06-10-1997 Council MinutesApproved by the City Council on July 8, 1997.
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING June 10, 1997
The City Council of the City of Orange, California convened on June 10, 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 Murphy
1.2 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.3
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Carrie and
Phil Hummel, co-chairs of Gogh Van Orange, thanked Councilmembers, staff,and
the community for their participation and involvement in the 3rd annual Gogh Van Orange
event sponsored by the Chamber of Commerce. Certificates of appreciation were presented
to staff members that assisted with the event.Mayor
Coontz announced the Friends of the Library Spring Meeting will be held at the Edward'
s House on June 14, 1997 from 10 a.m. to 4 p.m.The
Director of Community Services/Library reported on concerns expressed by residents living
in the areas ofthe proposed Little League soccer project at the McPherson Middle School
site. Those concerns need to be thoroughly explored and the most appropriate way
to accomplish it is through an environmental review process. Al Rice, a resident living
near the school, will be supplying the names and addresses of homeowners to the City
in order to provide notification of the meeting when the environmental review process
will begin. (C2500.M.4.19)1.
4 PROCLAMATIONS - None 2. CONSENT
CALENDAR 2.1
Declaration of City Clerk, Cassandra 1. Cathcart, declaring posting of City Council agenda of
a regular meeting of June 10, 1997 at Orange Civic Center, Main Library,Police facility
at 1107 North Batavia and 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.PAGE 1
TTnrH -I.
CITY COUNCIL MINUTES June 10, 1997
2. CONSENT CALENDAR (Continued)
2.2 Request Council confirmation of warrant registers dated May 27 and 30, 1997.
ACTION: Approved.
2.3 Request approval of City Council Minutes, Regular Meeting, May 27, 1997 and Special
Meeting, June 3, 1997.
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 Cooperative Agreement with the County of Orange for
widening of Chapman Avenue from Crawford Canyon Road to Newport Avenue.
A2100.0.Agr.2833)
FISCAL IMPACT: Funds in the amount of$263,184 have been budgeted in fiscal year
1996-97 for City's share of costs in Account No. 285-
5011-481lO2-
4009 (Chapman Grade Widening).ACTION: Authorized Mayor and City Clerk to execute on
behalf of the City.2.6 Request Council approve Master Agreement No. 12-5073
between the City of Orange and the State of California through the
California Department of Transportation enabling the City of Orange to receive and
administer certain Federal Transportation related program allocations. (
A2lO0.0.Agr.
0343.1)FISCAL IMPACT: None.ACTION: Authorized Mayor and City Clerk to execute
on behalf of the City.2.7 Request Council approve Program Supplement
No. M001 to Local Agency-State Agreement No. 12-5073 for three bridges for
seismic retrofit on the Santa Ana River Channel at Garden Grove Blvd., Orangewood Ave. and
Ball Rd. to be funded by the California Department of Transportation in the amount of $
5,000.00 to be used for processing of final plans, specifications
and cost estimates for advertising
and award.A2100.
0.Agr.0343.R)FISCAL IMPACT: None.ACTION: Authorized Mayor and City Clerk
to execute
on
behalf
CITY COUNCIL MINUTES June lO, 1997
2.CONSENT CALENDAR (Continued)
2.8 Request Council approve an agreement with Century 25 Theatres in the amount of
123,000 for construction ofa storm drain located at 1501 W. Katella Avenue (continued
from May 27, 1997). (A2100.0.Agr.2835)
FISCAL IMP ACT: Funds are previously approved and budgeted in the 1997/98 and
2003/04 Seven Year Capital Improvement Program.
ACTION: Authorized Mayor and City Clerk to execute on behalf ofthe City.
2.9 Request Council approve an agreement with the County of Orange to provide gang
prevention and suppression services, July 1, 1997 through June 30, 1998 at a cost not to
exceed $70,514. (A2100.0.Agr.1853.E)
FISCAL IMPACT: $70,514 has been budgeted in the FY 97-98 Budget of the
Police Department, Account No. 120-4031-426700 (Proposition 172 Fund,
Gang Unit Program,Professional
and Consulting Services).ACTION: Authorize Mayor and City Clerk to execute on
behalf ofthe City.2.10 Request Council approve a Consultant Agreement for Request for
Proposal 967-31 for the Master Plan for Parks, Facilities, Recreational and
Community Services to Purkiss Rose-RSI in the amount of $49,
700. (A2lO0.0.Agr.2836)FISCAL IMP ACT: Funds in the amount of $50,000 are
budgeted in Account No. 510-7021-485100-0008 (
Park Acquisition - Master Plan of Parks).ACTION: Authorized Mayor and City Clerk to
execute on behalf of the City.2.11 Request Council approve the First
Amendment to the Consultant Agreement with Purkiss-Rose RSI for additional
architectural services for McPherson Athletic Facility in the amountof $
40,900. (A2100.0.Agr.2722.1)FISCAL IMPACT: Funds in the amount of$716,
928 are budgeted in Account No. 510-
7021-481103-0143 (Park Acquisition & Development - Ballfield Relocation).The Director of Community
Services/Library
explained this is payment for services already rendered.ACTION: Authorized Mayor and City
Clerk to execute on behalf of the City.2.12 Request Council approve the
First Amendment to Consultant Agreement with Meyer and Associates for additional architectural
services for Handy Park Renovation inthe amount
of$18,
025. (A2lO0.0.
CITY COUNCIL MINUTES June 10, 1997
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds in the amount of$187,175 are budgeted in Account No. 510-
7021-481200-0017 (Handy
Park Renovation).ACTION: Authorized Mayor and City Clerk to execute on behalf of
the
City.BIDS 2.13 Request Council approve plans and specifications and authorize advertising for
bids for Tustin Street rehabilitation, from Collins Avenue to Bixby Avenue (S.
