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09-12-1995 Council MinutesAPPROVED BY THE CITY COUNCIL ON SEPTEMBER 26, 1995. CITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA September 12, 1995 The City Council of the City of Orange, California convened on September 12, 1995 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 Mark Murphy 1.2 ROLL CALL PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT - None 1.3 APPROVAL OF MINUTES Regular Meeting August 22, 1995.MOTION - Barrera SECOND - Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.1.4 PRESENTA TIONSI ANNOUNCEMENTSI INTRODUCTIONSMayor Coontz announced the City Manager, David Dixon, passed away on September 10,1995. A memorial service will be held at City Hall on September 14, 1995 at 3:00 p.m.with a reception following in the Weimer Room. The funeral will take place on September 16, 1995 at the LDS Church, Anaheim Sixth Ward, 5275 E. Nohl Ranch Rd., Anaheim.The viewing is at 10: 00 a.m. followed by the funeral at 11 :00 a.m. and burial at Fairhaven Cemetery in Tustin.The following resolution was adopted: RESOLUTION NO: 8518 A Resolution of the City Council of the City of Orange honoring the memory of City Manager David F. Dixon for his outstanding contributions to the City of Orange.C2500.E)MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Resolution No. 8518 as introduced be adopted and same was passed and adopted by the preceding vote.PAGE 1 CITY COUNCIL MINUTES September 12, 1995 1.5 PROCLAMATIONS Rosanne Miller, Library Literacy Manager was presented a Proclamation honoring National Literacy Month, Septen1ber, 1995. April Fauls, representing the ABW A was presented a Proclamation honoring American Business Women's Day in Orange, September 22, 1995. 2.CONSENT CALENDAR TAPE 304 2.1 Declaration of City Clerk, Cassandra 1. Cathcart, declaring posting of City Council agenda of a regular meeting of September 12, 1995 at Orange Civic Center, Main Library, Police facility at 1107 North Batavia and the Eisenl10wer Park Bulletin Board; 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 August 22 and 25, 1995. ACTION: Approved. REMOVED AND HEARD SEPARATELY) 2.3 CLAIMS FOR DAMAGES FROM: (C3200.0) a. Steven Miller b. Marilyn Dunger dba Dunger & Associates c. James E. Dunger d. David L. Carpenter e. Michelle Hughes FISCAL IMPACT: None. The City Attorney advised the litigation process has been initiated on Mr. Miller's case and this is not the forum to resolve the legal issues. It was recommended Council not engage in any dialogue. The recommended denial of the claim does not mean that the City Cam10t continue to meet with Mr. Miller's Attorney, Mr. Daily. The City will continue to meet with Mr. Daily, on an attorney to attorney basis. The recommendation begins the statute of limitations for filing in court. The following people spoke: James Daily, Reinecke & Daily, 4100 Newport Place, Ste. 920, Newport Beach, Attorney for Steven Miller, related the incident which resulted in the claim filed. Kristy Miller, 2960 Champion Way, #2704, Tustin, wife of Steven Miller, spoke on the behavior of the City's Police Officers that investigated the case. PAGE 2 CITY COUNCIL MINUTES September 12, 1995 2. CONSENT CALENDAR (Continued) Steven Miller, 2960 Champion Way, #2704, Tustin, recounted the incident and issues related to the case. James Dunger 1800 E. Garry Ave., #107, Santa Ana, spoke on his claim. MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Denied claims and Application for Permission to Present Late Claim and referred to City Attorney and Adjuster.2.4 RESOLUTION NO. 8513 A Resolution of the City Council of the City of Orange amending and revising the master schedule offees and charges as authorized by Orange Municipal Code Chapter 3.10.C2500.J.1. 0.l)ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.5 RESOLUTION NO. 8514 A Resolution of the City Council of the City of Orange authorizing certain staff to receive state and federal hazard mitigation grant funds on behalf of the City. (C2500.H)Barbara DeNiro, 1118 E. Adams, requested an explanation of the funds.The Fire Marshall explained the grant funds are from the State and Federal governR1ent providing financial assistance for the Hazard Mitigation Grant Program which includes earthquake retrofitting of certain buildings and asbestos removal at City Hall.MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.REMOVED AND HEARD SEPARATELY) 2.6 RESOLUTION NO. 8515 A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement. ( A2500.0.Agr.2321)Bid No. 945-03, Ecology Construction, Inc.Construction of Fire Hydrants at Orange Mobile Home Park, 1931 Meats Ave.PAGE 3 CITY COUNCIL MINUTES September 12, 1995 2. CONSENT CALENDAR (Continued) Carole Walters, 534 N. Shaffer, acting resident of Orange, thanked the Fire Department and ChiefRudat on behalf of an 87 year old lady who had no water pressure. All the residents of the mobile home park appreciate the City's assistance. MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.2. 