10-26-1999 Council Minutes
APPROVED BY THE CITY COUNCIL ON NOVEMBER 23, 1999
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING October 26, 1999
The City Council of the City of Orange, California convened on October 26, 1999 at 4:30 p.m. in
a R1egular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Reverend Dr. David C. Marx, First Presbyterian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Alvarez
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT - None
1.4
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Tape 62
Employee Recognition Service Awards were presented by the City Manager to Julie
Davani and Beth Luis-Nion (Library), Richard Esparza (Community Services), Jeff Bird,
Charlie Brown, Jeff Meyer and George Nichols (Police), Patti Van Voorst and Mike
Shatzel (Fire), Mario Acosta and Preston Lee (public Works), Rey Montoya, Walt Tracy
and Mark Wayland (Fire), and Guadalupe Elizondo and David Scott (Public Works).
(C2500J.4.18)
Resolution No. 9182 was presented to Guadalupe A. Elizondo of the Orange Water
Department commending him for twenty-five years ofloyal and dedicated service.
Pat Oberle of the Personnel Department presented a check in the amount of $785.05 to
Faith Manner, Operating Director of Casita de San Jose. Monies were collected from
City employees at the 9th Annual Rideshare/Health Fair held on September 20, 1999 at
the Civic Center.
Dave Newcom, representing Immanuel Lutheran Church and School, presented a check
in the amount of $1644.00, funds raised at a breakfast held on July 3,1999, to Richard
Alarcon, President of the Orange Firefighter's Association. Monies will be donated to
the Eli Home, a home for abused women and children, with an additional $1,000 being
donated by the Orange City Firefighter's Association.
PAGE 1
~
CITY COUNCIL MINUTES
October 26, 1999
1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS (Continued)
A proclamation honoring California Rideshare Awareness Month and Orange Trip
Reduction Program was presented to Marilyn Olson, representing Southern California
Rideshare and Pat Roth of the City's Personnel Department.
Mayor Coontz announcements:
. The dedication of Chapman Law School (Donald P. Kennedy Hall) held on October
20, 1999 with honored speaker, Associate Supreme Court Justice Clarence Thomas,
was a stellar event.
. The Mayor's Prayer Breakfast held October 21, 1999, sponsored by Christian
Businessmen Association (CBMC) with 450 in attendance was very successfuL
. Red Ribbon Week Kick Off Event, October 25, 1999. Councilman Slater commented
that he and Councilman Murphy attended the event held at West Orange Elementary
SchooL Red Ribbon Week is an annual nationwide effort on drug awareness,
particularly targeted at school age children.
. The City, in cooperation with the Downtown Orange Business and Professional
Association, will sponsor Trick or Treat through the Streets Harvest Fest in Old
Towne Orange on October 28, 1999 from 4:00 p.m. to 7:00 p.m.
. The "Scare Away Hunger" Community Food Drive will be held on October 28, 1999,
sponsored by Second Harvest of Orange County and supported by the City of Orange
and numerous civic and religious groups. The City is challenged to collect one
million pounds of food.
. The Mark & Brian Pre-Halloween Parade will be held on October 29, 1999 at 7:30
a.m. in the Plaza. Councilman Murphy reported that Musician Eddie Money and
actor Lou Diamond Phillips will be featured guests at the parade. The event, as well
as the Trick or Treat through the Streets Harvest Fest in Old Towne Orange, have
been highly publicized on KLOS (95.5 FM) Radio.
