09-08-1998 Council MinutesAPPROVED BY THE CITY COUNCIL ON SEPTEMBER 22, 1998
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING September 8, 1998
The City Council of the City of Orange, California convened on September 8, 1998 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 INVOCATION
Dr. Stephen Janssen, First Presbyterian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Murphy
1.3 ROLL CALL
PRESENT -ABSENT -
Murphy, Slater,
Mayor Coontz, Alvarez Spurgeon 1.
4
PRESENTATIONS! ANNOUNCEMENTS! PROCLAMATIONS Bobbie Druilhet,
representing Orange Sister City Association, introduced former Governor of
Queretaro, Mexico, Antonio Calzada. Mr. Calzada was helpful in initiating the Sister
City Program between the City and Queretaro, Mexico in 1973. Mayor Coontz presented Mr.
Calzada with a book entitled 'Round Orange and Certificate of Appreciation.Mayor
Coontz
announced the Eastern Transportation Corridor (ETC) will open October 18, 1998,
which is earlier than was expected. The west leg of the corridor is anticipated to be
completed by the first half of 1999. A response team of representatives from Orange, Tustin,
Orange County, Silverado Constructors, Caltrans and the Transportation Corridor Agency (
TCA) are prepared to deal with every aspect of the opening Through her suggestion,
a Communication Service Center will be set up to allow as smooth an operation as
possible. The City is coordinating communication efforts in the east end to provide early
information to residents and businesses, including community meetings with City
and TCA staff. Meetings are set as follows: September 15th - Santiago College,7:00 p.
m. - 8:30 p.m.; September 23rd - Linda Vista School Auditorium, 7:30 p.m. - 8:30 p.m.; and September 24th - Villa
Park High School Cafetorium, Villa Park, 7:00 p.m. -8:30 p.m. The City Manager indicated
a letter under his signature will be mailed out to approximately 4,000 - 5,000 residents in the
area.. Information is also being provided to the schools.
MayorCoontz reported on the success of
the Orange
International Street Fair which benefited 100 non-profit organizations and raised approximately $3
million.PAGE 1
CITY COUNCIL MINUTES September 8, 1998
1.4 PRESENTATIONS/ ANNOUNCEMENTS! PROCLAMATIONS (Continued)
The Fire Chief reported on the City's response to the Santiago Canyon fire which
occurred within the City's sphere of influence.
2.PUBLIC COMMENTS Tape 454
Carole Walters, (address on file), explained the circumstances which led to her removal
from the Council Chambers at the August 25th meeting, indicating she feels she has been
verbally attacked at Council meetings and considers her life threatened.
Lupe Hurtado, 409 S. Hill Street, expressed concern with crime and vandalism occurring
on weekends near EI Modena Park and requested police protection. Mayor Coontz
commented Mr. Hurtado expressed his concerns at a recent E1 Modena meeting and
suggested that he arrange to meet with the Interim Police Chief.
Norm Phillips, 348 Redwood, commented on the cable franchise fee and distributed
copies to Council on fee calculations. The Time Warner franchise agreement states that
should the maximum franchise fee permitted by State or Federal law increase beyond 5%,
the City may, by resolution of the City Council, increase the franchise fee upon a
maximum 45 days written notice to grantee (Time Warner), or as permitted by such law,
whichever is longer. Did Council do that? Time Warner does not keep the .25% increase
as was reported at the August 25th meeting. The City receives the .25% increase.
The City Manager responded this issue will be reviewed further for clarity and a response
provided to Mr. Phillips.
The City Attorney commented: "The franchise fee has always been 5% and always will
be. When we negotiated the contract, there was a dispute pending between cities across
this country and cable television operators across this country as to how that percentage
would be calculated. And what we agreed was that whatever the last court decision said,
that's how the franchise fee was calculated. At the time the contract was entered into, the
courts had said the fee would be calculated one way. That decision was appealed and
now it has been calculated a different way. So, the issue is just calculation. There has
been an increase in the franchise fee paid to the City. The 5% franchise fee has always
been the same. It is just how you determine gross revenues."
