11-24-1998 Council MinutesAPPROVED BY THE CITY COUNCIL ON JANUARY 12, 1999
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING November 24, 1998
The City Council ofthe City of Orange, California convened on November 24, 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
Reverend VanDenBerg, Covenant Presbyterian Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Murphy
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.4
PRESENTATIONS/ ANNOUNCEMENTS/ PROCLAMATIONS Employee Recognition
Service Awards were presented by the City Manager to: Police Officer David
Hill, Bob Stolhand, Public Works Department, Paul Lobato, Community Services Department
and Tom Thies, Fire Captain.2. PUBLIC
COMMENTS Carole Walters,
address on file, requested the recycling bin charges on the City's Sanitation bill
be agendized in January, 1999 for discussion. Regarding the Plaza Project,people think
if the traffic goes to one lane it is tearing up the plaza.Bob Bennyhoff,
Orange Park Acres, complimented the City Manager and Department Heads on
the Fourth and First Quarter Budget Reports included in the Agenda packet.3. CONSENT
CALENDAR 3.1
Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of
a regular meeting of November 24, 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.PAGE
1
CITY COUNCIL MINUTES November 24, 1998
3. CONSENT CALENDAR (Continued)
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 November 5 and 12, 1998.
ACTION:Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, November 10, 1998.
ACTION: Approved. NOTE: Councilman Murphy abstained due to his absence
from the subject meeting.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
AGREEMENTS
3.5 Cooperative Agreement with the Providence Association for the construction of the
Stewart Drive Storm Drain from Main Street to Bush Street. (A2100.0 Agr.3162)
SUMMARY: This agreement defines the conditions and requirements between the City
of Orange and the Providence Association for the cost sharing and implementation of
engineering, construction, and contract administration for the Stewart Drive Storm Drain
from Main Street to Bush Street.
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City.
FISCAL IMPACT: Funds will be allocated to the following accounts at the time of
award: 530-5011-483400-5387 $30,000.00 and 550-
5011-483400-5387 $
60,
000.00 CIP Drainage Districts).APPROPRIATIONS 3.6 Appropriation of $6,500 for
payment of Orange County Sanitation District assessment for
City Hall property. (OC1300.G.5)SUMMARY: Until recently, the City has not received
a bill for the Orange County Sanitation District assessment for City Hall
property. Therefore, this expenditure was
not included in the annual budget.ACTION: Appropriated $6,500 for payment
of the Orange County Sanitation District
annual assessment
CITY COUNCIL MINUTES November 24, 1998
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds are available to be appropriated from general fund reserves to
non-departmental property taxes (
100-
0000-435600).BIDS 3.7 Project No. SP-3258; Bid No. 989-15; Approval
of plans and specifications and permission to advertise bids for the installation
of steel pipe bollards
along Montgomery Way. (S4000.0)SUMMARY: Plans and specifications have been
completed for the installation of protective steel bollards along Montgomery Way, within
the OCTA right-of-way from La Veta Avenue to 300 feet north of La
Veta. The project will provide protection for vehicles parked on the OCTA
right-of-way from the adjacent
railroad tracks. The estimated construction cost is $10,000.ACTION:
Approved plans and specifications and authorized advertising for bids.FISCAL IMPACT: Funding for this
type of work is provided in the department's operating budget utilizing
Measure
M - Street Maintenance Services Account No. 262-5021-427100.3.8 Project No. SP-
3256; Orange Fire Department Fire Station 6 - Barrier Wall;Approval of plans
and specifications and advertising for bids. (C2500.M.8)SUMMARY: Plans
and specifications have been completed for the construction of Orange Fire Department Fire Station 6 - Barrier
Wall, and the project is ready to be advertised for
bids. The estimated construction cost is $25,000.ACTION: Approved
plans and specifications and authorized advertising for bids.FISCAL IMP ACT: Funds are budgeted
in the General Fund and available in the following
Account
100-3021-471200-0000 $49,041.56 (
Fire Suppression Bldg.Improvements).
3.9 CLAIM FOR DAMAGES: (C3200.0)a. John S. Wikle ACTION:
Denied claim
CITY COUNCIL MINUTES November 24, 1998
3. CONSENT CALENDAR (Continued)
CONTRACTS
REMOVED AND HEARD SEPARATELY)
3.10 Mills Act Contract #MAC-04.0-98, (Historic Property
Preservation Agreement)continued from November 10, 1998). (A21 00.0
Agr 3151)SUMMARY: A proposal to approve Mills Act Contract for a single
family, historic residence within the Old Towne Orange Historic District. Estimated
costs associated with the repair, rehabilitation and maintenance performed by the owner for
the (minimum 10 year) term of this contract total $26,400. Location: 340 S.