Councilman Slater read the following statement for the record: "I hate to rain on a parade but
there are issues hanging over this parade that really tug at my heart and I feel I have to say
something. There was an article on the front page of the L. A. Times Business Section last week
that a friend brought to my attention yesterday. It is titled "Disney Reverses Course on 'Black
Hoe' Controversy." The Disney Corporation which owns KLOS Radio Station and the Mark and
Bri,m Show are quietly settling several lawsuits over a blatant racial promotion last year that
degrades women and blacks. Apparently, according to this article, an internal review by the
Disney Corporation uncovered eleven years of complaints about barbs against Jews, Asians, and
Blaeks aired on the Mark and Brian Show. Discrimination against any group, and I don't care if
they're Blacks, Jews, or even White's being discriminated against because of racial quotas is
dead wrong. When this kind of discriminatory communication outweighs responsibility on tv,
radio, or the internet, then some people think it's okay to go to a daycare center and shoot Jewish
children. The bottom line is conservatives don't like trash and I don't think the majority of
PAGE 2
CITY COUNCIL MINUTES
October 26, 1999
1.4 PRESENTATIONS! ANNOUNCEMENTS! INTRODUCTIONS (Continued)
Orange citizens are for trashy shows that promote hate, discrimination, or ridicule of any ethnic
group in our society. Orange should only be promoting events that influence for good and not
ones that are divisive and controversial along the lines of discrimination. For this reason, I don't
think it is appropriate that we are supporting this parade, and I won't be participating due to
discriminatory actions on behalf of Mark and Brian. I asked the City Attorney earlier today if we
could possibly get out of this. But unfortunately, it is too late and the die is cast. I do have to
say on the defense of staff who has spent a lot of time promoting this, and possibly on the
defense of the Council who may not have even been aware of this, because it was just brought to
my attention that it is unfortunate that we have gone down this road for the City of Orange. But,
again, this weighed heavy on my heart. I don't like their record and I thought something needed
to be said."
Councilman Murphy commented he is disappointed that this was being turned into a political
end,eavor rather than being discussed amongst the Council prior to the meeting. As recently as
the day before yesterday, there were discussions with Councilman Slater confirming his riding on
a float in the parade. Councilman Murphy observed that having listened to the show for a
number of years, he has not heard anything that would support charges that are being made and
that he for one was not self-righteous enough to make a decision of guilt or innocence based
upon an article in the newspaper. While charges have been made, nothing has been settled and
the article is strictly conjecture trying to observe from the outside what mayor may not be going
on within the company. We should not be quick to judge this, but certainly everyone has the
right to choose whether they want to participate or not. This is an event that Mark & Brian
wanted to do in Orange and we should not cast aspersions on people simply based upon
accusations that have been made.
Co~mcilman Slater responded that yesterday he had discussed this with Councilman Murphy but
that he had not yet seen the article. Before Mark and Brian came to KLOS eleven years ago,
apparently even then they had a lawsuit. Councilman Slater indicated he issued a memo to all
Co~mcilmembers today with the article attached. Any Councilmember could have discussed this
issue had they contacted him. This was not sprung on the Council at the last minute and it's an
issue he feels very strongly about. He indicated he would not be participating in the parade.
Councilman Alvarez reported on the 19th Annual American Heart Association Heart & Sole
WaIklRun held on October 24, 1999 at the Irvine Spectrum Center in which 10,000 people
participated. He asked that the City Manager compile a list of all City employees that
participated in the event so they may be recognized.
Mayor Coontz reported on the Olive School Rededication event. Olive School is the oldest
school in the Orange Unified School District and one of the oldest historical sites in the County.
2.
PUBLIC COMMENTS
Tape 1151
Chuck Mabry, 859 N. Kintyre Drive, asked for Council's support of the El Modena Arts
Academy at EI Modena High School. Council was commended on their continuing effort to
PAGE 3
CITY COUNCIL MINUTES
October 26, 1999
2. PUBLIC COMMENTS (Continued)
create a park along Prospect below the Beazer project. Concern was expressed with traffic
bottlenecks on Chapman under the 55 Freeway and at ChapmanlMain. Council was encouraged
to monitor the traffic situation, especially during the rush hours. Mr. Mabry suggested Council
consider a later time for their meetings and to look at the general tenor of public events, i.e., lack
of activities for younger children, consumption of alcohol at the Orange Street Fair, and
questionable aspects of the Halloween event.
Carole Walters, (address on file), commented and expressed concerns with OCTA's proposed
light rail system; traffic on east Chapman; and alcohol consumption at the Street Fair.
Mayor Coontz responded that Caltrans is responsible for the freeways. OCTA is responsible for
the light rail system.
Nathan Hill, 186 S. Violet Lane, commented his political agenda is to protest the repressive laws
that keep smokers like himself from being able to do normal activities.
3.
CONSENT CALENDAR
Tape 1464
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of October 26, 1999 at Orange Civic Center, Main
Library at 101 N. Center Street, 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.