P. 3193).S4000.
S.7)FISCAL IMP ACT: Funds are budgeted in the
following
accounts:262-5011-483399-
4024 Local Surface Transportation Program)
262-5011-483300-4024 - City '
M' Turnback 172-5011-483300-4024 -
Gas Tax Construction 272-
5011-483300-4024 -
Gas Tax Prop.
111 1,006,
120.00 543,368.00 260,000.00 141,678.
00
ACTION: Approved plans and specifications and authorized advertising for bids.CONTRACTS 2.14 Request Councilapprove Contract Change
Order No.1 in the amount of $71,476.50 to Hillcrest Contracting, Inc.
for extra work beyond the scope of
original contract. Bid No.967-11, SP 3165. (A2100.0.
Agr.2711)FISCAL IMPACT: Funds are available in Account
No.
262-5011-483399-3432 (OCTA Measure M) and Account No. 550-5011-
483399-3422 (California Private Transportation Co.).Discussion: Barbara DeNiro, (address on file), requested an explanation
of the item.The Director of Public Works explained the two most significant items are: 1) extend
the limits of the asphalt concrete overlay to be installed as part of
the project to join the Tustin Street Rehabilitation Project; 2) the removal and reconstruction of a
concrete block retaining wall along the frontage of the Weekly Suites Motel; 3) other items relate
to the extension of the paving and 4) the removal of a concrete bulkhead
in an
existing catch
basin at Santa
CITY COUNCIL MINUTES June 10, 1997
2. CONSENT CALENDAR (Continued)
PERMIT
2.15 Request Council approve an Addendum to Transportation Permit No. 10041, concerning
the City Mills Project. (C2500.M.20)
FISCAL IMPACT: None.
ACTION: Approved.
PUBLIC CONVENIENCE OR NECESSITY
2.16 Request Council make a determination that the public convenience or necessity will be
served by allowing the Department of Alcoholic Beverage Control (ABC) to issue a
Type 21" Off-sale general license to a new Ralphs supermarket located at the
southeast comer ofYorba Street and Chapman Avenue. (p1300.0.
2)FISCAL IMP ACT: The applicant has paid all required fees which offset the staff costs
of processing this
project.ACTION:
Approved.PURCHASE
ACQUISITION 2.17 Request Council approve a proposal to purchase a digital
fingerprint acquisition/enhancement system using funds received through AB 3229 - Citizen's
Option for Public Safety Programs. (A2100.0)
FISCAL IMPACT: The cost of the system is $32,159.47. Funds are budgeted in
Account 354-4011-471301 AB 3229. There is currently a $75,155.00 balance
in the account. This account was created for funds received pursuant to AB 3229. There
is no impact on the
General Fund.
ACTION:
Approved.RESOLUTIONS 2.18 RESOLUTION
NO. 8770 A Resolution of the City Council of the City of Orange expressing
appreciation to Sergeant Juan A. Marrujo of the Orange Police Department and commending
him for more than twenty-eight years of loyal and dedicated
service. (C2500.
K)ACTION:
Approved.PAGE 5
CITY COUNCIL MINUTES June 10, 1997
2. CONSENT CALENDAR (Continued)
2.19 RESOLUTION NO. 8784
A Resolution of the City Council of the City of Orange agreeing to a redistribution of
property taxes for Annexation No. CA97-02. (A3100.
0)ACTION:
Approved.2.20 RESOLUTION NO.
8791 A Resolution of the City Council of the City of Orange consenting to the designation of
a certain City bridge and highway as a County bridge and highway for bridge widening
and related improvements. (S4000.S.3.
7)Location: Cannon Street (formerly Loma) from Santiago Canyon Road to
Lexington
Avenue ACTION:
Approved.2.21 RESOLUTION NO.
8792 A Resolution of the City Council of the City of Orange consenting to the designation of
a certain City bridge and highway as a County bridge and highway for seismic retrofit
and related improvements. (S4000.S.3.
7)Location: Chapman Avenue from Route 55 Freeway to Yorba
Street ACTION:
Approved.2.22 RESOLUTION NO.
8793 A Resolution of the City Council of the City of Orange concerning the status of
the Circulation Element for the City of Orange. (C2300.
E)ACTION:
Approved.2.23 RESOLUTION NO.
8794 A Resolution of the City Council of the City of Orange finally accepting the
completion ofa certain public work and improvement. (A2100.0.Agr.
2630)Bid No. 956-30; Baxter-Griffin Co., Inc.; installation of
street improvements, traffic signal and safety lighting at Tustin St.
and Quincy
Ave.ACTION:
Approved.PAGE 6
CITY COUNCIL MINUTES June 10, 1997
2.CONSENT CALENDAR (Continued)
2.24 URGENT ITEM
lThe
City Attorney announced the following urgent item was added to the Agenda by the Chief
of Police to retain a consultant to assist with the investigation of the trash haulers.Request
to appropriate $36,000 from the unappropriated reserves of the General Fund to provide
accounting services to the Police Department.MOTION -
Murphy SECOND - Slater
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved that the need
for immediate action arose subsequent to the posting of the agenda.MOTION - Murphy SECOND - Slater
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon,
Alvarez Moved to approve the request.MOTION - Spurgeon
SECOND - Slater AYES - Murphy, Slater,
Mayor Coontz, Spurgeon,
Alvarez Item No.
2.24 was added as an Urgent Item
and approved. The remainder of the Consent Calendar was approved as recommended.END OF CONSENT CALENDAR 3.
REPORTS FROM MAYOR COONTZ 3.