Mayor Coontz asked if in addition to the 5% calculation on the base rate, does the fee
also include a calculation based on the 5%? Is that true, percentage on a percentage? The
City Attorney responded: "The issue is a little complicated. It just boils down to what do
you include as gross revenues when you do your calculation. And, so based upon the
latest court decision as to what is to be included in the gross revenues, the franchise fee
has, in fact, gone up. But again, the City's percentage has always been 5%. I'm not
aware of any City in the County or throughout the State that charges anything different to
cable operators."
PAGE 2
CITY COUNCIL MINUTES September 8, 1998
2. PUBLIC COMMENTS (Continued)
Barbara DeNiro, (address on file), commented it is intimating when police officer's come
forward when certain people speak at the meetings.
3.CONSENT CALENDAR Tape No. 915
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of September 8, 1998 at Orange Civic Center, Taft
Branch Library at 740 E. Taft Avenue, 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 August 20 and 27,
1998.ACTION:
Approved.3.3 Request approval of City Council Minutes, Regular Meeting, August 25,
1998.ACTION:
Approved.3.4 Consideration to waive reading in full of all ordinances on the
Agenda.ACTION:
Approved.
AGREEMENTS REMOVED AND HEARD SEP ARATEL
Y)3.5 Renewal of agreement between Wittman Enterprises and the City of
Orange.A2100.0 AGR-2599.
A.l)SUMMARY: Wittman Enterprises is the current contractor for Fire
Department EMT Transportation Program billing. Their job is to collect the fees and
charges generated when Fire Department personnel treat and/or transport citizens to the
hospital. The contract between Wittman and the City of Orange expires on August 31, 1998,
and based upon their current performance, the Fire Department is
recommending renewal.FISCAL IMPACT: Funds are budgeted in the following
Accounts: 100-3022-426700-Paramedic Consulting Services $28,000;
125-3015-426700-EMT Consulting Services -77,
000; Total
CITY COUNCIL MINUTES September 8, 1998
3. CONSENT CALENDAR (Continued)
Discussion: Barbara DeNiro, (address on file), asked for the actual accounting for the
Fire Department EMT Transportation Program billing; the actual write-off amount;
and if paramedic subscriptions have increased with the change in collection? The Fire
Chief responded the collection rate for the last 12 months has been 70-89%. A collection
fee of 6-10% is the industry standard for a typical collection service company.
The City pays 6.5% to Wittman Enterprises. There are a minimal number of
uncollectible accounts. It is too soon to know what the increase might be for paramedic subscriptions
as the two month billing cycle is from
July through September.
MOTION - Slater SECOND -
Murphy AYES - Murphy, Slater, Mayor Coontz, Alvarez
ABSENT - Spurgeon ACTION:
Authorized the Mayor and City Clerk to execute a First Amendment to the Agreement
for billing services on behalf of the City.REMOVED
AND HEARD SEPARATELY)3.
6 Agreements with Caltrans for construction of Meats Avenue Bridge widening and the
Katella on ramp reconfiguration. (A2100.0 AGR-3107 & AGR-
3108)SUMMARY: The agreement authorizes Caltrans to include widening of the
Meats A venue bridge from two to four lanes, augmented, and reconfiguration of the
northbound Katella onramp as part of the SR 55 Freeway widening project. The City is
to compensate Caltrans for the City's share of the improvements. The City's total share
is estimated to be $2,441,321. The agreement requires an initial payment of $429,352,
with the remainder payable over a 2 ~ year period beginning in June, 1999. The City
has participated in the cost of design for these facilities under the terms of a
previously approved cooperative
agreement.FISCAL IMPACT: Funds have been budgeted in the following accounts:
284-5011-483300-3809 $145,286 (Meats/SR-55 Crossing -
Bridge Widening), 550-5011-483300-3809 $75,000 (Meats/SR-
55 Crossing - Bridge Widening), 550-5011-483300-
3820 75,000 (Katella/SR-55 Freeway Ramp Modification).The 1998-
2005 Seven Year Capital Improvement Program, approved by City Council May 26, 1998, provides that
funding for FY 99-00 and 00-01 be programmed in the following accounts: 262 - $800,000,
272 - $2,100,000, 550 - $746,500 - TOTAL 3,646,500.