3.2 Request Council confirmation of warrant registers dated October 7 and 14, 1999.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, October 12, 1999.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
PAGE 4
CITY COUNCIL MINUTES
October 26, 1999
3. CONSENT CALENDAR (Continued)
AGREEMENTS
3.5 Security Services at Vista Royale Area. (AZI00.0 AGR-3279.B)
SUMMARY: During the month of May 1999, the City Manager in his capacity as
Director of Emergency Services ordered the evacuation of five homes in the Peralta
Pointe and 10 homes on Vista Crest (Vista Royale) area. The City Council approved an
agreement at its regular meeting on July 13, 1999 with Patrol One for security services at
the Vista Royale area on a 24 hour basis.
ACTION: Approved and authorized the Mayor and City Clerk to enter into an agreement
on behalf of the City with Patrol One to continue to provide security services at the Vista
Royale area.
FISCAL IMPACT: Unreserved fund balance is available in the Liability Fund to make
this appropriation. The City is monitoring all emergency expenses pertaining to this issue
and will, if possible, seek reimbursement for all costs.
3.6 Utility Reimbursement Agreement with Caltrans for 1-5 Waterline Relocations.
(AZIOO.O AGR-3360)
SUMMARY: The Mayor and City Council are requested to approve utility agreement
12-UT-447 for the reimbursement of relocation and construction of water lines affected
by the State's freeway construction on the 1-5 Segment A-4 freeway widening.
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf
of the City.
FISCAL IMP ACT: This agreement allows for reimbursement of up to $133,145 for the
City's portion of costs associated with the final construction and relocation of waterlines
affected by the proposed 1-5 Segments A-4 freeway widening.
3.7 CLAIMS (C3200.0)
The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages:
a. Gene Moran
b. Taylor Fitzgerald
FISCAL IMPACT: None.
ACTION: Denied Claims for Damages and referred to City Attorney and Adjuster.
PAGE 5
CITY COUNCIL MINUTES
October 26, 1999
3. CONSENT CALENDAR (Continued)
CONTRACTS
3.8 Modification of Professional Services Contract with Interim Building Official.
(A2100.0 AGR-3302.B)
SUMMARY: The City currently has a contract with Tom Balderrama to act as the City's
Interim Building Official during the recruitment to fill the Building Official vacancy.
Unforeseen administrative duties necessitate an increase in the maximum contract amount
from $25,000 to $40,000.
ACTION: Approved.
FISCAL IMPACT: This action is funded by salary savings.
EQUIPMENT PURCHASE
3.9 Purchase of two emergency transportation ambulances and associated equipment.
(C2500.H)
SUMMARY: The Emergency Transportation Program has been an operational and
financial success resulting in an increased need for additional vehicles. The purchase of
one new and one used ambulance and related medical and communications equipment is
recommended.
ACTION: I) Purchased one new ambulance from the Leader Industries in the amount of
$109,870.52. 2) Purchased one reserve ambulance from the City of Santa Ana in an
amount not to exceed $9,000 and 3) Appropriated $48,000 to Account 125-3015-472101
for the purchase of medical and communications equipment for both units. Total
expenditure: $166,870.52
FISCAL IMPACT: $120,000 for the purchase of both ambulances has been budgeted in
Account 125-3015-472101, the Emergency Transport Program Fund - Vehicle Purchase.
Adequate funds are available in Fund 125 for the appropriation of $48,000 for medical
and communications equipment for the ambulances.
RATIFICATION OF DECLARATION OF EMERGENCY
3.10 Review the existence of a local emergency as declared on April 1, 1999. (Vista
Royale Tract).
ACTION: Approved.
PAGE 6
CITY COUNCIL MINUTES
October 26, 1999
3. CONSENT CALENDAR (Continued)
RESOLUTIONS
3.11 RESOLUTION NO. 9185 (A2100.0 AGR-3249.002)
A Resolution of the City Council of the City of Orange approving the execution of
Program Supplement Agreement No. 002 to State-Local Entity Master Agreement No.
SL TPP-5073 for Transportation Improvement Projects which will fund a portion of
construction cost for the Main Street and Chapman Avenue Intersection Widening
Project.
ACTION: Approved.