Grand St.Speaker: Carole Walters, address on file, asked if the people do not have the
funds to complete the contract on time, what happens? Concerning the estimated property
tax loss to the City, it seems low now, but in the future the sum will increase and the
City will
lose money.The Director of Community Development indicated an annual review will
be completed as well as a comprehensive review every five years. If the schedule of
improvements is not completed as listed in the contract, it will be reported to Council
with a recommendation to terminate the contract. Since this is a Pilot Program, it will
return to Councilin February/March depending on when the County
Assessor provides information on the actual amount
of taxes.MOTION -
Spurgeon SECOND - Alvarez
AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez ABSTAINED -
Slater ACTION: Approved
and authorized the Mayor and City Clerk to execute on behalf of the City.
NOTE: Mayor pro tem Slater abstained because he sold a property within two homes of
the subject location.FISCAL IMP
ACT: The estimated property tax loss to the City is in the range of $270 to 370 per
year.3.11
Mills Act Contract #MAC-06.0-98, (Historic Property Preservation Agreement).
A2100.0 Agr 3165)
A proposal to approve Mills Act Contract for a historic, single family, 1923 Bungalow
located within the Old Towne Orange Historic District. Estimated costs associated with
the repair, rehabilitation and maintenance performed by the owner for the (minimum 10
year) term of this contract total $32,260. Location: 545 S. Orange St.
PAGE 4
CITY COUNCIL MINUTES November 24, 1998
3. CONSENT CALENDAR (Continued)
ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of
the City. NOTE: Mayor pro tem Slater abstained because he owns a property within
300 ft. ofthe subject location.
FISCAL IMP ACT: The estimated property tax loss to the City is in the range of $270 to
370 per year.
3.12 Mills Act Contract #MAC-09.0-98 (Historic Property
Preservation Agreement).CA2100.0
Agr 3164)SUMMARY: A proposal to approve Mills Act Contract for a single
family, historic residence within the Old Towne Orange Historic District. Estimated
costs associated with the repair, rehabilitation and maintenance performed by the owner for
the (minimum 10 year) term ofthis contract total $54,500. Location: 248 S.
Batavia St.ACTION: Approved and authorized the Mayor and City Clerk to execute on
behalf of
the City.FISCAL IMPACT: The estimated property tax loss to the City is in the range of $
250 to 320
per year.3.13 Mills Act Contract #MAC-12.0-98 (
Historic Property Preservation Agreement).
A2100.0 Agr 3163)SUMMARY: A proposal to approve Mills Act Contract for a
one and one-half story,single family, historic 1909, Hip Roof Cottage within
the Old Towne Orange Historic District. Estimated costs associated with
the repair, rehabilitation and maintenance performed by the owner for the (minimum 10 year) termof
this contract total $35,400.
Location: 628 E. Palmyra Ave.ACTION: Approved and authorized the Mayor and City Clerk
to execute on behalf of the City. NOTE: Mayor pro tem Slater abstained because he sold
a home within 300 ft.of the subject
property within the last year.FISCAL IMP ACT: The estimated property tax loss to the City is in
the range of $
220
to 320 per year.RESOLUTIONS
3.14 RESOLUTION NO. 9038 A Resolution of the City Council of the City
of Orange temporarily closing Collins Avenue between Handy Street and the SR-55 Freeway
for construction ofa
City storm
drain. (
CITY COUNCIL MINUTES November 24, 1998
3. CONSENT CALENDAR (Continued)
ACTION: Approved.
3.15 RESOLUTION NO. 9042
A Resolution of the City Council of the City of Orange applicable to the Christmas
Holiday for the Calendar Year 1998 approving the closing of certain City facilities
between Christmas and New Years, and granting an additional one-half day of
holiday time on December 31, 1998 to all employees other than certain safety employees
with these safety employees receiving certain in-lieu holiday leave. (C2500.
J.4)
ACTION: Approved.3.16 RESOLUTION
NO. 9044 A Resolution of the City Council of the City of Orange finally accepting
the completion of a certain public work and improvement; Bid No. 989-03;
SP-3252; Viking Equipment Corporation; Asbestos Abatement and Demolition and Right of
Way Clearance at 205-235 W. La Veta Avenue, Orange. (
A2100.0
Agr 3106)ACTION: Approved.3.
17 RESOLUTION NO. 9045 A Resolution of the City Council of the City of Orange
finally accepting the completion of a certain public work and improvement; Bid No. 978-
51; SP-3241; Roy Allan Slurry Seal, Inc.; Street Maintenance 1997-1998,
Slurry Seal
at Various
Locations. (A2100.0 Agr 3065)
ACTION: Approved.3.18 RESOLUTION NO. 9023 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 the retail sale of alcoholic beverages in an
M-2 Zone upon property located at
2164 North Batavia Street. (C3300.
0 CUP 2243-98)Conditional
Use Permit No. 2243-98 Applicant: Young's Market Co.
