01-14-1997 Council MinutesApproved by the City Council on January 28, 1997
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
January 14, 1997
The City Council ofthe City of Orange, California convened on January 14, 1997 at 4:30 P.M. in
a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Spurgeon
1.2 ROLL CALL
PRESENT - Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
Murphy 1.3
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Mayor Coontz
announced that this is the first meeting that will be televised live on cable television.1.
4
PROCLAMATIONS A proclamation
was presented to Police Officer Dave O'Keefe for his heroic life saving efforts to
save an eight week old baby.A proclamation
was presented to Former Supervisor Donald Saltarelli for his representation of
the Third District.2.CONSENT
CALENDAR Tape 296 2.1
Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of
a regular meeting of January 14, 1997 at Orange Civic Center, Main Library,Police facility
at 1107 North Batavia, the Eisenhower Park Bulletin Board and summarized on
Time Warner Communications; all of said locations being in the City of Orange and
freely accessible to members of the public at least 72 hours before commencement of
said regular meeting.ACTION: Accepted
Declaration of Agenda Posting and authorized its retention as a public record
in the Office of the City Clerk.2.2
RequestCouncil confirmation of warrant registers dated December 10, 13, 24 and 27,1996.ACTION:
Approved.
PAGE 1
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CITY COUNCIL MINUTES January 14, 1997
2. CONSENT CALENDAR (Continued)
2.3 Request approval of City Council Minutes, Regular Meeting of December 10, 1996.
ACTION: Approved.
2.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
2.5 Request Council approve a utility easement with Pacific Bell and a ten year access license
agreement with Pacific Bell Mobile Services to use portions of the City's Water
Reservoir #6 property. (A2100.0 AGR-2703.
1)FISCAL IMP ACT: Revenues in the amount of $6,000 per year, increasing 5% each
year,will be paid to the Water Fund over the ten year life ofthe
agreement.ACTION: Authorized Mayor and City Clerk to execute on behalf of the
City.2.6 Request Council approve an agreement between the City and County of Orange
for Urban Park Grant Funding for Handy Park ConcessionlPicnic Shelter in the amount
of 115,000. (A2100.0
AGR-2737)FISCAL IMPACT: Funds are available in Account
No. 510-7021-481200-0017
ConcessionlPicnic Shelter - Handy Park).ACTION: Authorized Mayor and City Clerk to execute on
behalf of the City.2.7 Request Council approve an extension to the City's
computer services agreement with Business Records Corporation (BRC) to provide information
management services to the City for five additional months - February 1, 1997 through June 30,
1997. (A2100.0
AGR-0978.B.9)FISCAL IMPACT: Funds are budgeted in
Account No. 780-1601-
426700-0000 (Other Professional and Consulting Services).Discussion: Barbara DeNiro, (address
on file), requested an explanation of the 69,256.00 monthly fee paid for six months
and the
additional budget funds total of 415,536.The City Manager explained the extension to
the existing contract with BRC allows time to further evaluate whether Management
Information Services (MIS) will be brought in-house to staff or whether to
continue to
CITY COUNCIL MINUTES January 14, 1997
2. CONSENT CALENDAR (Continued)
The Police Chief, as Chairman of Management Information Systems (MIS), added the
existing contract has been in place for approximately seven years and BRC has been fair
in allowing the City to extend the contract for six months at the same price.
ACTION: Authorized Mayor and City Clerk to execute on behalfofthe City.
CLAIMS
2.8 CLAIMS FOR DAMAGES FROM:
a. Felix Sarmiento
b. Luis Sarmiento
c. Magaly Dupleich
d. Marin Sarmiento
e. Rosemary Villegas
f. Miguel Cruz
g. Guadalupe Cota
h. Terry Jones
FISCAL IMPACT: None.
ACTION: Denied applications for permission to present late claim and claims for
damages and refer to City Attorney and Adjuster. (C3200.0)
DISCLOSURE
2.9 Request Council accept Alan R. Burns, Interim City Attorney's disclosure of property
owned at 453 S. Glassell Street located in the Redevelopment Project Area. (C2500.B)
FISCAL IMP ACT: None.
ACTION: Approved.
REPORTS
2.10 Request Council accept the Comprehensive Annual Financial Report for the year ended
June 30, 1996. (C2500.J.1.3)
FISCAL IMPACT: None.
ACTION: Received and filed.