1 Report on Orange
Disposal Service and the Orange
Recycling Recovery Systems,Inc. (A2100.0.Agr.2188)l Mayor Coontz gave the
following statement: "Councilmembers and Residents
of Orange:
You may have read in the newspapers last week that the Orange
Police Department, with the assistance of the Orange County District Attorney, has begun an investigation
of Orange Resources Recovery Systems (ORRS). This, of course, is a matter of
serious concern to all of us.The City Attorney has been asked to briefly explain the investigation."
City Attorney, Dave DeBerry commented, this is an investigation which primarily
involves the operations of ORRS, an entity that is in its third year
of contract and this is its second audit year.ORRS operates the City's recycling program and the material recovery
facility. At that facility,the City's recyclables are collected and separated from the City'
s trash. It is anticipated the investigation will take several months. It is focusing on whether all
recycling revenues were appropriately reported and credited to the City.PAGE 7 TIITT II
CITY COUNCIL MINUTES June 10, 1997
3. REPORTS FROM MAYOR COONTZ (Continued)
It was noted that this is just an investigation at this time. No complaints have been filed against
anyone and the City will reserve judgment in these matters by letting the criminal investigation
and prosecution, if any, determine if any laws have been violated.
We will also be working to resolve several issues with the contractors. To this date, and also in
my own personal communications, both ODS and ORRS are cooperating fully with the City.
The District Attorney, the Police Department, and my office, have asked the Mayor and the City
Council, and the entire City staff, not to speak to issues concerning the criminal investigation.
We've made this request for several reasons, including potential negative impacts on that
investigation and the fact that nobody has been charged with any wrongdoing at this time. Any
questions concerning the investigation should be referred to the Police Department.
City Manager, Dave Rudat, commented this investigation came about in part because of
irregularities in an ORRS audit required by the City's 1994 contract with ORRS. The City staff
reacted to irregularities by hiring an independent outside firm to review specific ORRS financial
information. In short, staff ultimately recognized and addressed the potential problem. As the
review continues, it will be stressed that the City does not have sufficient information at this time
to conclude with certainty that the trash rates have already been negatively impacted, although
that is an issue that will receive the closest scrutiny.
If it is discovered that rates have been negatively impacted, the City will require restitution.
Maintaining the trash rates, among the lowest rates in the County today, is a major goal as the
City moves forward in this investigation. The City will continue to provide uninterrupted trash
collection and recycling service, and are now reviewing all aspects of trash and recycling
contracts. The City is interviewing consultants to make an independent review of trash and
recycling operations, the rate structure, and current contracts. The culmination of these
investigations and reviews will help determine the most appropriate course of action.
Appropriate oversight of trash and recycling operations is in place and will be uninterrupted as
trash service will continue.
The City Manager thanked staff and the new management team for their efforts in this matter. At
the proper time, he will outline some of the additional oversight mechanisms that will further
secure the City's control, as he has already begun this discussion with the Finance Director and
members of his staff.
Mayor pro tern Slater gave the following comments: "There are several things that I would like
staff to consider and the Council consider in the process as this unfolds. I appreciate the fact that
we are looking into a full investigation. I think it is definitely a wise move that we will be
getting outside accountants to go over the financial records. What I would like to see is a full
investigation that would include all the information that led to the formation of the recycling
facility, the actual ODS and ORRS and their contracts, as well as competitive costs comparison
with similar contractors and facilities and all the financial implications for the City of Orange.
Although we do have low trash rates, I've gotten complaints from a lot of people with regards to
some of the drop off boxes and some of those rates that are charged. As soon as this information
is available, I would like to ask that copies be given directly to the City Council.
PAGE 8
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CITY COUNCIL MINUTES June 10, 1997
3. REPORTS FROM MAYOR COONTZ (Continued)
I wish I didn't have to ask this, but I'm going to, and that is, are there any other accounts or funds
containing citizens' monies that we do not have direct control or oversight of? One ofthe
suggestions I would also like to make is that we have random audits of all of our outside
contracts so that we can make sure that they are performing according to the contract.
The third issue that I want to bring up is I have to know, and I think we all should know, when
staffwas first made aware of this problem and why we weren't immediately alerted. In studying
the audits for October 30th of 1995, I've learned that there were strong signs of irregularities that
raised red flags. The word "qualified" was used in that financial report. I've come to learn that
the word "qualified" means, well I guess to sum it up, that was the word that was used in
Chrysler's financial report when they went down the tubes. We are all humans and we all make
unknowing mistakes. When mistakes are made unknowingly, we can't go around in a witch hunt
and ruin people's lives to help keep the City running smoothly. We have a real good staff and I
think a lot of them. They have done a lot of good things in the last couple of years, worked very
hard, and they are all new, quite frankly. If wrong action is knowingly taken, however, there
needs to be accountability.
Next, I know one of the things that is important is that I feel that all Councilmembers need to be
informed of all contracts, audits and accounts the City is involved with. That way, no one can
have any excuse for not being totally accountable. We're asked to be accountable up here and
we can do that best by knowing everything that is going on. Even though nothing in the way of
trash contracts have appeared for consideration since I have been on the Council, I feel that
maybe I should have asked more questions about the contracts we have in place. But the net that
I want to cast over this picture is even broader. The net I want to cast asks that all new
Councilmembers be informed of all private contractor contracts and all accounts holding City
funds, and that this information be made available, in writing. I also want to see all contracts
reviewed by the Council every two years, and not just automatically extended.
Last Tuesday, we were first made aware of this. A rather lengthy and detailed presentation was
given to us regarding the allegations toward Orange Disposal Services and Orange Recovery
Services. As soon as the District Attorney will allow, I want that same presentation to be made
to the public and press. I feel we need to be as open with the public as possible, and I know, I'm
sure we all feel that way. We've got to get to the point where we do not try to hide our problems,
but instead, we bring them out in the open and we deal with them.