Total available all years - $4,146,500.Discussion: Mara Brandman, 7319
Equitation Way, Orange Park Acres, asked if construction on Meats Avenue bridge has anything
to do with the mobile home park directly adjacent to the freeway? If so, what has
the City done to prepare them? More information was requested. The Assistant
City Engineer
CITY COUNCIL MINUTES September 8, 1998
3. CONSENT CALENDAR (Continued)
the bridge widening only. It should not be confused with the preliminary study submitted
to Caltrans for alternate on and off ramps at the location. The preliminary study indicates
the mobile home park would not be impacted by the bridge widening. The on and off
ramps will require an environmental impact study and Council approval. The City has
not yet determined what the impact will be. The preliminary study shows there will be no
impact. Mayor Coontz suggested this information be sent to the manager of the mobile
home park.
Mayor pro tern Slater expressed appreciation to staff for saving the City $1.7 million by
negotiating the City's participation with Caltrans on this project.
Carole Walters, (address on file), expressed concern for the mobile home park owners,
suggesting the City meet with them. Is there a plan for the driveway? The Assistant City
Engineer responded the driveway will be re-established where it is and will be
slightly steeper. Caltrans has determined the driveway meets the City's
standards.Councilman Alvarez asked if staff can assist in getting information to the mobile
home park owners? Is there is a County map at this time which shows the off-
ramps? The Assistant City Engineer explained the City has only done a preliminary
study report which Caltrans has reviewed and endorsed as a possible site to establish an on
and off ramp location. It is the intent of the Public Works Department, prior to
the environmental impact public hearings, which are mandated by State law, to have a series
of workshops to discuss and seek solutions to some of the impacts of
this project.Mayor Coontz noted that she and Mayor pro tern Slater were appointed by
Council to serve on Community Involvement and Outreach Program Committee for the
SR 55 Freeway Widening Project. Recognizing this City project is connected with
the 55 Freeway, she and Mayor pro tem Slater will meet directly with the
mobile park homeowners early on. Staff was directed to provide Mayor Coontz and Mayor
pro tern Slater with the information necessary to discuss this issue with the mobile
home
park residents.MOTION -
Slater SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Alvarez ABSENT -
Spurgeon ACTION: Approved
District Agreement Nos. 12-338 and No. 12-339 with Caltrans and
authorized the Mayor and City Clerk to execute the agreements on behalf of the City.
Appropriated $135,000 to Account #284-
5011-483300-
CITY COUNCIL MINUTES September 8, 1998
3. CONSENT CALENDAR (Continued)
APPROPRIATIONS
3.7 Re-appropriations to the Fiscal Year 1998-99 Budget. (
C2300.E)SUMMARY: In closing the FY 1997-98 books, certain
FY 1997-98 budget appropriations have been identified as not being previously carried over. As
a result, a re-appropriation to the FY
1998-99 Budget is necessary.ACTION: Approved the re-appropriation FY
1998-
99 Budget summarized in the Staff Report.FISCAL IMPACT: None. As certain funds were not
carried over into the FY 98/99 Budget, a re-appropriation to
the FY 1998-99 budget from unappropriated
reserves
to recapture these previously appropriated funds is necessary.BIDS 3.8 Bid No.