PAGE 3
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CITY COUNCIL MINUTES January 14, 1997
2. CONSENT CALENDAR (Continued)
RESOLUTIONS
2.11 RESOLUTION NO. 8723
A Resolution of the City Council of the City of Orange modifying the recommendation of
the Planning Commission of the City of Orange and granting a conditional use permit to
allow a change in operating hours and the off-sale of beer and wine upon
property situated on the west side of Santiago Boulevard, 400 feet south of Lincoln Avenue/
Nohl Ranch Road. (C3300.0
CUP-1981-92)Modification to Conditional
Use Permit 1981-92 Applicant:
O.K.
Partners 1 ACTION: Approved.2.
12 RESOLUTION NO. 8724 A Resolution of the City Council of the City of Orange agreeing
to a redistribution of property taxes for Reorganization No.
R096-13. (A3100.0 ANX-R096-13)
Proposed Reorganization
No. R096-13; Cerro Villa
Drive ACTION: Approved.2.13 RESOLUTION NO. 8725 A Resolution of the City Council of
the City of Orange approving Lot Line Adjustment LL 96-13 adjusting lot lines of certain real property
situated at Lot 23 and Lot S of Tract 8885 in the City of Orange, County
of
Orange, State of California. (C2500.M.16.1 LLN-96-13)Owners: Bill
D. and Glee Calliham, trustees
ofthe Calliham
Family Trust and Colony Crest
de Ville Community Assn.ACTION: Approved.2.14 RESOLUTION NO. 8726 A Resolution of the
City Council of the City of Orange finally accepting
the completion ofa
certain public work and
improvement. (A2100.
0 AGR-
CITY COUNCIL MINUTES January 14, 1997
2. CONSENT CALENDAR (Continued)
2.15 RESOLUTION NO. 8727
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 an accessory second
housing unit upon property situated on the east side ofKimbark Lane, 20 feet south of
Lewis Drive. (C3300.0 CUP-
2162-96)Conditional Use
Permit 2162-96
Applicant: Anton
Marinkovich ACTION:
Approved.STREET NAMES 2.16 Request Council approve street names for Tract No. 15027, located on
Loma Street south of Via Escola and north of Serrano Avenue which has been
previously approved for recordation. (S4000.
S.3.6)FISCAL
IMP ACT:
None.ACTION: Approved.
MOTION - Spurgeon SECOND -
Slater AYES - Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT - Murphy All
items on the Consent Calendar were approved as recommended.END
OF CONSENT CALENDAR 3.
REPORTS FROM MAYOR COONTZ 3.
1 COMMITTEES AND COMMISSIONS Tape 440 Confirmation
of Council City and Regional Committee appointments (terms to expire 11/98):With
a newly organized City Council, it is appropriate that we vote on our representation on Council
committees. Each Councilmember has had the opportunity to select the appointment which
meets his interest and time availability, the committees are as follows: (ORI800.0)Cities-
Schools Coordinating Committee
Mayor Coontz/Councilman Alvarez
PAGE 5
CITY COUNCIL MINUTES January 14, 1997
3. REPORTS FROM MAYOR COONTZ (Continued)
County Sanitation Districts of Orange County
Councilman Murphy/Mayor Coontz <Alternate)
Foothill/Eastern Transportation Corridor Joint Powers Authority
Mayor Coontz/Mayor pro tem Slater (Alternate)
Growth Management Area Committees
Mayor Coontz (second member by availability)
Joint Powers Fire Training Authority
Councilman Spurgeon
Orange County-City Hazardous Materials Emergency Response
Authority Mayor pro tem
Slater Orange County Council of Governments (
COG)Mayor pro tem
Slater Orange County Fixed Guideway
Agency Mayor pro tem
Slater Orange County League of
Cities Mayor Coontz (available council
member)Orange County Vector Control
District Councilman
Alvarez Orange Economic Development Partnership Advisory
Committee Mayor Coontz (second member fixed rotating monthly
schedule)Orange/Santa Ana-Joint Powers Authority Transportation System
Improvement Authority Year one - Councilman MurphyN ear two - Mayor Coontz
Santa Ana River Flood Protection Agency
Councilman Spurgeon
MOTION
SECOND
AYES
ABSENT
Mayor Coontz Spurgeon
Slater, Mayor
Coontz, Spurgeon, Alvarez Murphy ACTION: Confirmed
appointments.3.