A couple ofthe things that I'm really concerned about and I know that, as further investigation
continues, it will be brought out, in the Orange Disposal Services Financial Statement ending June
30, 1996 and 1995, two things really come to my attention. In the Orange Disposal contract,
the officers salaries are supposed to be 5.5% of overall revenues. For 1994, they received
6.3%. For 1995, they received 11 %. For 1996, they received 13%. Even more than that,
nothing was made in the contracts that had anything to do with them renting facilities. So what
I've also learned is that the family rented the facilities to the corporation; Orange Disposal Services
retained another $300,000 in revenue for a total revenue they received in 1996 of$l million.
I have a hard time believing that that was the intent of the original contract. But, the bottom
line is, we all want this to be brought to light, as we can, as the DA will allow. We want PAGE
9 1
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CITY COUNCIL MINUTES June 10, 1997
3. REPORTS FROM MAYOR COONTZ (Continued)
the public to be brought into the loop on this. We want wrongs to be made right, if in fact there
have been any at all, strictly allegations at this point. But I think we are taking steps in the right
direction and I would also like to see that this be agendized weekly until this is resolved."
Councilman Alvarez commented for the record: "I just wanted to mention that eight months
ago, during my campaign for City Council, I did point out the problems of billing practices on
the water bill. It is important for me to say that because when we run for office, a lot of the
public accuses us of not following through on our promises. But I did do that and I will make
those available to the press after our meeting. However, my first concern is to the taxpayers of
our City. They need to know exactly what is going on with this investigation. And the best way
I can term it is really a basketball term. I can assure you that all of us up here are in what I would
term a Full Court Press. We are going after the truth with as much veracity as we can and we'll
get to it. I feel that the people of the City deserve to know what that truth is and that we will
have a full disclosure when the appropriate time arises. And what I mean by the appropriate time
is that that's key. We need time right now. The investigation is going on and we need to allow
the professionals who are conducting that to do this investigation as complete and thorough a job
as they can. And my job right now, as the new Councilman, is to provide that leadership to make
sure that we bring this to a timely conclusion."
The City Manager commented all the questions that have arisen are within the scope of the
investigation and cannot be answered at this time.
Mayor Coontz commented she strongly believes that we need to initiate a Waste Management
Subcommittee of the City Council to include two members. One role would be to educate the
Council about our service activities. As I have been listening, I realize there are some
misconceptions and a lack of knowledge among the Councilmembers. 1) The committee would
recommend City policy on contracts and service delivery. 2) This committee would take effect
at the conclusion of the investigation.
Secondly, we need a stronger internal audit system within City government including another
subcommittee of the Council for oversight and to guide audit policies. This is an investment in
oversight that will pay offby reducing risk and assisting a City staff that is working at full
capacity. I would ask the Manager to report back on this and other oversight matters that he has
in mind as soon as possible for Council review, discussion, and determination.
As we have said any number of times, it is not to our benefit as a City and not to our benefit as a
Council to continue to talk about a subject that is under investigation, especially if we don't have
full knowledge of what it is we are talking about.
Carole Walters, 534 N. Shaffer Street, expressed concern that the City allowed ODS and ORRS
to operate in the City for 42 years; asked why it has not gone out to bid; commented that the
Council should listen and protect the residents of Orange; and thanked the City Manager and the
Director of Public Works for doing their jobs.
PAGE 10
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CITY COUNCIL MINUTES June 10, 1997
3. REPORTS FROM MAYOR COONTZ (Continued)
Z. Harry Astor, 333 City Parkway West, 17th Floor, Orange, general counsel for ORRS and ODS,
spoke on behalf of ORRS, ODS and the Hambarian family. It was indicated that the Hambarian
family regrets that there is any problem and pledges to continue to cooperate fully with the City
in their investigation. The Hambarian family pledged over a year ago in discussions with City
staff that the City would not suffer any financial loss by means of any internal problems that may
have occurred at ORRS or ODS. Current financial information is expected tomorrow to be made
available. ORRS and ODS will continue to serve the City with the capability to give the service
and at reasonable rates.
Councilman Spurgeon expressed his complete confidence in the City Manager, staff and the
Chief of Police and wished to reserve any comment until the investigation has been completed to
see if the allegations are true.
3.2 Report on the reorganization of the Orange Park Acres Committee.
0 R1800.0.26.1)
Mayor Coontz reported the OP A Planning Committee originated in 1973 along with the adoption
of the OP A Plan. In the past 25 years, much has changed. Orange Park Acres is almost fully
developed. The distinctions between City and County have been replaced by a unified OP A
community spirit and identity. With these changes, it appears to be the right time to clarify the
mission of the Committee. The mission will be to review significant land use proposals (such as
new tract developments and general plan amendments) and policy issues related to circulation,
infrastructure and equestrian/recreation trails. The Committee will meet "as needed" to fulfill its
mission. All actions ofthe Committee will be advisory to the Orange City Council and/or
Planning Commission; or the Orange County Board of Supervisors and/or Planning Commission
through the auspices of the Third District Supervisor. Primary staff assistance will be provided
by the City of Orange Community Development Department or the County of Orange
depending on project jurisdiction).
MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to update
the mission of the Orange Park Acres Committee.4. REPORTS FROM
COUNCILMEMBERS 4.1 Report
from Mayor pro tem Slater concerning Orange Disposal Service and the Orange Recycling Recovery
Systems, Inc. (A2100.0.Agr.2188)NOTE: Refer to
Agenda Item No. 3.1.PAGE 11 1
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CITY COUNCIL MINUTES June 10, 1997
4. REPORTS FROM COUNCILMEMBERS (Continued)
4.2 Request from Councilman Murphy to leave the Country from June 12-22,
1997.C2500.