7 Request Council accept a check in the amount of $2,600 from Target Stores and appropriate same to General Fund Contractual Services Account No. 100-7011-427800 for the Concert in the Park series. (C2500.N)FISCAL IMPACT: $2,600 check to be deposited to Revenue Account No. 100-7011- 293900 and appropriated to Account No. 100-7011-427800 (Other Contractual Services)for payment of band perfonnances. ACTION: Approved.2.8 Request Council accept a conservation easement, for the purpose of preserving habitat areas and significant native vegetation located within the Crawford Hills Development project. The easement is being granted to fulfill the conditions of project approval requiring compliance with the Federal Endangered Species Act, and in accordance with the requirements of the U. S. Fish and Wildlife Service. ( 04000.0)FISCAL IMPACT: None. All maintenance of the easement area is the responsibility of the underlying property owner. ACTION: Approved.REMOVED AND HEARD SEP ARATEL Y)2.9 Request to remove the pedestrian crosswalk at the intersection of Walnut Ave. and Hamlin St.FISCAL IMPACT: Funds are budgeted in General Fund Account No. 100- 5032-427100 Contractual Services).MOTION - Spurgeon SECOND - Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to remove this item from the agenda as recommended by the City Traffic Engineer.ACTION: Approved.PAGE CITY COUNCIL MINUTES September 12, 1995 2. CONSENT CALENDAR (Continued) 2.10 The Planning Commission recommends the City Council find that public convenience and necessity will be served by the issuance of an alcoholic beverage license to allow for the off-sale of alcoholic beverages at the proposed Sav-On Drug Store at the northwest comer of Tustin Street and Meats Avenue, within the Orange Mall development.p1300. 0.2)FISCAL IMPACT: The application fee collected for Conditional Use Permit 2119-95 offsets the cost of processing the project through the public hearing process.ACTION: Approved.2.11 Request Council allocate $16,016 from Unallocated Reserves of the General Fund for the jail booking fees that were incurred between July I and 20, 1995. (C2500.K)FISCAL IMPACT: This will deplete the Unallocated Reserves of the General Fund by 16,016. Funds should be allocated to Account No. 100-4001- 466100 (General Fund-Jail Booking Fees).ACTION: Approved.2.12 RESOLUTION NO. 8511 A. Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 95-8 adjusting a Lot Line of certain real property situated at 743 and 759 N. Eckhoff Street. (C2500.M.16.1)ACTION: Approved.2.13 Request from Leamon and Ruth Kearney, and Jan Allnutt, owners of residential parcels in the unincorporated County of Orange, to connect their properties to the existing City sewer. (A2100.0.Agr.2481, 2482)Locations: 15561 and 15571 Cully Drive FISCAL IMPACT: None.ACTION: Authorized Mayor and City Clerk to execute agreements on behalf of the City.REMOVED AND HEARD SEPARATELY)2.14 RESOLUTION NO. 8516 A Resolution of the City Council of the City of Orange upholding the recommendation of the Planning Commission of the City of Orange and granting a Conditional Use Permit to allow weekly bingo games upon property situated at 170 CITY COUNCIL MINUTES September 12, 1995 2. CONSENT CALENDAR (Continued) Applicant: Orange Elderly Services, Inc. CUP No. 2113- 95 Councilman Slater abstained from this item due to a conflict of interest.Barbara DeNiro, 1118 E. Adams, asked for an explanation of the State law regulating smoking in the work place and public places, and further asked if the fact that they would be serving food in this building violates any law?The City Attorney responded that a provision is included in the resolution that all State laws regulating smoking in the work place will be followed. The question of serving food is not a legal problem.MOTION - Spurgeon SECOND - Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon ABSTAINED: Slater ACTION: Approved. 