2 Councilmembers have
recommended a reduction of citizen committees in an effort which began several years
ago. The following committees are recommended to be disbanded: (ORI800.0)Abandoned
Grocery Cart Ad
Hoc Committee Satellite market Ad Hoc
Committee Villa Park/Orange Development
Committee Miss City of Orange
Pageant Association Council Liaison Committee Orange International Street Fair
Council Liaison Committee Orange Sister Cities Association
Council Liaison Committee Parks, Recreation and Cultural
Arts Advisory Commission PAGE 6
CITY COUNCIL MINUTES January 14, 1997
3. REPORTS FROM MAYOR COONTZ (Continued)
Mayor Coontz reported the Abandoned Grocery Cart Ad Hoc Committee program is going well
under the direction of Chief Robertson. The Satellite Market Ad Hoc Committee was a one-
meeting committee about a year ago. The Villa Park/Orange Development Committee was
instituted several years ago when the City was experiencing difficulties communicating with
Villa Park and everything is fine at this time. The City is always willing to help the Miss City of
Orange Pageant Association Council Liaison Committee. The Orange International Street Fair
Council Liaison Committee and Orange Sister Cities Association Council Liaison Committee are
going well.
Community
service activities have expanded dramatically in the past few years and community services
has taken over the library direction. It is felt that the goals and objectives and the future ofthe
Parks, Recreation and Cultural Arts Advisory Commission be looked at and the activities that
they pursue.MOTION
SECOND
AYES
ABSENT
Spurgeon
Slater Slater,
Mayor Coontz,
Spurgeon, Alvarez Murphy ACTION: Approved.3.
3 Designate
City of
Orange Ambassador, former Councilman Fred Barrera, as the Orange Sister Cities Association representative.
MOTION SECOND AYES ABSENT Alvarez
Spurgeon
Slater,
Mayor
Coontz,
Spurgeon, Alvarez
Murphy ACTION:
Approved.3.4 Appoint Pat Buttress
to the
Community Video
Advisory Board to replace the vacancy created by Sandy Levine, term to expire December
31,1997. (ORI800.0.28)Mayor Coontz reported that several excellent applications had been
received for membership on the Community Video Advisory Board and indicated that other
activities are being looked at for those applicants to pursue.MOTION SECOND AYES ABSENT Slater
Alvarez Slater, Mayor Coontz,
Spurgeon,
Alvarez
Murphy
PAGE
7 I ..----
CITY COUNCIL MINUTES January 14, 1997
3. REPORTS FROM MAYOR COONTZ (Continued)
Moved to approve the appointment of Pat Buttress to the Community Video Advisory Board for
a term to expire December 31, 1997. The City Clerk directed to send a letter to Ms. Buttress and
other applicants that had applied for Board membership.
4.REPORTS FROM COUNCILMEMBERS Tape 572
Councilman Alvarez reported on his recent attendance a League of California Cities sponsored
conference in Sacramento for new Councilmembers.
5. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS - None 6.
ADMINISTRATIVE REPORTS Tape 596 6.
1 Treasurer's Report - For period ending November 30, 1996 (C2500.F)The Finance
Director reported the Cash and Investment balance ending November 30, 1996 was 105 million.
Cash disbursements exceeded cash receipts by approximately $1.5 millionwhich is attributed
to three payrolls paid in November, 1996. There was minimal investment activity during the
month. One investment totaling approximately $1 million matured and the proceeds were reinvested
in a Treasury Bill. The Local Agency Investment Fund balance was $8.3 million; the
Portfolio Yield to Maturity was 5.42%; theMarket Value as percent of Portfolio was 99.7%;
and the Portfolio Weighted-Average Time to Maturity was 1.62 years.MOTION
SECOND
AYES
ABSENT
Slater
Alvarez Slater,
Mayor Coontz,
Spurgeon, Alvarez Murphy Moved to receive
and file.