ACTION: Approved. NOTE: Councilman Alvarez abstained due to his owning property
at 2188
CITY COUNCIL MINUTES November 24, 1998
3. CONSENT CALENDAR (Continued)
MOTION - Spurgeon SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Item No. 3.
10 was removed and heard separately. Mayor pro tem Slater abstained on Item Nos. 3.
10, 3.11 and 3.13 due to property interests (see item for explanation).Councilman Alvarez abstained
on Item 3.18 because he owns a business at 2188 N.Batavia and Councilman
Murphy abstained on Item 3.3 because he was absent from the subject Council meeting.
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 - None.7. ADMINISTRATIVE REPORTS 7.1 Treasurer'
s Report for
the period ending October 31,1998. (C2500.F)The Finance Director presented the report.
MOTION - Mayor Coontz SECOND - Murphy A
YES - Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez
Moved to receive and file.8. REPORTS FROM CITY
MANAGER 8.1 Report of
costs for City of Orange
participation in New Year's Eve event, to be held at The Block at Orange on December 31, 1998 (
continued from November 10, 1998).C2500.E)The City Manager indicated public safety is
the concern
and it includes Police Officers;participation from the Fire Department; concerns regarding exiting issues,
and where events will take place at The Block.PAGE 7
CITY COUNCIL MINUTES November 24, 1998
8. REPORTS FROM CITY MANAGER (Continued)
Jerry Engen, Vice President of The Mills Corporation, representing The Block, One City
Boulevard West, Suite 1,000, commented they are trying to create an annual event that will be
something The Mills and the City can be proud of. This was envisioned as a partnership with the
City. Preliminary plans have been laid out relating to entertainment; a swing band in the park
theatre adjacent to Dave and Buster's area which is an empty anchor pad. The Mills Corp.
deliberately did not go into complete detail because they wanted to see if the City would like to
participate in the planning of entertainment.
The Fire Chief commented the park theater adjacent to Dave and Busters was a much better site
for access and exiting which will help the Fire Department to keep people safe.
Councilman Murphy asked how many people would possibly attend the New Years Event? Mr.
Engen estimated between 25,000 to 60,000 during that time frame.
Mayor Coontz commented public safety is an important issue especially when planning special
events. From the City's experience with the Street Fair, crowd control problems can occur if
there is a popular band in an outdoor event with narrow streets. The crowd tends to move in
tightly which creates a potential dangerous situation. Often times people panic because they are
not able to move for periods as long as twenty minutes. If the City is involved in financing this,
the major effort should be in security.
The Assistant to the City Manager reported the $1,150 budgeted for publicity would cover two
banners hung at the plaza and ~ page newspaper ad. Mayor pro tem Slater suggested also
utilizing Cable Television.
Carole Walters, address on file, spoke in opposition; concern was expressed about people
drinking and suing the City; Police Officers have enough to do city-wide on New Year's; and
the money should be used for Crossing
Guards.Bob Mickelson, P. O. Box 932, Orange, suggested using the transient occupancy taxes
collected over the years for this type of
promotion.The City Attorney commented from a liability standpoint the City's exposure would not be
much different than at the annual Street Fair. Even though the City is not a co-sponsor, the fact
that the City is contributing public safety personnel does not increase the liability. Any
time Police intervene in any situation there is possible exposure to liability. If a City employee is
at the event and is injured, the City would have worker's compensation liability.
Concern by Department Heads is what role staff will have at the event. Plans have to be made so staff
is not placed in a role they are not trained to do or would create
undo exposure.
CITY COUNCIL MINUTES November 24, 1998
8. REPORTS FROM CITY MANAGER (Continued)
For the Record - Councilman Alvarez commented he supports the event, but supports it as a one time
event that can be reviewed and see the successes. In spending the public funds for this, it is important
for the public to realize that their success in the sales revenue generated will more than pay
for the investment the City puts in for public safety.Mayor
pro tem Slater commented he supports The Block because it is a vital part of the City.Concern
was expressed that there has not been enough time for planning this event and he leaned toward
providing publicity only for this year. In January, 1999, the City can begin plans for the next
year participating at a low financial level.MOTION -
Murphy SECOND - Spurgeon
AYES - Murphy, Mayor
Coontz, Spurgeon, Alvarez NOES - Slater Moved to
approve Option 2 -
Emphasize Public safety and appropriate up to $15,000 from unappropriated General Fund reserves, to General
Fund Non-Departmental Account 100-0000-410000-7070. The emphasis
is to be on public safety and the City's emergency services are to work closely with
all the planning phases of this event. This will serve the City in the future in order to determine
what the security needs are for The Mills and the City. The City Manager is to find out
the projected costs for the public safety portion first, remaining dollars will assist set up and function
type management with building enforcement staffing assistance. The finalized details by the
City Manager are to return to Council December 8th.8.2 Presentation
of the Quarterly Budget Reports: Fourth Quarter 1997-98 covers July 1, 1997
through June 30, 1998 and First Quarter 1998-99 covers July 1, 1998 through September
30,1998. (C2500.E.4)The
City Manager presented the reports and indicated he combined his review of the fourth quarter
oflast year with the first quarter ofthis year.MOTION -
Murphy SECOND - Spurgeon
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to receive and
file.PAGE 9
CITY COUNCIL MINUTES November 24, 1998
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 9-
98 An Ordinance of the City Council of the City of Orange amending Section 17.18.030 of
the Orange Municipal Code relating to schools in Commercial Zoning Districts. (A2500.0
Zoning,
Commercial)MOTION - Murphy
SECOND - Spurgeon AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
Ordinance No. 9-98 be read by title only and same was approved and adopted by the preceding
vote.9.