2.15 RequestCouncil approve Notice of Agreement to Transfer Contract that identifies the Orange County Fire Authority as the successor to the Orange County Fire Department.A2100.0. Agr.l049)FISCAL IMPACT: None.ACTION: Authorized City Manager to execute on behalf of the City.REMOVED AND HEARD SEPARATELY)2.16 RESOLUTION NO. 8512 A Resolution of the City Council of the City of Orange amending the Executive Management, Staff Management, and Labor Confidential Resolution No. 8362 to increase the salary ranges for the positions of Community Services Director from Range 557 5737 - $7357) to Range 584 ($6564 - $8418) and the Fire Chief from the current range 579 ($6403 - $8211) to Range 584 ($6564 - $8418) effective September 12, 1995.C2500.J.4.6)Barbara DeNiro, 1118 E. Adams, requested an explanation ofthe $11,600 under fiscal impact in the backup report, furlough and compaction problems.PAGES CITY COUNCIL MINUTES September 12, 1995 2. CONSENT CALENDAR (Continued) The Interim Personnel Director explained it was the difference between the current and new salaries based on the remainder of this fiscal year. The Community Services Director is subject to the furlough which is a 10% reduction. The figures do not reflect the 10% reduction. Compaction refers to the fact that one salary is too close to the subordinate position, with little difference between salaries. MOTION - Slater SECOND - Spurgeon AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.2. 17 Request Council approve the purchase ofa Von Arx Model VA25S Grinder and FR200 Cutters and appropriate the necessary funds from unappropriated Special Gas Tax Fund Reserves Account 271 to Account No. 271-S021-471302 (Equipment Replacement).C2S00. M.8)FISCAL IMP ACT: Funds for this minor capital equipment acquisition were not budgeted in the I 99S/96 Fiscal Year. A transfer from Unappropriated Special Gas Tax Fund Reserves Account 271 to the Equipment Replacement Account No. 271-S021-471302 in the amount of$7,000.00 will be necessary if this request is authorized.ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.18 Request Council approve assistance to Mr. and Mrs. Dehm for moving, rental assistance and related expenses to vacate 491 S. Alpine which was purchased by the City in February, 1995. (A21oo.0.Agr. 23S0)FISCAL IMPACT: Funds are available in Fund 271 (Special Gas Tax) and are budgeted as follows: Account No. 271-S011-4833OO-3227 in the amount 0[$17,266.00.Barbara DeNiro, 1118 E. Adams, requested an explanation regarding the moving and related expenses.The City Engineer explained the City acquired this property for the LaVeta Avenue widening project. A tenant was living on the property and was asked to vacate the premises. Under the tenns of the California Relocation Assistance Act the City must pay for the tenant to relocate to comparable housing. The costs amounted to several months of deficient rent and the difference between rental payments for the comparable housing.The Real Property Officer further explained the City is investigating the expense of rehabilitating the structure versus CITY COUNCIL MINUTES September 12, 1995 2. CONSENT CALENDAR (Continued) MOTION - Murphy SECOND - Coontz AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.2. 19 Request Council approve contract with Budd Sutton and Associates for Glassell Streetscape Study. This work is necessary to complete the enviromnental document for this project. (A2100. 0.Agr.2483)FISCAL IMPACT: Funds in the amount of $5,950.00 are budgeted in Account No. 272-5011-483300-3015 ( Gas Tax 2105).ACTION: Authorized City Manager to execute on behalf of the City.2. 20 Request Council approve contracts, not to exceed $10,000 each, with four land surveying finns to supply as-needed surveying services for Public Works. A21 00. 0.Agr.2484,2485,2486) FISCAL IMPACT: Funds are available in Account No. 100-5011-411102 ( General Fund,Labor) for transfer to 100- 5011-426700 (professional Services).ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.21 Request Council approve contract with Moffatt and Nichol Engineers in an amount not to exceed $123,320 for design of the Loma Street road and bridge widening from Santiago CanyonRoad to 150 feet:!: north of Santiago Creek. ( A2100.0.Agr.2488)FISCAL IMP ACT: Funds are available in Fund 271 (Special Gas Tax Construction) and in Fund 550 (DPW Improvements - GMA reimbursable 1995-96) and are budgeted as follows: Account No. 271-5011- 483300-3819,550- 5011-483300-3819 TOTAL 63,320.00 60.000.00 123,320.00 ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.22 Request Council award Bid No. 945-36, SP 3136 to Damon Construction Inc. in the amount of $78,289. 