6.2 Appeal of the
City Traffic Commission's decision denying the request for turn restrictions at Meats Avenue and
Shaffer Street. (Continued from 11/12 and 12/10/96).Report from theDirector of
Public Works on temporary turn restrictions and speed humps. (S4000.S.3.3)
Mayor pro tem Slater did
not participate in this item due to a conflict of interest.The Director of Public Works
gave an overview of Council's action and direction given to staff at the December 10, 1996
meeting. The traffic signal modification will be installed in the next 60 to 90 days and an
additional30-45 days are needed to evaluate the effects of the modification.Temporary turn restrictions at
Meats Avenue and Shaffer Street have the potential for diversion of traffic to other
residential streets; are ineffective on a temporary basis; and require intensive enforcement. Temporary turn restrictions,
in combination with the signal installation, would mask the effectiveness of
the signal installation in dealing with the problem without the turn restrictions. It is proposed
that the speed hump study be expanded to develop a comprehensive Residential Neighborhood Traffic Management
Plan which would identify various strategies that PAGE 8
CITY COUNCIL MINUTES January 14, 1997
6. ADMINISTRATIVE REPORTS (Continued)
could be utilized in mitigating speed and traffic volumes in residential neighborhoods. The Plan,
in draft form, would be presented to the City Traffic Commission for review and public
comments and then presented to the City Council for final approval.
Mike Hennessy, 1802 N. Shaffer, commented that the traffic signal at Orange-Olive Road
and Glassell Street causes severe morning traffic back up and causes vehicular traffic on
Shaffer Street trying to bypass the signal. Mr. Hennessey requested something be done to slow down
the traffic on Shaffer Street and suggested a sign be posted indicating Shaffer Street is a 25
mph residential
street.The Director of Public Works responded that problems created by the traffic signal at
Orange-Olive Road and Glassell Street could be examined as part of the recommended
comprehensive Residential Neighborhood Traffic Plan. The suggested posting of a 25 mph sign is a
Council policy
issue.Mayor Coontz gave a synopsis of activities from past meetings and the comments made by
the community. Mr. Hennessy was directed to speak with the Director of Public Works after
the meeting. It was suggested a letter be sent to Saint Norbert's School and Taft School asking
they include information in their bulletins about the enforcement of the speed limit on Shaffer
Street.Councilman Alvarez suggested staffbe directed to create a timetable which would allow
the neighbors to see the progress on the
study.
MOTION
SECOND
AYES
ABSTAIN
ABSENT Alvarez
Spurgeon Mayor
Coontz, Spurgeon, Alvarez Slater Murphy
Moved to
deny the
appeal.MOTION SECOND AYES ABSTAIN
ABSENT
Alvarez
Spurgeon
Mayor
Coontz,
Spurgeon, Alvarez
Slater Murphy
Moved to direct staff to
prepare and
complete a
comprehensive "Residential Neighborhood Traffic Management Plan" study to mitigate the problems discussed
under the appeal to include the intersection of Meats Avenue and Orange-Olive Road
and Taft and Orange-Olive Road, and return to Council with an update in
five months.PAGE 9 1-----
CITY COUNCIL MINUTES January 14, 1997
6. ADMINISTRATIVE REPORTS (Continued)
6.3 Report from Public Works Director regarding Street Tree Ordinance revisions.
The Director of Public Works reported that changes were made to address concerns previously
raised by Council. The proposed revision was coordinated with Trees for Orange for their input
and commentary. The first change to the Street Tree Ordinance is the creation of a Tree
Advisory Board, appointed by the City Council, which would be responsible for providing
advice on the development of a comprehensive street tree plan, street tree inventory, and a master
tree list. The Board would act as an appeal body for permit denials on tree trimming, planting or
removal; conduct public hearings on tree removal requests, and recommend policy and
guidelines on tree removal and replacement.
The second change is the development of comprehensive plans and specifications that would be
utilized in directing the Street Tree Program. The proposed Ordinance identifies a violation as a
misdemeanor, however, Council has the option of making it an infraction. The current
provisions of the Orange Municipal Code state that any misdemeanor may be prosecuted as an
infraction, at the City Attorney's discretion.
The Director of Public Works indicated other cities with a heavy investment in the preservation
of street trees have a Tree Advisory Board. There is a need to have specific technical skills and
focus on the issues as a primary assignment. It is recommended at least two members possess a
professional background as an arborist, horticulturist, landscape architect or designer. City staff
consulted with Trees for Orange in preparing the proposed Ordinance, specific issues on tree
removals, Arbor Day programs, and tree plantings in the past. The role of the Board would be to
hear appeals on staff decisions and have the elements of openness and fairness that would resolve
the issues at that level and only the most egregious items would come before the City Council.