989-03; SP-3252; Award contract to Viking Equipment Corporation for
asbestos abatement and demolition and
right-of-way clearance at 205-235 W. La Veta Avenue. (
A2100.0 AGR-3106)SUMMARY: This project involves asbestos abatement and demolition of a city-
owned eight-plex property located at 205-235 West La
Veta Avenue. This action is part of the Critical Intersection Improvement at
La Veta Avenue and Glassell Street.ACTION: Awarded a contract to Viking Equipment Corporation in the amount
of 19,800.00 and authorized the Mayor and City Clerk
to execute on behalf of the City.FISCAL IMPACT: Funds are budgeted
in the Capital Improvement
Program
and available in Account No. 271-5011-483300-
3017 $19,800.00 (Glassel1/
La Veta Critical
Intersection-Special Gas Tax Construction)CLAIMS 3.9 CLAIMS
FOR DAMAGES FROM (
C3200.0)a. William and Judith Dobbs b. John Robertson c. Quoc
Cuu Huynh (
CITY COUNCIL MINUTES September 8, 1998
3. CONSENT CALENDAR (Continued)
QUITCLAIM DEED
3.10 Quitclaim to Orange Housing Development Corporation all interest in a slope and
fill easement located on the north side of Marmon Avenue at Hewes Street.
D4000.0)
SUMMARY: The Orange Housing Development Corporation wants to eliminate old
easements that are no longer necessary.
ACTION: Authorized Mayor and City Clerk to execute a Quitclaim Deed to Orange
Housing Development Corporation for an eight foot slope and fill easement on a vacant
lot located at the northwest corner of Hewes Street and Marmon Avenue.
FISCAL IMPACT: None.
RESOLUTIONS
3.11 RESOLUTION NO. 8998
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 98-7 adjusting lot lines of certain real property situated at Lot 23 and Lot S in
Tract No. 15027 in the City of Orange, County of Orange, State of California, more
particularly described in Exhibits "A" and "B". (C2500.M.16.1
LLN-98-7)Location: 6315 E. Goldenrod Lane and Lot S in
Tract No. 15027 Record Owners: Gregory and Rita Ferguson, and
Parkridge Community
Association.ACTION: Approved.REMOVED
AND HEARD SEPARATELY)3.12
RESOLUTION NO. 8999 A Resolution of the City Council of the City of Orange approving
Lot Line Adjustment LL 98-8 adjusting lot lines of certain real property situated at Parcels 1
and 2 of Parcel Map No. 85-278 in the City of Orange, County of
Orange, State of California, more particularly described in Exhibits "A" and "B". (
C2500.M.16.1 LLN-98-8)Location: East side of Meads Avenue
south of Acre Place (Ridgeline Country Club)Record Owners: Creekside/Orange Park
Acres, LLC, and David and Kerry Friemann.Discussion: Mara Brandman, 7319
Equitation Way, requested clarification on how lot line adjustments are decided upon and whether a precedent
is set as each lot line is adjusted? The Assistant City Engineer
explained a lot line adjustment is an administrative change in the way that a property is
subdivided, it
CITY COUNCIL MINUTES September 8, 1998
3. CONSENT CALENDAR (Continued)
an existing parcel, and does not necessarily dictate underlining zoning. Currently, the
property owner is attempting to segregate the tennis club from the rest of the golf course.
Their desire is to further develop the property if that is within Council's approval,
however, it does not set a precedent for that.
Laura Thomas, 7211 Clydesdale, Orange Park Acres, President of Orange Park
Association, commented the Orange Park Acres Planning Committee had not been
apprised ofthis application and requested consideration be given.
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, requested Council direct this
application be referred to the Orange Park Acres Planning Committee as it has a direct
bearing on the possible conversion of the golf course to a housing development. The
Committee has no interest in individual property owner's request, but if it affects the
general area or an area that is in dispute in the community, the committee would like the
opportunity to review the application.
Mayor pro tern Slater commented he wanted to ask the applicant specifically the reason
he wanted the lot line adjustment, indicating he believes it is in anticipation of further
developing the project into homes. He can not support the request until he knows the
reason for the request. The Assistant City Engineer explained, although he could not
speak for the developer, that approval of the lot line adjustment would allow them to
proceed with a subdivision of the golf course. Mayor pro tern Slater indicated he has a
problem with that.