50, for sidewalk construction on Lincoln Avenue.A2100.0.Agr.2489)FISCAL IMPACT: Upon contract award OCTA will provide a grant from SB 821 funds, Account 330, available as follows:Fiscal Year 92- CITY COUNCIL MINUTES 94- 95 September 12, 1995 37,428. 00 2. CONSENT CALENDAR ( Continued)It is requested that $102,263.00 be appropriated to Account 330- 5011-483300-4011 for the contract award cost overrun, design and construction engineering costs.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City. REMOVED AND HEARD SEPARATELY)2.23 Request Council approve an extension to the existing contract with Hydrosolutions of California to add the implementation and monitoring of a 4-phase, soil remediation project at Fire Headquarters for underground storage tank facilities. The City entered into a contract with Hydrosolutions on May 26, 1992, to provide similar services at the City's maintenance yardfacility. ( A2100.0.Agr.1951.l)FISCAL IMP ACT: Total cost $48,230. There are sufficient funds in Account No. 720-5023-481302-9856 (Underground Storage Tanks).Barbara DeNiro, 1118 E. Adams, asked for an explanation of the problem.The Street Superintendent explained the Fire Headquarters is being monitored for potential contamination that may have occurred by the underground storage tanks. The next site for monitoring is the water plant. The monitoring is for health and safety reasons.MOTION - Barrera SECOND - Spurgeon AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.2.24 Request Council award Bid No. 956-03, SP 3111, Alternate II to R.J. Noble Company in the amount of$I13,522.95 for the reconstruction of Cypress Street between Palm Avenue and Walnut Avenue. (A2100.0.Agr.2489)FISCAL IMP ACT: Funds are available in the Federal Community Development Block Grant program for this project.The amount of $140,000 in CDBG funds is recommended for appropriation to Account No. 310-6057-473300-1814 for the contract award, overrun, design and construction engineering costs.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.25 Request Council award Bid No. 956- 05, SP 3109 to Hillcrest Contracting Inc. in the amount of $219,015.78, for the reconstruction of Lemon Street from Chapman Avenue to Maple Avenue and Maple Avenue from Atchison Street CITY COUNCIL MINUTES September 12, 1995 2. CONSENT CALENDAR (Continued) FISCAL IMP ACT: Federal CDBG funds are available for this project and appropriations in the following Account Nos. are requested for the cost of contract award, cost overruns, design and construction engineering: Fiscal Year 92-93 - 310-6055-473300-1326 - $9,612.15 - Street Reconstruction; 310- 6056-473300-1326 -50,366.00 - Street Reconstruction - Fiscal Year 93-94-310-6056-473200-1325 - $202,180. 34 - Sewer Construction.This also includes a request for fund transfer of $76,000.00 from Account No. 310-6056-491300- 1070 to Account No. 310-6056-473300-1326.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.26 Request from the Developer for Tract No. 14061 for permission to begin tract grading prior to the recordation of the Tract Map. (T4000.0)Location: Maybury Ranch area at the extension of Mountain Ave., adjacent to Santiago Creek.FISCAL IMPACT: None.ACTION: Approved.2.27 Request Council award Bid No. 956-04, D- 117, Alternate I in the amount of $370,318.50 to R & L Sewers, Inc. Bids were received for Stonn Drain construction at these locations: 1) Batavia Street - Collins to Nicolas; 2) Main Street - Walnut to Alvarez; 3)Citrus Street - Citrus to Emerald; 4) Sycamore Street at Santiago Blvd.A2100.0.Agr.2491)FISCAL IMPACT: CDBG funds are available as follows for the cost of contract award,design and construction engineering: Main Street Stonn Drain:No. 310-6055- 473400-1811-$95,303.05; No. 310-6056- 473400-1811-$114,696.95; No. 310-6057- 473400-1811-$42,978.96; Batavia Stonn Drain:No. 310-6057-473400-1810-$188, 936.99;Undesignated Stonn Drain:No. 530-5011-483400-5001-$7,565.00; City of CITY COUNCIL MINUTES September 12, 1995 2. CONSENT CALENDAR (Continued) 2.28 Request Council approve Water Service Area Agreement between the City of Orange and the Orange Park Acres Mutual Water Company. This agreement provides for emergency interconnections between the City's and the OP A Mutual's water system in exchange for Mutual's release of a portion of its service area for water service by City. A2100.0.Agr.0506.1) FISCAL IMP ACT: Future water sales revenue from disputed area to accrue to City. ACTION: Authorized Mayor and City Clerk to execute on behalf of the City. 2.29 Request City Council approve Recession of Parking Agreement, regarding property located at 501-635 West Palm Avenue (West Palm Industrial Park). (A2100.0.Agr. 1091)FISCAL IMPACT: None.ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.30 Request Council approve the request of the Finance Director for authorization to cease collection efforts for Uncollectible Receivables and write-off of certain Accounts Receivable. (C2500. J.l)FISCAL IMP ACT: Funds are budgeted each year for the write-off of uncollectible utility receivables.Barbara DeNiro, 1118 E. Adams, asked how did the paramedic billing arrive at 195,988.24?The Finance Director explained the paramedic billing is approximately 50% of what the City bills. The Finance Department has implemented various measures to improve the collection in this area. These bills are sent to an outside collection agency for further expediting. There is also a new computer system which will get the billing out quicker and improve the collection percentage. Also, in writing off these uncollectables, it does not preclude the City from collecting them in the future if information would become available.The Interim City Manager reported part of the program that was approved by Council regarding the Emergency Transportation Program will bring forth an opportunity to improve collections. The City will be able to bill and collect from Medicare and MediCal.Barbara DeNiro asked if the City had an injunction against them.The Interim City Manager answered no. MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater PAGE 11 CITY COUNCIL MINUTES September 12, 1995 2. CONSENT CALENDAR (Continued) ACTION: Approved. 2.31 Request from Holy Fan1ily Cathedral for permission to conduct their am1ual church fiesta Old California Days" on September 22,23 and 24, 1995. (p1300.0.9) FISCAL IMP ACT: None. All fees and requirements will have been met prior to the event. ACTION: Approved. MOTION - Spurgeon SECOND - Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Items 2.3, 2.5, 2.6, 2.9, 2.14, 2.16, 2.18 and 2.30 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 1722 5.1 Reappointment of the following members to the City Traffic Commission, terms to expire September 30, 1999: (OR1800.0. 19)Frank Sciarra William Leming MOTION SECOND AYES Murphy Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Approved reappointments.6.ADMINISTRATIVE REPORTS TAPE 1736 6. 1 Status Report from Interim Personnel Director regarding the Organization Transitional Plan. (C2500.J.4)The Interim Personnel Director reviewed the objectivesof the Organization Transitional Plan and reported the plan is on schedule. To date twelve employees have filed for early retirement. It was predicted approximately 17-20 employees would retire by October 23, 1995. If those predictions hold true, the estimated savings to the City would be approximately $700,000 this fiscal year. A PAGE 12 CITY COUNCIL MINUTES September 12, 1995 6. ADMINISTRATIVE REPORTS (Continued) report will be presented to Council in October once the solid figures on the early retirement are complete. Communications will be improved by meeting with Department Heads and key managers to review financial and service delivery goals. There needs to be a solid team approach and management commitment is critical. Departments will involve their staff in the process, such as discussing ideas, concepts and providing feedback on organizational alternatives developed by management. Employee organizations will be involved in all discussions with open lines of communication. A status report indicating the accomplishments will be presented to Council in early November. MOTION SECOND AYES Mayor Coontz Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to accept the oral report.7.REPORTS FROM CITY MANAGER TAPE 1958 7.1 Discussion of pros and cons of privatization of asset management of City's investment portfolio, including costs for in-house manager and status of Investment Committee.Continued from August 8, 1995.) (C2500.F)The Interim City Manager reported Council, in concurrence with the Investment Committee's recommendations, directed him