In response to Mayor Coontz, it was indicated that the most extreme violation of the Street Tree
Ordinance would be a tree removal without a permit and the least extreme violation would be a
tree trimming without a permit. The Interim City Attorney indicated six months in jail and a
1000 fine is the maximum penalty for a misdemeanor. However, the City Attorney has the
discretion to reduce the misdemeanor to an infraction which imposes a first offense maximum
fine of$250 and no jail time, recommend a lesser fine, or no fine at all.
Mayor Coontz expressed concern with damage to or removal of historic trees; the misdemeanor
penalty violation that would be imposed; the enforcement of the proposed Street Tree Ordinance;
and commented on the importance of tree education. The Interim City Attorney recommended
the broadest discretion on the penalty be given which would impose a significant penalty in the
event of an intentional removal of an historical tree. Information and concern was expressed on
how often the Board would meet and what percentage oftime would be spent making decisions
on complaints vs. master planning or educational activities.
Mayor pro tem Slater commented this is an issue he is passionate about. Trees for Orange has
helped residents concerned about trees marked for removal. The Committee is long overdue and
would provide public expertise and involvement in the area of street trees. It was suggested, if
the Board is approved, that instructions be given on limitations of the Board and a trial run ofthe
Board to sunset in one year.
PAGE 10
CITY COUNCIL MINUTES January 14, 1997
6. ADMINISTRATIVE REPORTS (Continued)
In response to Councilman Alvarez, the Interim City Attorney suggested if the Council is
concerned with not being consumed with hearing tree appeals as a matter of time consumption,
but would like to have the ultimate authority on the issue, an appeal process could be set up so
that only the Council make a decision based solely on the minutes. The Brown Act would apply
to the Tree Advisory Board.
Councilman Spurgeon commented that he is a tree advocate but expressed concern with
formalizing another Committee which would require more staff support. Trees for Orange does
an outstanding job although it is not under an official City committee.
Barbara DeNiro, (address on file), asked about the $20,000 from the County of Orange for trees
in Orange; expressed concern and opposition to the street tree policy; requested the letter and
attached pictures she submitted be included with this item, the second reading of the Ordinance,
and be considered when the Tree Advisory Board with public input is established.
Carole Walters, 534 N. Shaffer Street, suggested that some City-generated letters to residents
be routed first through the City Manager; indicated the tree department should be more
friendly;commented on trees obstructing stop signs; and staffs select enforcement of individuals
who violate the permit process. Concern was expressed for individuals experiencing costs
associated with removal of street trees and senior citizens inconvenienced by City tree roots in
plumbing,associated costs, and lack of assistance from the City. Ms. Walters questioned City trees
causing damage to private
property.The Director of Public Works explained if a healthy tree is removed, at the property owner'
s request, the cost of removal and replacement is at the property owners expense. If the tree is
the proximate damage to a house lateral, the City will remove the tree and has reimbursed at least
a portion of the cost. It is the department's goal to improve customer service and present issues
in a positive fashion when corresponding with the
public.The City Manager expressed his confidence in the department heads to properly review with
staff the tenor of letters and the conduct with the public. It was further indicated that staff needs to
be trusted with the discretion to properly enforce the ordinance with the level of a
misdemeanor.Good code enforcement and compliance requires flexibility and the ability to do enforcement
to the level of the crime and the
issue.Bea Herbst, 1435 E. Walnut Street, commented she is an advocate for trees and has been
working with City staff to develop a new ordinance. The Tree Advisory Board would make city
policies user friendly to the residents ofthe
City.Jim Barry, 4705 E. Chapman Avenue, an arborist in the City of Orange and founding member
of Orange for Trees, commented that the changes to the proposed Ordinance will help clarify
the process and recommended the adoption of the
Ordinance.
MOTION
SECOND
AYES
ABSENT Mayor Coontz
Spurgeon Slater,
Mayor Coontz, Spurgeon, Alvarez Murphy PAGE
11 u.
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CITY COUNCIL MINUTES January 14, 1997
6. ADMINISTRATIVE REPORTS (Continued)
Moved to continue for one month. The Director of Public Works to define a work program for
an advisory group with an indication of what the priorities are and an expectation of how much
time would be spent on any of these issues and provide an opportunity to see how they work; the
amount of time and cost of staff support and address the other questions of concern.
7.REPORTS FROM CITY MANAGER Tape 3293
The City Manager reported that a study session has been scheduled for Wednesday, January 15,
1997 at 4:30 p.m. in the Weimer Room for a discussion on the petition by the Old Towne
Preservation Association. A visitor from the State Office of Historic Preservation will speak to
Council and address Council's questions and concerns.