Mayor Coontz asked if there would be a legal implication if the lot line adjustment is
denied? The City Attorney indicated he did not think so. He thinks it is appropriate, if it
is Council's direction, to ask the applicant what the underlying purpose for the request is.
The Director of Community Development indicated the role of the Orange Park Acres
Planning Committee was redefined a few years ago and aimed at policy level issues and
larger projects. There is a linkage between this issue and future development and for that
reason this application could be transmitted to the Orange Park Acres Planning
Committee for review.
Discussion ensued and Council concurred that the Public Works staff be directed to
provide information items to the Orange Park Acres Planning Committee to review
before it is forwarded on to Council.
MOTION - Mayor Coontz SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Alvarez ABSENT - Spurgeon PAGE
8
CITY COUNCIL MINUTES September 8, 1998
3. CONSENT CALENDAR (Continued)
Moved to delay Lot Line Adjustment LL 98-8 asking if there is an application for
any change in land use that it come forth at that
time.3.13 RESOLUTION NO.
9005 A Resolution of the City Council of the City of Orange renaming Koll Center
Orange between Orangewood Avenue and State College Boulevard to "Orange Center
Drive".S4000.S.3.
6)Koll Center Orange is a private roadway that serves the mixed office use complex,
now known as Orange Center. The recommended street name change will benefit the
office complex and the public by identifying the roadway with the name of the
complex.ACTION:
Approved.MOTION - Murphy
SECOND - Alvarez AYES -
Murphy, Slater, Mayor Coontz, Alvarez ABSENT - Spurgeon
Item Nos. 3.
5, 3.6, and 3.12 were removed and heard separately. The remainder of the Consent Calendar was
approved as recommended.END OF CONSENT
CALENDAR 4. REPORTS FROM
MAYOR COONTZ - None 5. REPORTS FROM COUNCILMEMBERS -
None 6. REPORTS FROM BOARDS, COMMITTEES,
AND COMMISSIONS Tape 1970 6.1 Finance Director - Annual
review and approval of the Statement of Investment Policy for Fiscal Year 1998-99. (
A2500.0)The proposed changes to the
Statement of Investment Policy will add clarity and assist the City in monitoring the investment limits
that are currently in place. There is a very minor increase proposed in investment allowable in
the Local Agency Investment Fund (LAIF). The Finance Director reported the proposed modifications
to the policy include minor text changes, expansion of comparison performance indices, and
replacement of percentage limits with flat rate limits.RESOLUTION NO. 9004 A Resolution
of the City
Council of the City of Orange approving and adopting a Statement of Investment Policy and repealing Resolution
No. 8812.PAGE 9
CITY COUNCIL MINUTES September 8, 1998
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued)
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Alvarez ABSENT - Spurgeon Moved
that Resolution No.
9004 as introduced, be adopted and same was passed and approved by the preceding vote.
7. ADMINISTRATIVE REPORTS - None
8.REPORTS FROM CITY MANAGER
Tape 2144 8.1 Plaza Traffic Circulation
Demonstration Project. (S4000.S.3)A field demonstration projectwill
be conducted September 13-16, 1998 in the downtown Plaza to better assess the
impacts of proposed curb, gutter, sidewalk and parking modifications.NOTE: In response to
Councilman Alvarez's inquiry as to whether he should leave the dais on this item, the City
Attorney indicated since this is a receive and file action he could participate.The Traffic Engineer gave
a brief presentation and explained the proposed geometric layout of the demonstration project. The
demonstration project will better assess the impacts of proposed curb, gutter, sidewalk, and
parking modifications. An extensive community outreach effort will precede the field demonstration.
Press release have been issued and informational signs will be posted. Videotaping of the
traffic circulation will be used for refining the design and for companson purposes.Councilman Murphy
suggested that
Mike Damon, President of the Orange International be kept apprised of the project?
Are we re-taping the parking spaces for this test? The Traffic Engineer indicated the parking
spaces are being re-taped. Several parking configurations will be looked at.Councilman Alvarez
asked if traffic counts will be done on Orange or Olive Streets for any residual traffic?