3.12 RESOLUTION NO. 9187 (C2500J.3)
A Resolution of the City Council of the City of Orange adopting a Disadvantaged
Business Enterprise Program.
ACTION: Approved.
SPECIAL STUDIES
(REMOVED AND HEARD SEPARATELY)
3.13 Mall of Orange Area Transit Operation Center (T.O.C.) Study. (T2200.1.3)
SUMMARY: City staff has completed a report evaluating the feasibility of constructing
a bus transit center in the area around the Mall of Orange. This report recommends three
alternatives for future detailed evaluation. All three alternatives are located within the
Mall of Orange property.
FISCAL IMP ACT: None.
Discussion: Carole Walters, (address on file), commented that residents should be
notified when their property is being considered in a study. Concern was expressed for
the mobile home residents on Meats Avenue.
The Director of Public Works explained only three locations were identified as having
potential for a bus transit center. All locations are on the Mall of Orange property or
Sears. If other property had been identified, the next step would have been to present the
various options to the community.
Mayor Coontz commented this is a long term project. The report that comes back to
Council will have a full environmental impact report and include community notification.
PAGE 7
CITY COUNCIL MINUTES
October 26, 1999
3. CONSENT CALENDAR (Continued)
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to receive and file the report.
3.14 Treasurer's Report for the Period ending September 30, 1999. (C2500.F)
ACTION: Received and filed report.
FISCAL IMPACT: None.
MOTION - Murphy
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Item No. 3.13 was removed and heard separately. The remainder of the Consent
Calendar was approved as recommended.
4.
REPORTS FROM MAYOR COONTZ
Tape 1715
4.1 Update on South County cities proposal to locate a jail in East Orange.
Mayor Coontz reported the City Manager has visited with the City Managers involved in the
South County cities relative to the proposed jail site in the City of Orange's sphere of influence.
Council will bring information back to the public once it has been compiled. The City is
concerned as Orange already has a jail and does not feel it should have an additional jaiL
4.2 Recommendation that the City Manager's Office create and maintain a master
schledule for City projects, land use applications and community events that will come
before the City Council.
Mayor Coontz reported it has been difficult for Council to determine when City sponsored
community events will be agendized for City Council meetings. A master schedule would be
helpful to Council and the City. The City Manager indicated staff has been given direction to
work on timelines and identify projects. In a few weeks an outline will be developed to provide
Council with a vision of where the City is going.
5. REPORTS FROM COUNCILMEMBERS - None
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
PAGE 8
CITY COUNCIL MINUTES
October 26, 1999
7.
ADMINISTRATIVE REPORTS
Tape 1811
7.1 Report from the Public Works Director/City Engineer on the Master Street Tree
Plan (continued from August 24, 1999 and September 14, 1999). (C2300.N)
The Director of Public Works presented an overview of the Master Street Tree Plan, indicating
the key goals of the Plan are to introduce more flexibility into the Street Tree Program, rather
thart having a specifically designated tree for each street, and the ability to evaluate individual
situations on the merits of the particular site. Seventy-seven (77) species of trees have been
identified as suitable for planting in most areas of the City.
Mayor Coontz asked what is the minimum tree size the City would purchase? The Director of
Public Works responded the minimum size purchased for planting is a fifteen (15) gallon tree.
Mayor Coontz responded that would be a 15 gallon tree not just a 15 gallon container which has
occurred on Taft A venue. The costs are matched against the size of the container versus the
quality of the tree. The Public Works Director concurred.
In response to Councilman Alvarez, the Director of Public Works explained the City allows
property owners to trim or plant their own trees, consistent with the Master Plan. Property
owners are required to obtain a $75 permit. The trimming must conform to City specifications.
Penalties for removal or trimming of a City tree without a permit is a misdemeanor, punishable
by up to a $1,000 fine or six months in the County jail. This penalty is similar to other cities
surveyed.
Councilman Alvarez commented on the City of Fullerton's formula for the valuation of trees
removed. Could the City adopt as a policy the Standardized Tree Valuation Formula provided
by the International Society of Horticulturalists? The City Attorney responded the City could
ask the court to impose restitution for the value of the tree through criminal action, or the City
could pursue restitution through a civil remedy action.