8.LEGAL AFFAIRS Tape 3349
8.1 ORDINANCE NO. 27-
96 An Ordinance of the City Council of the City of Orange establishing term limits for the offices
of City Council and Mayor. (A2500.
0)
MOTION
SECOND
AYES
ABSENT Spurgeon
Slater Slater,
Mayor Coontz, Spurgeon, Alvarez Murphy Moved
that Ordinance
No. 27-96 have second reading waived and be adopted and same was passed and
adopted by the preceding vote.8.2
ORDINANCE NO. 32-96 An
Ordinance of the City Council of the City of Orange repealing Chapter 9.16 ofthe Orange Municipal
Code and replacing it with a new Chapter 9.16 relating to the prohibition of drinking in
public. (A2500.0)The
Interim City Attorney indicated Councilmembers have expressed concern with the prohibition
of drinking in public with respect to the residential front yard areas and the driveway residential
areas. The phrase "front yard and driveway areas of residential areas not enclosed by a
fence" could be deleted which would require a new first reading ofthe Ordinance with the deletions.
Mayor
Coontz indicated that Carole Walters submitted a letter from the legal firm, Toledano &Wald,
which will be made part ofthe record.Norm
Phillips, 348 Redwood, commented that the City Council was addressing a problem that doesn'
t exist.PAGE
12
CITY COUNCIL MINUTES January 14, 1997
8. LEGAL AFFAIRS (Continued)
Ruth Calvert, 1262 San Remo Place, expressed concern with the proposed prohibition of
drinking in public with respect to residential front yard and driveway residential areas and
thanked Council for reconsidering the proposed Ordinance.
MOTION
SECOND
AYES
ABSENT
Spurgeon Slater
Slater, Mayor
Coontz, Spurgeon, Alvarez Murphy Moved that
Ordinance No.
32-96, as amended to delete the phrase "front yard and driveway areas of residential
areas not enclosed by a fence" have first reading waived and same was set for second reading by
the preceding vote.8.3 ORDINANCE
NO. 33-96 An Ordinance
of the City Council of the City of Orange amending Chapter 5.35 ofthe Orange Municipal Code
regarding the provision of ambulance services. (A2500.0)MOTION SECOND
AYES
ABSENT
Slater
Spurgeon
Slater, Mayor
Coontz, Spurgeon,
Alvarez Murphy Moved that Ordinance No.
33-96
have second reading waived and be adopted and same was passed and adopted by the
preceding vote.8.4 ORDINANCE NO. 34-
96An Ordinance ofthe City
Council of the City of Orange amending Chapter 8.36 ofthe Orange MunicipalCode regarding weed
and rubbish control. (A2500.0)MOTION SECOND AYES ABSENT
Slater
Alvarez
Slater,
Mayor
Coontz, Spurgeon,
Alvarez Murphy
Moved that Ordinance No. 34-96
have second
reading waived and be adopted and same was passed and adopted by the preceding vote.
8.5 ORDINANCE NO. 4-97 An
Ordinance of the City Council
of the City of Orange declaring the need in the City of Orange,California for an Industrial Development Authority
and establishing such an Authority.The City Manager requested this item
be removed from the agenda to a date uncertain. Council concurred.PAGE 13 Tn
CITY COUNCIL MINUTES January 14, 1997
9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
10. ORAL PRESENTATIONS - NODe 11.
RECESS The
City Council recessed to Closed Session at 6:25 p.m. for the following purpose:a.
Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation.City
of
Orange vs. KPMG Peat Marwick, Orange County Superior Court Case No.772237.Ellen
Bonneville
vs. City of Orange, et al. Orange County Superior Court Case No. 75 13 40.
City of
Orange vs. Refco Securities, NASD 92-03685.b.
Conference with Legal Counsel - anticipated litigation.Initiation of
litigation pursuant to Government Code Section 54956.9(c) (one potential case).c.
To
consider and take possible action upon such other 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 The Interim
City Attorney announced the City Council reconvened from Closed Session at 7:05 p.m.