The City Engineer responded traffic counts will be performed at twelve locations.Mayor
Coontz
commented drainage problems in the Plaza are one of the reasons for the proposed rehabilitation. When
the bricks sidewalks were put in, the drainage was not done properly so it drains towards
the historic building. A health issue was brought up regarding outdoor dining and keeping the
bricks clean.The Traffic
Engineer responded this project, in its ultimate design, will take care of the drainage problems. The
Assistant City Engineer explained the project attempts to address more room for pedestrian travel
as well as dining. The surface ofthe bricks are slippery when wet and difficult PAGE 10
CITY COUNCIL MINUTES September 8, 1998
8. REPORTS FROM CITY MANAGER (Continued)
to maintain. There is an existing surface drainage problem at the southwestern quadrant from the
alleyway.
Councilman Murphy indicated other safety issues will be changing the angling of the parking to
bring the curb lines out so there is only one lane of traffic merging in and out, and moving the
crosswalks to a more visible area so they are not in conflict with the merging activities.
NOTE: The City Attorney advised Councilman Alvarez that since the recommended action is to
authorize staff to proceed with the demonstration project, he should step down from the dais at
this time. Councilman Alvarez reported he will abstain on this item due to property interests on
the Plaza and So. Glassell and stepped down from the dais.
Barbara DeNiro, (address on file), expressed concern with the change being done to the Plaza.
Carole Walters, (address on file), asked if this change only affects the Plaza? Councilmembers
confirmed the change is only for the Plaza.
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz ABSENT - Spurgeon, Alvarez
Moved to receive and
file the report and authorized staff to proceed with the demonstration project with compliments to
staff for doing a conceptual test before creating conceptual reality.Councilman Alvarez returned to
the Council dais.9.LEGAL AFFAIRS Tape
2730 9.1 ORDINANCE NO.
14-98 An Ordinance of
the City Council of the City of Orange amending Title 17 of the Orange Municipal Code and
approving the reclassification of property located on the southwest corner of Cypress Street and
Maple Avenue, addressed 190 North Cypress Street.(Z1500.0 ZCG-1190-97)Zone
Change 1190-97, Gary Mead (P.J.' s Depot Express)
NOTE: Mayor pro tern Slater abstained on this item due to currently being in escrow with the
applicant.
PAGE 11
CITY COUNCIL MINUTES September 8, 1998
9. LEGAL AFFAIRS (Continued)
MOTION - Murphy SECOND -
Alvarez AYES - Murphy,
Mayor Coontz, Alvarez ABSENT - Spurgeon ABSTAIN-
Slater Moved that
Ordinance
No. 14-98 be read by title only and same was passed and approved by the preceding vote.
9.2
ORDINANCE NO. 15-98 An
Ordinance of the City Council of the City of Orange amending Title 17 of the Orange Municipal
Code relating to the Old Towne Design Standards for Design and Environmental Review
and the boundaries of Old Towne. (A2500.0)MOTION -
Slater SECOND - Murphy
AYES - Murphy, Slater,
Mayor Coontz, Alvarez ABSENT - Spurgeon Moved that
Ordinance No. 15-
98 be read by title only and same was passed and approved by the preceding vote.9.3
ORDINANCE NO.
16-98 An Ordinance of
the City Council of the City of Orange amending Section 2.10.070 of the Orange Municipal Code
relating to campaign contributions. (A2500.0)MOTION - Slater SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz,
Alvarez ABSENT - Spurgeon Moved that Ordinance No.