to fill the position of Investment Manager with an independent outside finn to assist the City in managing its securities for investment purposes. The Interim City Manager is to then pursue permanently filling the position with a qualified person whose primary purpose will be to manage and advise the City's securities.Bob Bennyhoff, 10642 Morada Dr., requested an explanation of the relationship between the Finance Director and the Investment Manager.The Interim City Manager responded the Finance Director manages the operations of the Finance Department and the Investment Manager would manage the City's bonds and other securities for long tenn investment and safeguarding.The City Attorney opined in shaping the job description of the Investment Manager, it is important to avoid incompatibility of offices.MOTION SECOND AYES Spurgeon Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to accept the report.PAGE 13 CITY COUNCIL MINUTES September 12, 1995 7.2 City Computer Virus The Interim City Manager am10unced a virus had attacked the City's computer system. The employees have been going the extra mile to get their nonnal workload accomplished. BRC has been working overtime to correct the problem and they are to be congratulated. 8.LEGAL AFFAIRS TAPE 2159 8.1 ORDINANCE NO. 14- 95 An Ordinance of the City Council of the City of Orange amending Chapter 10.06 of the Orange Municipal Code regarding the City Traffic Commission. (A2500. 0) MOTION SECOND AYES Slater Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance No. 14-95 have amended first reading waived and same was set for second reading by the preceding vote.8. 2 ORDINANCE NO. 15-95 An Ordinance of the City Council of the City of Orange amending Section 10.14.050 of Chapter 10.14 of the Orange Municipal Code Pertaining to Speed Limits. (A2500.0) MOTION SECOND AYES Spurgeon Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance No. 15-95 have first reading waived and same was set for second reading by the preceding vote. 8.3 ORDINANCE NO. 16-95 An Ordinance of the City Council of the City of Orange amending Section 17.14.060 to the Orange Municipal Code relating to Accessory Second Housing Units. (A2500.0)Amendment: 3-95 MOTION SECOND AYES Barrera Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance No. 16-95 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 PAGE 14 CITY COUNCIL MINUTES September 12, 1995 10. ORAL PRESENTATIONS Carole Walters, 534 N. Shaffer, remarked that she is not against early retirement for City employees, however the residents lose money when employees retire because the community loses the benefit of their knowledge and experience. 11. RECESS MOTION SECOND AYES Barrera Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The City Council recessed at 6:00 p.m. to a Closed Session for the following purposes:a. Conference with Legal Counsel - existing litigation pursuant to GovernR1ent Code Section 54956.9(a): City of Orange vs. James Daum, et al., Orange County Superior Court Case No. 73-86-30 b. Public Employee release pursuant to Govemment Code Section 54957.c. Conference with Legal Counsel - anticipated litigation.Initiation oflitigation pursuant to GoVernn1ent Code Section 54956.9 (c) (two potential cases).d. Employee appointments pursuant to Government Code Section 54957: Pennanent City Manager and Investment Manager.e. 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.7:00 P.M. SESSION 12. INVOCATION Mike Oakland, Christian Businessmen's Association 12.1 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilman Mark Murphy 12.2 ANNOUNCEMENTS - None 12.3 INTRODUCTIONS - None PAGE 15 CITY COUNCIL MINUTES September 12, 1995 12.4 PROCLAMATIONS Proclamation was presented to Sharon Sleppy, President of the Orange Emblem Club recognizing National Emblem Club Week of September 17-23, 1995.12.5 PRESENTATIONS - None 13.PUBLIC HEARINGS TAPE 2628 13.1 SITING ELEMENT AND SUMMARY PLAN OF THE COUNTYWIDE INTEGRA TED WASTE MANAGEMENT PLAN Time set for a public hearing on petition by the City of Orange to consider approving the Siting Element and Summary Plan of the Countywide Integrated Waste Management Plan. (C23oo.L) MAYOR COONTZ OPENED THE PUBLIC HEARING. The Sanitation Coordinator reported the California Integrated Waste Management Act of 1989 AB 939) requires local jurisdictions to prepare and implement comprehensive plans to manage solid waste. In order to comply with the mandate, each city throughout