 11. RECESS The City Council recessed to a Closed Session for the following purpose:a. To consider and take possible action upon such other matters are as 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 Interim City Attorney announced there was no need for a Closed Session.12. ADJOURNMENT MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Slater The City Council adjourned at 6:34 p.m. in memory of Dick Gould, Orange Camera.CAJ~.tGVt/'~CASSANDRA J. THCART, CMC CITY CLERK PAGE17