16-98 be
read by title only and same was passed and approved by the preceding vote.10. RECESS TO THE
MEETING OF
THE ORANGE REDEVELOPMENT AGENCY PAGE 12
CITY COUNCIL MINUTES September 8, 1998
11. RECESS TO CLOSED SESSION
The City Council will recess to a Closed Session at 6:00 p.m. for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9
existing litigation. OCM Litigation - City of Orange, et al. v. Alabama Treasury Advisory Program,
et al. - Los Angeles Superior Court Case No. BC 106461; Bernette Anderson v.City of
Orange - Orange County Superior Court Case No. 68 52 16.b. Conference with
Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiator: Personnel Director
Steven Pham - Employee Organization: Police Association.c. Conference with Legal
Counsel - anticipated litigation. Significant exposure to litigation pursuant to Government Code Section
54956.9(b) (one potential case) Contractwith ORRS.d. 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 2889
Carole Walters, (address on file),
continued her explanation from Public Comments at the 4:30 p.m. session regarding her
removal from the Council Chambers at the August 25th meeting due to an incident with the City
Manager's son and requested a letter be sent out indicating the City will not tolerate attacks on anyone.
Ms. Walters said if her First Amendment rights are taken away, a lawsuit will be filed.At
the request of Mayor
Coontz, the City Clerk read from the General Protocol of the Council agenda, Ordinance No. 43-60,
which states any person making personal, impertinent or slanderous remarks or becomes
boisterous while addressing the Council shall, by the presiding officer, be barred from
further audience before the Council, unless permission to continue is granted by a majority
vote of the Council.Councilman Alvarez commented he
sent a memo to the City Manager and City Attorney asking that a report be
made on the incident, but understands the Police Chiefhad already made a report.The City Attorney indicated
the Police Chief is following up with other witnesses. A report will be made to the
Council.Norm Phillips, 348 Redwood,
commented on the August 25th incident involving Ms. Walters and further commented on the
cable franchise fee. What has been accomplished in the last year by the forensic accountant that
is working for the District Attorney? How much has the forensic accountant been paid? What
kind of information does the City have? The City Manager explained if the funds
approved by Council were fully expended, the cost would be approximately $220,000. This
would identify monies in the alleged ORRS fraud. The PAGE 13
CITY COUNCIL MINUTES September 8, 1998
12. PUBLIC COMMENTS (Continued)
accountant works for and under the direction of the District Attorney's office. The City Attorney
indicated the City will be paid back for the forensic consultant costs.
THE CITY COUNCIL RECONVENED WITH THE REDEVELOPMENT AGENCY BOARD AT 7:15 P.M.
13. PUBLIC HEARINGS
13.1 JOINT PUBLIC HEARING WITH ORANGE REDEVELOPMENT AGENCY
REGARDING PROPOSED DISPOSITION OF REAL PROPERTY IN THE
SOUTHWEST REDEVELOPMENT PROJECT AREA BY THE ORANGE
REDEVELOPMENT AGENCY TO CLM LLC Tape 3296
Time set for a joint public hearing with the Board of Directors of the Orange Redevelopment
Agency to consider the disposition of certain real property by the Agency to CLM LLC, a
California limited liability company ("Developer") pursuant to the terms and provisions of a
Disposition and Development Agreement. The Developer proposes to assemble and redevelop
approximately 4.28 acres of real property bounded by Culver Avenue, Main Street, LaVeta
Avenue and Alpine Road as a commercial retail shopping center consisting of no greater than
44,250 gross leaseable square feet (the "Project"). (p2500.0.1)
FISCAL IMP ACT: The sale of surplus City property to the Agency will result in a transfer of
18,000 from Agency Southwest Project Account No. 922-9811-
481102-4012-20047 (Property Acquisition) to City General Fund Account No.
100-0000-
291100-0000-20047 (Sale of Real &Personal Property).The Director of Economic
Development presented the report, indicating the scope of development includes a modern center
for the anticipated development of a pharmacy, restaurant and retail establishments. Two
businesses presently operating in the center (one resident occupied) and seven tenant-
occupied houses will need to be relocated. An experienced relocation consultant would meet with
each tenant to ensure they receive
every benefit allowed by Federal and
State relocation laws.MAYOR COONTZ OPENED THE PUBLIC HEARING.Barbara DeNiro, (address on file), asked if
City monies will be recouped at Main and Chapman?The Director of Economic Development
explained monies will be recouped from sales tax and jobs generated from the site over the years,
but the City will not recoup the acquisition costs.Mayor pro tern Slater noted the
necessity of the street widening at Main and Chapman.Mayor Coontz commented this plan went
back a few years when the City recognized the importance
of the
CITY COUNCIL MINUTES September 8, 1998
13. PUBLIC HEARINGS (Continued)
Councilman Alvarez asked for a comparison on property taxes now vs. what they will be with
the new development? The Director of Economic Development indicated property taxes will
increase. A greater portion will be received because the project is in a redevelopment area.