D)Councilman Murphy requested leave for a short tropical
honeymoon.MOTION - Spurgeon
SECOND - Alvarez AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
approve.5. REPORTS
FROM BOARDS, COMMITTEES, AND COMMISSIONS 5.1
Appoint James R. Smith and Gene Beckerbauer to the Orange Elderly Services,Inc., Board
of Directors, terms to expire 4/30/2000. (OR1800.0.21)Mayor Coontz
reported both individuals are interested in senior issues.MOTION - Murphy
SECOND - Slater AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to approve.5.2
Reappoint the following
members to the Orange Park Acres Planning Committee terms to expire February 28,
1999). (OR1800.0.26.1)Scott Richmond, Richard Siebert, Bob
Bennyhoff, Laurie Cesena, Nancy Vance Councilman Alvarez commented he cannot
support the reappointments because the men on the Committee had served quite a
long time and believes there needs to be new faces and new ideas on the Committee.Bob Bennyhoff,
10642 Morada Drive,
Orange Park Acres, commented the current members of the Committee are familiar with
the problems being faced in East Orange that go way back, and suggested that the Committee not
be changed.Mayor Coontz responded it was
felt that the current members understand the General Plan of the East Irvine area and have
specific knowledge of the issues including the East Orange Plan. This PAGE 12 Il 11---
CITY COUNCIL MINUTES June 10, 1997
5. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
Committee is at the cutting edge ofthe future of the City of Orange; at the edge of over 7,000
acres which includes the General Plan, City of Orange, and property owned by the Irvine Co.
The Committee was extremely helpful in the recent issue of $200,000 of landscaping for the
Eastern Transportation Corridor.
Councilman Murphy commented all Committee members have demonstrated their willingness to
continue to work tirelessly on issues that are very important to the quality of life in the area;
Mayor pro tem Slater commented that consistency is needed as the Committee continues and
changes and indicated that perhaps changes could be considered in two years; and Councilman
Spurgeon expressed the importance of keeping the group together in an area of tremendous
activity.
MOTION - Murphy SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon NOES - Alvarez Moved
to reappoint Scott
Richmond, Richard Siebert, Bob Bennyhoff, Laurie Cesena, and Nancy Vance for terms
to expire February 28, 1999.6. ADMINISTRATIVE REPORTS 6.
1 Report from
the Director of Public Works on the removal of on-street parking on both sides of
Collins Avenue to Handy Street for the installation of left-turn lanes needed for signalization
of the intersection of Handy/Collins. (Continued from April 8, 1997 and April 22,
1997).The Director
of Public Works presented an overview of the existing situation and explained a graphic display
which depicted the existing configuration (four-way stop) at Handy/Collins and three
alternatives for signalization. The four-way stop is deemed to be inadequate in terms of
reducing congestion at the intersection, particularly during peek periods, and at the level of
pedestrian safety. The Traffic Commission has recommended approval of the installation ofa
traffic signal, the addition ofleft turn lanes on Collins Avenue, and the parking prohibitions. The
following issues were addressed: Increase of traffic speed, traffic noise, increase in traffic
volumes on Collins Avenue, pedestrian safety, blinking red light operation, crossing
guard/contacting Handy School about safety issues, stop signs needed at HandylMonroe and
Handy/Jackson, turn restrictions from Katella onto Handy to divert traffic, use of speed humps,
bicycle lanes, and land use - extension of Walnut Avenue.The
three alternatives presented were:ALTERNATIVE
1 - 2-Phase Signal with Left Turn Pockets on Collins Avenue.ALTERNATIVE
2 - 3-Phase (Split Phase) Signal with No Left Turn Pockets on Collins Avenue.ALTERNATIVE
3 - 2-Phase Signal with No Left Turn Pockets on Collins Avenue PAGE
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CITY COUNCIL MINUTES June 10, 1997
6. ADMINISTRATIVE REPORTS (Continued)
Staffs recommendation is to proceed with the traffic signal installation outlined in Alternative
No.1. It was indicated if nothing is done at the Handy/Collins intersection and an accident
results that would have been susceptible to correction by the recommended improvement, the
City has potential liability exposure. The length of the left turn lanes would be approximately
129 feet which would hold approximately five to six vehicles.
THE FOLLOWING PERSONS SPOKE IN OPPOSITION:
Maggie Duerr, 2537 E. Collins Avenue
Mike Cross, 2603 E. Collins Avenue
Tom Van Ouse, 911 N. Clinton Avenue
Russ Monroe, 2505 E. Locust Avenue (presented handout to Council)
Hazel Nelson, 910 N. Clinton
Irma Levy, 2441 E. Collina Avenue
Barbara Bohlman, 1070 F N. Batavia
Mary Levy, 2441 E. Collins Avenue
Vera Mater, 1774 N. Lincoln
Concerns expressed include: Increased vehicle speed; speed enforcement; vehicular noise,
pedestrian and children safety issues; lack of Traffic Commission meeting notification; benefits
the signal would have to commuters; study should have involved the concerned citizens, not just
Fire and Police Department; and neighborhood preservation.