The case City of Orange vs. KPMG Peat Marwick was discussed and the remainder of the items under
Closed Session will be discussed at the conclusion of the 7:00 p.m. session.12.1
INVOCATION Bill Elkin,
Evangelical Free Church 12.2
PLEDGE OF ALLEGIANCE TO THE FLAG Girl Scout
Troop 430 12.3
ANNOUNCEMENTS - None 12.4 INTRODUCTIONS -
None 12.5 PROCLAMATIONS - None
PAGE 14
CITY COUNCIL MINUTES January 14, 1997
12.6 PRESENTATIONS
Presentation of 1996 Miss Orange Portrait to Tricia Roby.
13.PUBLIC HEARINGS Tape 4121
13.1 ORDINANCE AMENDMENT 1-95, BANNERS AND A-FRAME SIGNS,
CITY
OF ORANGE:Time set for a public hearing on petition by the City of Orange to consider
proposed Ordinance Amendment 1-95 modifying provisions of the Orange MunicipalCode Title
17.36, Sign Regulations, specifically relating to the length of time allowed for display of
banners and A-frame signs and conditions for such
display. (A2500.0)This proposed amendment pertains to all zoning districts within the City of
Orange where Office Professional, Commercial, Industrial and Institutional
uses are permitted.The Director of Community Development reported the
proposed amendment addresses temporary signs and banners used commonly for promotions, sales, and events.
It does not include permanent signs, signs on utility poles and other signs in
the public right-of-way.Currently banners are allowed for a 45 day period and A-
frame signs are not allowed. The Planning Commission recommendation attempts to
balance the desires of the business community with concerns for community appearance.
The regulations address all businesses in the commercial, industrial and office professional zone, which
would include the Old Towne area as well. The requirements ask that a sign permit be obtained
by the business which could be displayed for a maximum of 150 days during the course of the year,
which is an increase from 45 days under the current regulation. One portable sign and one
banner per tenant store front would be allowed. A limitation on sign size based on the tenant's store
front size and on sign location has been established. Banners would be required to be on
the store front themselves; other types of signs would not be allowed on the public sidewalk or
other public rights-of-way; and the signs must be within 10 feet of a businesses store front. No sign
would be allowed within 10 feet of a public right-of-way or other drive. The
signs are to be attractive and done in a professional manner. The sign ordinance precludes the
A-frame signs that exist in the Old Towne area. The Chamber of Commerce has requested
that the temporary signs be allowed for a full year rather than 150 days and that the signs
be allowed in
the sidewalk and public right-of-way within the 10 feet setback area.Councilman
Alvarez suggested that businesses be required to display a permit document for the public and staff
which would assist staff in enforcement of the ordinance. It was suggested the permit
indicate the time the sign would
be displayed to assist with enforcement efforts.MAYOR COONTZ OPENED THE PUBLIC HEARING.Fred
Whitaker, 80 Plaza Square, representing the Chamber of Commerce, spoke in opposition to
the Planning Commission proposal, indicating businesses need the ability and tools to promote themselves adequately
in today's economy. It was suggested that A-frame signs be allowed on public
property; the Public Works Department approve the placement of the sign; and the store owner
provide the
City
CITY COUNCIL MINUTES January 14, 1997
13. PUBLIC HEARINGS (Continued)
Bruce Patrick, 1733 N. Modoc Street, requested Council consider that the A-frames on
public property have 48inches of clear pedestrian traffic right-of-way and the signs
be
allowed year-round.Barbara DeNiro, (address on file), expressed opposition to A-frames
being placed on public property, sidewalks and parkways. Ms. DeNiro asked how many signs a
business can have; if the signs can be placed in areas other than their advertisement business;
and how the
ordinance will be enforced.Doug Hamilton, 2044 N. Silverwood Street, brought signs that have been
placed in the City which he referred to as "professional graffiti". It was requested
that Council consider requiring the event sponsor purchase a permit from the City and individually supply
a permission slip from the land owner where the sign will be placed. In the event sponsor fails to
do so, the event sponsor would be required to
clean up the City.Mayor pro tem Slater suggested the issue of these signs be agendized
for a future Council meeting and staff report back on what other cities are doing. It
was also recommended, with Council's concurrence, that size and location restrictions on political signs
be agendized for a future meeting. It was suggested by Mayor Coontz that enough time be
left between this issue and any other sign
issues to avoid confusion.Councilman Spurgeon asked that the Interim City Attorney be prepared
to address and discuss potential problems and First Amendment rights issues that other
cities have experienced with political signs, as well as
signs of commercial nature.Geneva Fulton, 454 S. Main Street, spoke in opposition to signs
placed on private property.THERE BEING NO FURTHER SPEAKERS, MAYOR
COONTZ
CLOSED THE PUBLIC HEARING.In response to concerns expressed, the Interim City Attorney
indicated that an encroachment permit could be considered which would also require a Certificate of
Insurance for signs placed in the public right-of-way. In the event of a criminal prosecution,
the City would also attempt to recover the costs ofthe code enforcement efforts to
bring the property owner into compliance.Council discussion
ensued and various concerns expressed were:The potential of a
proliferation of
signs in the City Enforcement issues The generosity of 150 days to display
signs in comparison to bordering cities Display of permit document by business owner and
time period sign would be displayed
The penalty imposed on various violations The potential for an adversarial
relationship developing staff and business owners Proliferation of banners located
on major
CITY COUNCIL MINUTES January 14, 1997
13. PUBLIC HEARINGS (Continued)
Mayor pro tem Slater indicated he feels the A-frame sandwich board signs fit in the Old
Towne area and requested staff police the Old Towne area last to allow the merchants time for
the ordinance to come back to Council for reconsideration ofalternatives.