Mayor Coontz asked if the policy for a misdemeanor has been in affect and exercised? The City
Attorney responded affirmatively on both issues.
Bill Lanning, 2632 E. Adams, indicated he met with John Loertscher and Doug Kokesh of the
Street Tree Department relative to recommendations to the Master Street Tree Plan. He
suggested all fees be available and either referenced in or made part of the Master Street Tree
Plan.
Mayor Coontz commented on the importance of education and the need for an information
system. It is important to find out what the City of Fullerton's experience has been with the tree
valuation formula. A table needs to be developed with examples that address the consequences
and/or costs for various actions.
Barbara DeNiro, (address on file), commented on trees in the City.
PAGE 9
CITY COUNCIL MINUTES
October 26, 1999
7. ADMINISTRATIVE REPORTS (Continued)
Carole Walters, (address on file), commented on the importance of maintaining City trees.
RESOLUTION NO. 9159
A Resolution of the City Council of the City of Orange adopting a Uniform Master Street Tree
Plan establishing guidelines for street tree planting and the removal and replacement of street
trees.
MOTION - Mayor Coontz
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve Resolution No. 9159. The Director of Public Works to bring back a report
with the information suggested by Councilman Alvarez and Mayor Coontz regarding
informational tables.
7.2 Informational report from Public Works
transition to automated trash service. (C2500.M.I)
Director/City Engineer regarding the
Tape 2800
The Director of Public Works reported on the three changes requested by Waste Management to
their contractual obligations:
Proposed Trash Route Changes Trash routes need to be modified for approximately 4,200
residential customers, which will result in a change in the day in which trash is collected. This
change is necessary due to the need to balance the residential trash routes, which previously
consisted of a combination of commercial and residential trash pick-ups. Since the automated
service requires different trucks, combined commercial and residential trash routes are no longer
possible. The impact of the proposed changes upon street sweeping operations is anticipated to
affect about 1,100 of the 4,200 residential customers, which involves a change in the day of the
week when sweeping will occur. The cost for sign modifications is approximately $5,000, which
will be the responsibility of Waste Management. It is proposed to implement the new trash
routes beginning November 15, 1999. The contract requires the company notifY affected
residences 30 days in advance of the change. Waste Management has found that it is best to give
notice approximately a week or so before the change will take place, so people don't change their
activities before the actual implementation.
J3!.l:,t Run for Automated Trash Service Under the contract with Waste Management,
automated trash collection is required to begin by January I, 2000 and completed by March 31,
2000. Waste Management has requested a pilot run begin November 29, 1999 where one route
on each of the collection days would be converted to automated collection, which would affect
approximately 4,000 residential customers. The intent is to identify any operational issues there
may be in the introduction of the full program. The trash rate for these customers will remain at
$9.10 per month during the initial period.
PAGE 10
CITY COUNCIL MINUTES
October 26, 1999
7. ADMINISTRATIVE REPORTS (Continued)
lmJ;,lementation of New Trash Rate The automated program will be phased in throughout the
City during a three to four-month period, with the majority of residential customers receiving
their carts and the new service in the months of January and February, 2000. During the phase-in
of the program, all residential customers will continue to pay the current rate of$9.l0 per month.
Once the phase-in is complete, and all residential customers are receiving the new service, the
new rate of $10.25 per month will go into effect. In order to ensure that residents will pay only
for the service they receive, the City will begin billing customers for the new service once all
residents are receiving the service, which would be March 31, 2000 at the latest. During the
phase-in, the City will pay Waste Management the new residential rate for each residential
customers as the new service is provided.
Councilman Murphy suggested the information be posted on the City's web site and other
locations to get the message out to the community.
Mayor Coontz commented the key to success is information being sent out to the community,
which includes the new street sweeping days and the grace period in which residents will receive
a warning but will not be ticketed. An explanation was requested on how residents can obtain
additional carts and what the life is of the carts.
Gaye Soroka, 1800 S. Grand Avenue, Santa Ana, representing Waste Management, explained the
gen'eral program provides a cart for refuse, recycling, and green waste. The carts come in
whatever size makes sense for the customer. Residents can obtain additional green waste or
recycling carts at no charge. The charge for an additional trash cart is $2.40 per month. There is
no charge for the recycling carts as the point of the program is to encourage recycling. The 96
gallon cart is recommended for both trash and green waste; the 64 gallon is recommended for
recycling; and the 35 gallon for low trash generators, i.e. single-persons, senior citizens. The
carts should last for approximately 10-12 years. It was further explained there will be a
transition period. The bulky item pick-up program is being emphasized for large items that do
not fit in the trash cart.