Alternatives and suggestions made were no lights at the intersection; take the parkway and have
parking pockets, retain the street parking; and the item be continued for further study and
consideration
SPEAKING IN FAVOR WITH CONDITIONS:
Cindy Spencer, 930 N. Handy, First Vice President of Handy School Association, spoke in favor
of light but is unsure of the left turn signal; indicated more investigation needs to be looked into
to see if this is what is best for the students safety at Handy School. It was proposed that the City
put in a "No Right Turn On Red" during the school hours of 7-9 a.m. and 2-4 p.
m. Additionally,it was proposed that the City time the light so that there is more free movement on
Handy Street.Bobbie Lansman, 860 N. Handy, Principal of Handy Elementary School, expressed
concern with pedestrian safety of the children and the mothers that walk their children; effects
the construction at the Collins bridge will have at the school; requested the "No Right Turn On Red"
between 7-9 a.m. and 2-4 p.m. also be at the Handy School parking lot; requested a crossing
guard be at the intersection on minimum days when kindergarten students are dismissed later in
the day and the weekend and evening hours when sports take
place at the school.The Director of Public Works responded notices were sent for
the Traffic Commission appeal hearing on April 22ud. That meeting was continued and those in
attendance were
aware ofthe
CITY COUNCIL MINUTES June 10, 1997
6. ADMINISTRATIVE REPORTS (Continued)
action. The right turn on red prohibitions during peak school and pedestrian activity hours can
be accomplished between 7-9 a.m. and 2-4 p.m. to prohibit right turns on red. The timing
of the signal on Handy Street to relieve congestion could be accommodated by observing
the conditions in the field. The Collins bridge is not related to
this project.MOTION - Mayor
Coontz SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
to:Create
a Handy Neighborhood Preservation Committee to make recommendations to the City Council;
Ask
that people interested in the Committee submit their name, address, and phone number to
the Public Works Director;Council
to consider the composition of the committee at a later date, discussing with the City Manager
and staff to determine what the resource people should be on the Handy Neighborhood
Preservation Committee which would include a representative from Handy School,
a representative who could speak to the park scheduling at Handy Park, and a technical
advisory individual chosen by the Public Works Director;An
investigation be made in terms of the cost of putting crossing guards out to mirror the hours
of the recreation space; and Continue
to the July 8th meeting for a final decision on the composition of the Handy Neighborhood
Preservation Committee.6.
2 Report from the Finance Director regarding background information and recommendations
relating to the Investment Advisory Committee (continued from May 27,1997). (
OR1800.0.27.13)The
Finance Director summarized the updated recommendations for the Investment Advisory Committee
and the issues remaining that need more discussion before a consensus can be reached.
Councilman
Alvarez proposed that the Committee include the City Treasurer and the Finance Director
and be made up of seven people; the Committee report directly to the City Council; the Committee
members file a Statement of Economic Interests; the Committee's review be expanded
to include practices to ensure that the internal controls and constraints are being followed;
preliminary screening by staff, final review and selection be done by the City Council;and
the need to look for best qualified candidates regardless of where they live.Mayor
pro tem Slater commented he would rather see the Committee consist of five members;indicated
he is comfortable with the verbiage on qualifications over residency; requested further discussion
on the Committee filing Statement of Economic Interests and that the scope of the PAGE
15 1
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CITY COUNCIL MINUTES June 10, 1997
6. ADMINISTRATIVE REPORTS (Continued)
reporting be expanded. It was suggested expansion of the reporting be done by other
Committees.
Councilman Murphy requested through the Chair that a report be brought back at a time
determined by the Chair in the next month or so on thoughts on the audit side which would
require separate distinct skills.
Mayor Coontz responded that periodically people will decide not to be on Commissions or
Committees because of the filing requirement.
The City Attorney explained that the parameters set by the Council will determine whether or not
the Committee has to file a Statement of Economic Interests. It was indicated that if there is
direct reporting to the City Council the Committee will be required to file a Statement.
Mayor Coontz indicated that she would make the motion as conveyed by Councilman Alvarez in
order to get on with the business of the Council.
MOTION
SECOND
AYES
NOES
Mayor Coontz Slater
Slater, Alvarez
Murphy, Coontz, Spurgeon
Moved that the Committee
file a Statement of Economic Interest.MOTION FAILED.Motion: Alvarez
Moved to
expand the
Committee's review to include the practices to ensure that internal controls and constraints that are
being followed, i.e., conformance to investment policy.MOTION FAILED FOR A
LACK OF A SECOND.MOTION - Mayor Coontz SECOND -
Slater AYES - Murphy, Slater,
Coontz, Spurgeon NOES -
Alvarez Moved to:Direct staff to
present at the
next Council
meeting a resolution formally setting forth the procedures, rules and regulations for the Committee as
agreed upon by the City Council.Direct the City Clerk to advertise for interested
and qualified applicants.PAGE 16 I 1 11r11 1f
CITY COUNCIL MINUTES June 10, 1997
6. ADMINISTRATIVE REPORTS (Continued)
Indicate that the Committee's size will be up to 5 members with the City Treasurer and
Finance Director being ex-officio or non-voting members of
the Committee.That residential preference be given to residents ofthe City of Orange ifthere is
an equal situation between one candidate
and another.That the application qualification review process include a panel of the City
Treasurer, the City Manager, the Finance Director and three outside experts in finance
or investments.Those candidates passing the qualification review process will be interviewed by
the Mayor and City Council (following the Brown Act in that regard, talking with each of them two
at
a time).That the Investment Advisory Committee would review the complete Treasurer's
Report as defined by Government Code Section 53646; and the requirement would be included
that the Committee review any new sections that may be added by State legislation at a
later date.Reiterate that the Investment Advisory Committee reports to the City Council
through the Investment Oversight Committee and that the Investment Oversight
Committee reports directly to the City Council under the auspices of the requirements of the Conflict
of Interest Government
Code provisions.6.3 Report from the Director of Public Works on assessment district
proceedings for Assessment Districts 82-1, 86-2 and 94-1 proposing to lower
assessment fees in each
district.T11 00.0.1)The Director of Public Works summarized the reports which propose
a reduction of 30% in assessments for Landscape Maintenance District 82-1; a
reduction of 25% in assessments for Landscape Maintenance District 86-2; and a
reduction of 20% in assessments for Landscape Maintenance District 94-1. The costs in
these districts has stabilized and lately very favorable bids have been received on landscape. A
rate stabilization fund in each district allows the assessments to be reduced and drawing the fund down
over the next few years. All districts were 100% petitioned landowner districts so they
comply with Proposition 218 on the initial formation voting process. The reserves in the Santiago Hills District
is higher because it is the largest of the three. A six-month cash flow, a
20% contingency in reserve is generally recommended as a prudent reserve, and where
the district is
still expanding, a rate stabilization reserve.RESOLUTION NO. 8785 A Resolution of the City Council of
the City of Orange initiating proceedings and ordering the preparation of a Certified
Engineer's Report
for certain Assessment
District proceedings. (82-
1)Location: Shadow Ridge MOTION - Murphy SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Resolution No. 8785 as introduced, be adopted
and same was
passed and
adopted by the preceding
CITY COUNCIL MINUTES June 10, 1997
6. ADMINISTRATIVE REPORTS (Continued)
RESOLUTION NO. 8786
A Resolution of the City Council of the City of Orange giving preliminary approval to the
Certified Engineer's Report for Landscape Maintenance Assessment District 82-1 (
Shadow Ridge) and declaring its intention to provide for an annual levy and collection of assessments
in that special Maintenance District and setting a time and place for public hearing to
receive evidence on the foregoing
matters.MOTION - Murphy
SECOND - Alvarez AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
Resolution No. 8786 as introduced, be adopted and same was passed and adopted by the preceding
vote.RESOLUTION NO.