the county prepared a Source Reduction and Recycling Element (SRRE), Household Hazardous Waste Element and Non-Disposal Facility Element. The Countywide Integrated Waste Management Plan is a compilation of these documents including a Siting Element and a Summary Plan.In accordance with California Code of Regulations (Title 14, Division 7, Chapter 9, Article 8,Sections 18782 and 18783 each city is required to adopt the Countywide Integrated Waste Management Plan.THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING.RESOLUTION NO.85 10 A Resolution of the City Council of the City of Orange approving the siting element and Summary Plan of the Countywide Integrated Waste Management Plan. MOTION SECOND AYES Murphy Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Resolution No. 8510 was introduced and adopted and same was passed and adopted by the preceding vote. PAGE 16 CITY COUNCIL MINUTES 13. PUBLIC HEARINGS (Continued) 13.2 NEGATIVE DECLARATION 1477-95 - CITY OF ORANGE TAPE 2739 September 12, 1995 Time set for public hearing to evaluate impacts related to the rehabilitation of a 260 unit apartment complex located on 17 acres west of Prospect Street and east of McPherson Road between Spring Street and Center Street in the City of Orange. A tenant relocation plan has been prepared to mitigate potential impacts. (N12oo.0) MAYOR COONTZ OPENED THE PUBLIC HEARING. NOTE: This discussion includes Items 13.2, 13.3 and Redevelopment Agency Agenda Item 10.1.) Negative Declaration 1477- 95 The Director of Community Development reported Negative Declaration 1477-95 addresses the impacts of the project and mitigation measures.Redevelopment Agency - Relocation Plan In addition to the rehabilitation of the project, the City is required by State law to provide for relocation of any existing qualifYing residents. A preliminary relocation plan was provided to Council and prepared by Pacific Relocation. It had a 30 day public review and public comments are included.Pacific Relocation estimated it could take as much as $4.5 million to relocate individuals per State law guidelines.Proposed Issuance of Multi-family Housing Revenue Bonds by the City for the acquisition and rehabilitation of the Villa Santiago Apartments.This would allow the City to be the conduit for the sale 0[$13,500,000 of multi-family mortgage revenue bonds to assist with the long tenn financing of the development. The City is not at risk for the $13,500,000. This financing is guaranteed by the Federal National Mortgage Association.Escrow will close late September, 1995.The Director of Community Development indicated Council will receive regular status reports and Prospect Elementary School will be infonned of the project's progress.THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. MOTION SECOND AYES Murphy Slater Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to approve Negative Declaration 1477-95. CITY COUNCIL MINUTES September 12, 1995 13. PUBLIC HEARINGS (Continued) 13.3 PROPOSED ISSUANCE OF MULTI-FAMILY HOUSING REVENUE BONDS BY THE CITY OF ORANGE FOR THE ACQUlSmON AND REHABILITATION OF THE VILLA SANTIAGO APARTMENTS LOCATED GENERALLY AT 11841 PROSPECT A VENUE, CITY OF ORANGE (C2500.G.1. 5)Time set for public hearing on petition by the City of Orange to consider the proposed issuance of multi-family mortgage revenue bonds in a principal amount not to exceed $13,500,000 by the City of Orange on behalf ofF.C. ORANGE ASSOCIATES L.P. for the acquisition and rehabilitation of the Villa Santiago Apartments.NOTE: See Item 13.1 for Council discussion.RESOLUTION NO. 8517 A Resolution of the City Council of the City of Orange authorizing the issuance of multi-family housing revenue bonds (Villa Santiago Rehabilitation Project-Federal National Mortgage Association New Construction Forward Commitment Program), Series 1995 in an amount not to exceed $13,500,000 for the purpose of financing the acquisition and rehabilitation of the Villa Santiago Project and determining other matters in connection therewith. MOTION SECOND AYES Murphy Slater Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Resolution No. 8517 as introduced be adopted and same was passed and adopted by the preceding vote.14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS - None 16. ADJOURNMENT The City Council adjourned at 7:30 p.m. CtJJA/J1AJ~ [Cn/AA-::t CASSANDRAJ. (tATHCART, CMC CITY CLERK 7 1 (J f7 J t:- / o". e ~c /(/ ("JOANNE c. COONTZ/!MAYOR ~ PAGE 18