Carole Walters, (address on file), expressed concern with Waste Management's community
mee:tings and the new trash rates. Is another fee going to be imposed after the increase to
$10.25? Who is going to pay for the roads getting tom up from three trash trucks? Where is the
trash monies that have been recovered?
The City Attorney explained it has been known the trash rates would increase once the green
waste program was implemented. The City of Orange's residential trash rate is the lowest in the
County for a city with a green waste program. The Resolution sets forth the fees that were
previously established and is not an increase from the $10.25 residential rate. The trash monies
recovered remain in the Sanitation Account. The residential rates are subsidized $2.25 by the
City. The approximate $9 million will be used to subsidize the residential and commercial trash
rates in the City for the ten year period of the contract.
PAGE"
CITY COUNCIL MINUTES
October 26, 1999
7. ADMINISTRATIVE REPORTS (Continued)
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, commented he lives in the County
area of Orange Park Acres, served by Waste Management. How can he get the new trash carts?
Barbara DeNiro, (address on file), requested clarification on the $2.40 charge for an extra trash
cart and expressed the need for charges to be broken down on the utility bilL What will happen
with the metal barrels? An explanation was requested of figures noted on an attachment to the
agenda item entitled "Current Automated Trash Collection Cart Delivery Plan".
In response to Ms. DeNiro, it was noted that the $2.40 would be a per month charge for an
additional trash cart. Gaye Soroka explained the approximate increase of $27,000 for the
January billing and approximate increase of $63,000 for the February billing, as noted on the
attachment, is the $12.50 the City will pay to Waste Management for each home, once the home
has been added to the new program. The Starter Kit provided to residents will have orange "take
me" stickers that can be placed on old trash cans or recycling crates that residents no longer
want.
MOTION - Spurgeon
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to receive and file.
8.
REPORTS FROM CITY MANAGER (C2500.E)
Tape 3909
8.1 Implementation Plan for the City-wide Management Audit.
The City Manager reported in May 1999, the City Council was presented with the Final Report
for the City-wide Management Audit. The Audit, conducted by David M. Griffith & Associates,
provided an independent assessment of how the City organization was working and
recommended a number of appropriate changes in organizational structure and operations. This
Implementation Plan provides the City Manager's recommended implementation schedule for
the recommendations presented in the City-wide Management Audit. The report includes
feedback and participation of the department heads on future recommendations identified in the
audit that were of concern to the Council and Manager. The results of the audit will be included
in future budget documents consistent with how the City Manager has presented such issues in
the past.
Mayor Coontz asked if the presentation will be made to the Library Board? The City Manager
explained a presentation will be made to the Library Board once staff has closely examined the
library system and alternatives, as directed by CounciL
PAGE 12
CITY COUNCIL MINUTES
October 26, 1999
8. REPORTS FROM CITY MANAGER (Continued)
Councilman Alvarez asked if there will be a follow-up report with estimates on costs for some
recommendations? The City Manager explained approximately $520,000 was identified with
recommendations in the current years budget. Some recommendations can be done at little or no
costs. For other recommendations, costs will be incorporated into future budgets.
MOTION - Slater
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to receive and file.
9.
LEGAL AFFAIRS
Tape 4023
9.1 ORDINANCE NO. 21-99 (A2500.0 Truck Routes)
An Ordinance of the City Council of the City of Orange amending Chapter 10.66 of the Orange
Municipal Code relating to the designation of truck routes in the City.
MOTION - Murphy
SECOND - Alvarez
A YES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 21-99 be read by title only and same was approved and adopted by
the preceding vote.
9.2 ORDINANCE NO. 23-99 (A2500.0 Day Care Facilities)
An Ordinance of the City Council of the City of Orange amending Table 17.14.030 and Section
17.14.050 of the Orange Municipal Code relating to large-family day care homes.