8787 A Resolution
of the City Council of the City of Orange initiating proceedings and ordering the preparation of
a Certified Engineer's Report for certain Assessment District proceedings. (86-2)Location:
Santiago Hills MOTION -
Murphy SECOND - Alvarez
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved that Resolution No.
8787 as introduced, be adopted and same was passed and adopted by the preceding vote.RESOLUTION
NO. 8788 A
Resolution ofthe City
Council of the City of Orange giving preliminary approval to the Certified Engineer's Report
for Landscape Maintenance Assessment District 86-2 (Santiago Hills) and declaring
its intention to provide for an annual levy and collection of assessments in that special Maintenance
District and setting a time and place for public hearing to receive evidence on the
foregoing matters.MOTION - Murphy SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved that Resolution No. 8788 as
introduced, be adopted and same was passed and adopted by the preceding vote.PAGE 18 r
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CITY COUNCIL MINUTES June 10, 1997
6. ADMINISTRATIVE REPORTS (Continued)
RESOLUTION NO. 8789
A Resolution of the City Council of the City of Orange initiating proceedings and ordering the
preparation of a Certified Engineer's Report for certain Assessment District proceedings. (94-
1)
Location: Sycamore Crossing
MOTION - Murphy SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Resolution
No. 8789 as introduced, be adopted and same was passed and adopted by the preceding vote.
RESOLUTION NO. 8790
A Resolution of
the City Council of the City of Orange giving preliminary approval to the Certified Engineer's
Report for Landscape Maintenance Assessment District 94-1 (Sycamore Crossing) and
declaring its intention to provide for an annual levy and collection of assessments in that
special Maintenance District and setting a time and place for public hearing to receive evidence on
the foregoing matters.MOTION - Murphy
SECOND - Alvarez AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved that Resolution No. 8790
as introduced, be adopted and same was passed and adopted by the preceding vote.6.4
Report from the
Directorof Community Development on PJ Mead Books and Coffee, 135 S. Cambridge Street. (
C3300.0)NOTE: Mayor pro tem Slater
abstained on this item due to property ownership on the 100 block of S. Cambridge and excused
himself from the dais.The Director of Community Development
presented a brief report that was prepared in response to a letter from two
of the neighbors. Discussions have been held with other City departments,including the Police Department, and
it is believed that the business is in compliance with all of the conditions required of them.
Parking remains the item of greatest concern. There is very limited parking on the property;
essentially all customers are required to park in the public street.PAGE 19 I IT I
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CITY COUNCIL MINUTES June 10, 1997
6. ADMINISTRATIVE REPORTS (Continued)
Richard Carlson, 159 S. Cambridge Street, requested a continuance on this matter until after he
has met with the City Attorney; indicated he is ready to proceed with litigation against the City
for failure to enforce their own codes; indicated problems continue to exist; requested that PJ
Mead Books and Coffee be closed down and return to a neighborhood market; and indicated that
he would have to disclose the illegal business to his realtor and the nuisances and problems that
come with it.
MOTION - Mayor Coontz SECOND -
Alvarez AYES - Murphy,
Mayor Coontz, Spurgeon, Alvarez ABSTAIN- Slater Moved
to receive
and file the report. After Mr. Carlson has met with the City Attorney the item can be reagendized
at a later date.7. REPORTS FROM
CITY MANAGER 7.1 Report
from the City Manager on Orange Disposal Service and Orange Recycling Recovery Systems, Inc.