Mayor Coontz commented that there is a lot of competition in the Old Towne area with A-
frame signs, tables and chairs, etc. Old Towne is a very special area and should be looked at
separately.Staffwas directed to prepare a time line with expectations, progression ofthe implementation
of the Ordinance, and what types of notices will be sent
out.The City Manager stated that his key issue of concern, as well as the that ofthe Public
Works Director and Community Development Director, is the ability to maintain some level
of enforcement upon whatever ordinance the City Council
determines.Councilman Spurgeon stated for the record: "I am personally concerned about
administrative burnout, as the City Manager has eluded to. We do all these grand and noble things and all
these various fine tuning of ordinances we have, which we need to do and revisit, I understand
that.We only have so many people to do and if we do it right we have got to have
enough concentration and not administrative burnout on the part of the staff, because they are spread
too
thin".
MOTION
SECOND
AYES
ABSENT Slater
Mayor Coontz Slater,
Mayor Coontz, Spurgeon, Alvarez Murphy Moved
that this
project is categorically exempt from the provisions ofthe California Environmental Quality Act (
CEQA) pursuant to Section 15311 ofthe State CEQA Guidelines.MOTION SECOND AYES
ABSENT
Slater
Mayor
Coontz
Slater, Mayor
Coontz, Spurgeon, Alvarez
Murphy Moved to approve Ordinance Amendment
1-95
as outlined in Planning Commission Resolution No. PC-37-96; an Ordinance
be prepared to include the suggestions made by Councilman Alvarez relative to posting
the dates at the business; a report be brought back to Council regarding the Old Towne
issue in terms of the A-frame signs; and the sign ordinance return to Council within two
years for reevaluation.1 14. PLANNING
AND
ENVIRONMENT - None PAGE 17 I
CITY COUNCIL MINUTES January 14, 1997
15. ORAL PRESENTATIONS
Barbara DeNiro, (address on file), asked how many permanent signs can be placed on business
strips and properties; expressed concern with Old Towne being excluded from the proposed
Ordinance; and commented on various signs throughout the City. Ms. DeNiro indicated that she
would speak with the Director of Community Development regarding these issues and requested
she be advised of the legality of the business, Touch of Romance
The City Manager responded that staff will provide Ms. DeNiro with a copy of the sign
ordinance.
Bruce Patrick, 1733 N. Modoc, expressed his appreciation to Councilman Slater relative to his
comments on the proposed improvements to the Ordinance and thanked staff member, John
Godlewski for his efforts.
RECESS:
The City Council recessed to Closed Session at 8:30 p.m. to discuss the remainder of the Closed
Session items which were not discussed after the 4:30 p.m. session.
16. ADJOURNMENT
MOTION
SECOND
AYES
ABSENT
Spurgeon Mayor
Coontz Slater, Mayor
Coontz, Spurgeon, Alvarez Murphy The City
Council adjourned
at 9:18 p.m. in memory of Walter Frick to an Adjourned Regular Meeting, January 15, 1997
at 4:30 p.m. in the Weimer Room to consider the proposed Old Towne Historic District.AJi/
lp~/'h;d-
CASSANDRA J. THCART, CMC
CITY CLERK PAGE 18