MOTION - Alvarez
SECOND - Murphy
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 23-99 be read by title only and same was set for second reading by
the preceding vote.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
10.a RECESS TO THE MEETING OF THE INDUSTRIAL DEVELOPMENT
AUTHORITY
PAGE 13
CITY COUNCIL MINUTES
October 26,1999
11. RECESS TO CLOSED SESSION
The City Council recessed at 6:38 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel - anticipated litigation. Significant exposure to
litigation pursuant to Government Code Section 54956.9(b) (one potential case): Siting of
County Jail in Orange's Sphere ofInfluence. (This item was not discussed).
b. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing
litigation. 1) Vista Royale HOA v. City of Orange, et aI., Orange County Superior Case No. 78
0284; 2) City of Orange v. Shepherd Academic, et aI., Orange County Superior Court Case No.
81 :i8 31.
c. Conference with labor negotiator pursuant to Government Code Section 54957.6: City
Negotiator: Steven Pham, Employee Organizations: All City Groups
d. Public employee performance evaluation pursuant to Government Code Section 54957:
City Attorney
e. Conference with real property negotiator pursuant to Government Code Section 54956.8:
Property: 25 acre parcel near the intersection of Spring Street and McPherson Road in Orange.
Negotiating Parties: City of Orange and Union Pacific Railroad; Under Negotiation: Price of
Tenms
f. 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 ofthe matters will not be considered in Closed Session.
7:00 P.M. SESSION
12.
PUBLIC COMMENTS
Tape 4228
Gloria Boice, 143 N. Pine, submitted a list of experts she obtained from Joe Taylor, Tile Heritage
Foundation concerning the Plaza Project. (N1200.0 NEG-1553-98)
The City Manager indicated he is tracking comments made relative to the Plaza Project. Because
of the time required to prepare and review plans, work with the business and residential
community, and obtain bids, it will be at least twelve months before construction will begin, or
Spring, 2001.
Fred Gillett, 205 E. Palmyra, President of Old Towne Preservation Association (OTP A), reported
on the success of the OTPA Home Tour held last weekend.
Shelly Perras, 1441 W. Chapman (Fantastic Sam's), expressed concern with the ChapmanlMain
widening construction project, driveway closures, and the negative affect it has had on her
business.
PAGE 14
CITY COUNCIL MINUTES
October 26, 1999
12. PUBLIC COMMENTS (Continued)
The Director of Public Works responded the City contracts for a community outreach consultant
who is responsible for contacting residents and businesses affected by construction projects to
minimize the impact. He will investigate as to why the driveway closure occurred today.
Mayor Coontz commented that Council is concerned about this issue. indicating there needs to
be a solution.
Mayor Coontz reiterated comments made at the October 14, 1999 Council meeting relative to the
Orange County Transportation Authority's (OCTA's) proposed light rail alignment.
Speaking in opposition to light rail:
Dee Hutchinson, 442 S. Crest Road
Jemlifer Christian, 155 N. Stevens
Mary Dufrane, 2412 W. Almond
Linda Hayes, 164 N. Stevens
Lenore Morrell, 412 So. Bedford
Gary Moffatt, 2134 W. Orchard Avenue
Marcella Matthews, 582 S. Bedford Road
Rosie Penfold, 470 Crest Road
Carole Walters, (address on file)
Speaking in support: Craig Walker, 480 S. Devon Road
13.
PUBLIC HEARINGS
Tape 6654
13.] TRASH COLLECTION FEES
Time set for a public hearing for the purpose of considering adoption of specified fees for trash
coUection.
MOTION - Slater
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to continue to November 9, 1999 for further study.
13.2 ZONE CHANGE ]20]-99; ORDINANCE AMENDMENT 6-99; CULVER
AVENUE ZONE CHANGE; CITY OF ORANGE (ZI500.0 ZCG-120l-99) Tape 6800
Time set for a public hearing for the purpose of considering a proposal to consider a zone change
from R-2-6 to R-2-6 (with a special standards overlay) or R-2-8 (with a special standards.
PAGE 15
CITY COUNCIL MINUTES
October 26, 1999
13. PUBLIC HEARINGS (Continued)
overlay) and an ordinance amendment to include a zoning overlay to better define the intent of
the previously approved mitigation measures adopted with the 1993 R-2-6 Zone Change. NOTE:
Negative Declaration 1614-99 was prepared to evaluate the environmental impacts of this
project.