Councilman Murphy commented this is a well-defined opportunity for redevelopment, as
the center has been in decline for some
time.Steve Wilson, 334 S. Alpine, asked what the anticipated timeframe is for relocation?
The Director of Economic Development explained the standard notice is 90
days.MAYOR COONTZ CLOSED THE PUBLIC
HEARING.RESOLUTION NO.
9003 A Resolution of the City Council of the City of Orange authorizing the sale of property by
the Orange Redevelopment Agency to CLM LLC, a California limited liability company,
in accordance with a Disposition and Development Agreement by and between the
Orange Redevelopment Agency and CLM LLC for redevelopment of a site within the block bounded
by Culver Avenue, Main Street, La Veta Avenue and Alpine Road in the Southwest
Redevelopment Project; and approving the sale of surplus property located at the northeast corner of La
Veta Avenue and Alpine Road from the City of Orange to the Orange Redevelopment
Agency.MOTION - Murphy
SECOND - Mayor Coontz AYES -
Murphy, Slater, Mayor Coontz, Alvarez ABSENT - Spurgeon
Moved that Resolution
No. 9003 as introduced, be adopted and same was passed and approved by the preceding
vote.13.2 CONDITIONAL
USE PERMIT 2230-98; NEGATIVE DECLARATION 1564-98;M.
J. MARTINI: Tape 4062 Time
set for a public hearing to consider Conditional Use Permit No. 2230-98 to allow
construction of an accessory second unit upon property located at 638 East Walnut Avenue.
C3300.0 CUP-
2230-98)NOTE: The City Clerk read the following memorandum from Councilman Spurgeon
into the record: "Due to travel, I am unable to attend the Council meeting this evening. Based
upon my review of the staff report and recommendations regarding the above-referenced
CUP, however, I respectfully request to go on record as supporting the above application request
by
M. J.
CITY COUNCIL MINUTES September 8, 1998
13. PUBLIC HEARINGS (Continued)
The Director of Community Development reported the property is located at the southwest
comer of Walnut and Harwood. The lot is 8,875 square feet; zoned R-1-6; with
an occupied 1700 square foot house and three car garage. The surrounding area is
zoned R-1-6.MAYOR COONTZ
OPENED THE PUBLIC HEARING.Meredith Martini, 638 E. Walnut
Avenue, spoke in favor.MAYOR COONTZ
CLOSED THE PUBLIC HEARING.
MOTION - Mayor Coontz
SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz,
Alvarez ABSENT - Spurgeon
Approved Negative Declaration 1564-98 as an adequate and complete assessment
of environmental consequences related to the approval of the proposed
project.MOTION - Mayor Coontz
SECOND - Murphy AYES -
Murphy, Slater, Mayor Coontz, Alvarez ABSENT - Spurgeon
Approved Conditional Use
Permit No. 2230-98 with conditions as outlined in Planning Commission Resolution
No. PC-53-98.
14. PLANNING AND ENVIRONMENT - None 15.
ADJOURNMENT MOTION -
Mayor Coontz SECOND - Murphy
AYES - Murphy, Slater,
Mayor Coontz, Alvarez ABSENT - Spurgeon The City
Council adjourned at
7:38 p.m.7 k.,~~~~~~CASSANDRAJ :ATHCART, CMC
CITY
CLERKL~//L.!-;}Z::
7'7t, /
COONTZ
YOR PAGE
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