2 ORDINANCE NO. 21-98
An Ordinance of the City Council of the City of Orange amending Chapter 5.86 and Sections
5.10.045, 17.04.020, 17.04.038, 17.18.030, 17.18.060, 17.20.030 and 17.20.050 of the City of
Orange Municipal Code relating to Sexually Oriented/Adult Businesses. (A2500.0 Massage
Therapy)
MOTION - Slater SECOND -
Mayor Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance
No. 21-98 be read by title only and same was approved and adopted by the preceding
vote.10. RECESS
TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS
TO CLOSED SESSION The City
Council recessed to a Closed Session at 5:44 p.m. for the following purposes:a. Conference
with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.9(a).
City of Orange v. Walkers, et aI., Orange County Superior Court Case No. 783377;OTPA v. City
of Orange, Orange County Superior Court Case No. 793465.b. Conference with
Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9(b).
Contract with Orange Resource Recovery Systems.c. Public Employee Performance
Evaluation pursuant to Government Code Section 54957.Title: City Attorney PAGE
10
CITY COUNCIL MINUTES November 24, 1998
11. RECESS TO CLOSED SESSION (Continued)
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 of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12. PUBLIC COMMENTS
Norm Phillips, 348 Redwood, requested the franchise fee issue be agendized. Orange Municipal
Code Chapter 13.82.010 - Franchise Fees was read. OMC Section 13.86.100 was also read concerning
public streets relating to franchise fees. It was suggested to lower the City's franchise
fee and double the fee on parking tickets for No Parking on certain days for street sweeping.
This solution would affect the ones not doing right. Also, quit giving corporate welfare
to everyone, such as the City's offer to advertise for The Block New Years Eve Event.Carole
Walters, address on file, commented when big business comes to the City they get assistance,
but a resident cannot get an issue on the agenda. Ms. Walters gave the City manager a
copy of her reports on the recycling issue.Mayor
pro tem Slater advised Ms. Walters the City Manager is placing the recycling bin issue on the
next agenda.13.
PUBLIC HEARINGS 13.
1 WEED ABATEMENT HEARING - FALL (C2500.H.2)Time set
for a public hearing for the purpose of considering and hearing objections to the proposed removal
of weeds which constitute a public nuisance. Resolution No. 9041 adopted by the City
Council of the City of Orange on November 10, 1998 declares weeds a public nuisance and initiates
abatement proceedings.MAYOR COONTZ
OPENED THE PUBLIC HEARING.Speaker: Carole
Walters, address on file, advised the Council there are still weeds at Hart Park near Cambridge
Street and the Senior Housing.THERE BEING
NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING.PAGE
11
CITY COUNCIL MINUTES November 24, 1998
13. PUBLIC HEARINGS (Continued)
The properties which constitute a public nuisance and must be abated by the removal of weeds
are:
Vacant lot nle corner of Cypress & Sycamore
3805 E. Spring St.
Vacant lot across street from 2905 E. Walnut
908 E. Lincoln
Assessors Parcel No. 039-
142-12 Assessors Parcel
No. 093-031-02
Assessors Parcel No. 093-
495-02 Assessors
Parcel No. 374-
491-10 MOTION - Murphy SECOND - Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to declare the subject properties a nuisance and
approve
abatement by a private contractor.14. RECESS
TO THE ORANGE REDEVELOPMENT AGENCY 15. RECESS TO
THE ORANGE INDUSTRIAL DEVELOPMENT AUTHORITY 16.
PLANNING AND
ENVIRONMENT - None.17.
ADJOURNMENT MOTION - Murphy
SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon,
Alvarez The City Council adjourned at 7:22 p.m. to an Adjourned Regular Meeting to be held
on Tuesday, December 1, 1998 at 7:00 p.m. in the Council Chambers for the Oath of
Office
Ceremony.ATHCART,
CMC
CLERK PAGE