The: Director of Community Department explained the alternatives of R-2-6 with a special
starldards overlay and R-2-8 with a special standards overlay was requested by Council in
January, 1999. The Planning Commission has recommended Council look at the R-1-6 single-
family alternative, which is not an alternative recommended for Council to act upon at this
me(:ting. If Council desires to consider the R-1-6 single-family alternative, staff needs to be
directed to go back to the Planning Commission to add the R-1-6 alternative to the environmental
documentation and to the notification for the Planning Commission hearing. It would then come
back to Council at a future meeting.
Mayor Coontz suggested this be sent back to the Planning Commission as the R-1-6 single-
family alternative had not been considered by Council at the time. She would like to understand
their reason for suggesting the R-1-6 alternative.
Councilman Alvarez commented in January he made a motion to bring back R-1-6 zoning, as he
felt there was a need to compare the R-1-6 to the R-2-6 zone. Mayor Coontz added that is the
reason why in 1993 she voted against the R-2-6 zone, as there was not a full understanding of all
of the issues.
The City Attorney explained that public comments made at this time would also need to made at
the meeting when the R -1-6 zone is considered.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
SPEAKING IN SUPPORT OF R-1-6 ZONING:
Mattie Link, 801 E. Culver Avenue, presented documentation to Council for the record.
Fred Gillett, 205 E. Palmyra Avenue, President of Old Towne Preservation Association,
requested a moratorium on all projects brought to the Councilor Planning Commission until the
issue is resolved.
Martha Phelan, 375 S. Pine, requested a moratorium.
Joan Crawford, 394 S. Orange, asked that staff specify clearly what an R-1-6 zone will allow;
clarify what kinds of rental units are allowed with different limitations; and clarifY the parking
requirements. A moratorium was requested.
PAGElS
CITY COUNCIL MINUTES
October 26, 1999
13. PUBLIC HEARINGS (Continued)
Dan Phelan, 375 S. Pine
Patti Ricci, 618 E. Culver, displayed a three-dimensional build-out with R-I-6 and R-2-8. A
moratorium was requested.
SPEAKING IN OPPOSITION:
Barbara DeNiro, (address on file), requested Council be fair to all areas of the City when
considering this issue. Why did the Zehner project bring up the fact that the definition was not
understood for all of these years?
SPEAKING IN OPPOSITION TO R-1-6 ZONING:
Ken Brimlow, 652 E. Culver, commented a moratorium takes away constitutional rights.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
MOTION - Mayor Coontz
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to send this back to the Planning Commission to include the R-I-6 alternative along with
the recommendations from the public about additional information for the R-I-6 zoning and
bring it back to Council as a whole package.
Councilman Slater commented the block has been zoned R-2 since 1993 and nothing yet has
been approved. Concern was expressed that applications may come forward while this is being
sent back to the Planning Commission for R-l consideration. There would be no hann in asking
for a three month moratorium, or until the project returns to Council for reconsideration. He
asked the City Attorney under what circumstances a moratorium is applied?
The City Attorney explained a moratorium is the only real way to insure no further applications
are approved. A moratorium would go into effect on the date it is adopted and allows the
Council to take immediate action to prevent development.
Mayor Coontz asked for an explanation of the timeline involved. The City Attorney explained
this issue would probably return to Council at the January 25th or February 8th meeting. A zone
change ordinance would not go into affect until mid to late March, 2000.
MOTION - Slater
SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
PAGE 17
CITY COUNCIL MINUTES
October 26, 1999
13. PUBLIC HEARINGS (Continued)
Moved to agendize for consideration a moratorium at the November 9, 1999 meeting and direct
staff to bring back a report for consideration at that time.
14. PLANNING AND ENVIRONMENT - None
15. ADJOURNMENT
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
THE CITY COUNCIL RECESSED TO CLOSED SESSION AT 8:43 P.M. AND RECONVENED FROM CLOSED
SESSION AT 9:20 P.M.
The City Council adjourned at 9:20 p.m.
CSSANDRA1c
CITYCLE
JOANNE COONTZ
MAYOR
PAGE 18