NOTE: Refer to Agenda Item No. 3.1.7.2 Update
regarding Management Information Systems (MIS) contract discussions with Business Records
Corporation. NOTE: Staff is recommending this item be continued to June 24,
1997. (A2100.0.Agr.0978.B)MOTION - Spurgeon SECOND -
Coontz AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved to continue this item to
June 24, 1997.8. LEGAL AFFAIRS 8.1 ORDINANCE
NO. 3-97
An Ordinance of the City
Council of the City of Orange amending Chapter 12.28 ofthe Orange Municipal Coderegarding street tree
plantings, removals and maintenance. (A2500.0)Discussion:Carole Walters, (address on
file)
requested this ordinance be continued for a hearing. Concern was expressed with language concerning
property owners responsibility (Page 3, 12.28.060);permit amounts arenot included
in the ordinance; and the issue ofthe City's responsibility when a city parkway tree root
invades a property owners sewer line.PAGE 20 1 1 If
CITY COUNCIL MINUTES June 10, 1997
8. LEGAL AFFAIRS (Continued)
Barbara DeNiro, (address on file) asked how this amended ordinance was different from the
original; permit inspection fee is not noted; how is it determined if a tree is a city or property
owners; replacement trees and new trees should be the same size and price; and there is a sunken
place in her parkway where a tree was removed and Ms. DeNiro requested fill dirt.
The Director of Public Works explained the difference between the ordinances is Section
12.28.120, which added a certified arborist from the community and a City Council
representative. Concerning the replacement tree issue, where large trees are removed illegally,
the replacement tree be comparable to what was there. This ordinance relieves the property
owner of many existing responsibilities for sidewalk, curb and gutter repair where damage was
caused by street trees. The only obligations placed on property owners under this new ordinance
is if their actions or inactions caused damage to public facilities, they are responsible for the
repair. Ifthe City's tree roots are responsible for a crack or break in the line, the City will
compensate up to a maximum of$l,OOO.
Bea Herbst, 1435 E. Walnut, commented in favor of the adoption ofthe ordinance.
The Director of Public Works reported when the ordinance becomes effective, it is recommended
Council present names of interested parties to serve on an advisory committee for the purpose of
reviewing and developing a master plan.
MOTION - Slater SECOND -
Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance
No. 3-97 have an amended first reading and same was set for second reading by
the preceding vote.9. NOTICED
HEARINGS 9.1
PROPERTY ACQUISITION BY EMINENT DOMAIN, 205-235 W. LA VETA AVENUE,
CITY OF ORANGE (C2500.M.14)Time
set for a noticed hearing on petition by the City of Orange to acquire the following property by
eminent domain:205-
235 W. LaVeta Avenue; Assessor's Parcel Nos. 390-604-11
and 12 Property Owner: Mr. and Mrs.
George Walker The Director of Public Works reported this is a project for the widening of
the critical intersection at La Veta and Glassel1. A full take of the parcels is proposed. Although
the right-of-way line for the widened roadway does not cut into the buildings, it is from 2-
112 to 3-112 feet away from the buildings in the after condition. This
creates a non-conforming condition with respect to setbacks. If the buildings were to remain, there is a total
of 10
driveways in a
CITY COUNCIL MINUTES June 10, 1997
9. NOTICED HEARINGS (Continued)
of 200 feet along the frontage. These driveways service garages which will be extremely close to
the roadway. The number of driveways and the fact that there would be a potential for vehicles
to back out of the driveways onto an arterial street creates an unacceptable traffic hazard. Also,
there is a serious hazard for pedestrians because of the restricted view of the sidewalk, when
vehicles back out ofthe driveways because there is only 3-4 ft. from the edge of the
sidewalk.These situations cannot remain in terms of the public interest. There has been an
Environmental Impact Report on the project certified a few years ago. What is being acquired is what
is necessary to provide for the widening in a safe and acceptable condition. Any surplus
right-of-way remaining after the widening, would be put up for auction
and disposed.Findings: The right-of-way is required for the project. The project has
been designed in a manner that is compatible with the greatest public good and the
least private injuring. The property is necessary for the project. There has been an offer made pursuant to
Section 7267.2
of the Government Code.Mayor Coontz announced a letter was received June 10,
1997 Council from Rosenthal &Zimmerman, Deborah M. Rosenthal, AICP, the
property owner's attorney.Deborah M. Rosenthal, Attorney, representing Mr. and Mrs. George Walker
who own the two fourplexes indicated Mr. And Mrs. Walker feels the City only needs about the
front ten feet of the property in order to widen the street. This would place the
new sidewalk approximately 3 feet in front of the building, but would not interfere with occupancy of
the apartments and would not substantially decrease their rental value. The bottom line is the Walkers
are willing to sell the front ten feet of the property at a substantial savings to the City and would
like to work with the City staffto come up with a creative solution in order for them
to keep the apartment buildings which the City does not need. The property is located in
the new National Register Historic District which may trigger some new review
responsibilities under CEQA. Objection was given regarding the appraisal prepared for the City. The Walkers do not
have a record of receiving a request from the appraiser and did not know when the
appraisal was being conducted.They did not have a chance to accompany the appraiser or
to provide any background information. They have not received sufficient information to understand the basis
of the City's appraisal results, especially when the interior of the buildings was not
seen. It was requested staff work with Mr. and Mrs. Walker on the parking problem. Also, if
necessary to continue this hearing to let
these issues be resolved.The City Attorney reported on the following: 1) The EIR for this project
anticipates a full take and states the reason is because in the after condition there is less than 40
feet between the back of the sidewalk and back of the property line which is
insufficient for any residential development. 2) Prior to the offer, the City asked for and received a
legal opinion from outside counsel that a full take was authorized under current Eminent Domain Law.
3) The property in the after condition, lot sizes would be 6,000 ft. and zoning in that
area requires residential sizes to be 7,000 ft. 4) At the nearest point the structure would only be 2-
112 feet away from the sidewalk. The roofs would constitute an additional overhang and
storm runoff would drain onto the sidewalks. Screen doors would swing out almost onto the
sidewalk. There
are front stoops PAGE
CITY COUNCIL MINUTES June 10, 1997
9. NOTICED HEARINGS (Continued)
in front of the doors which would probably encroach onto the sidewalks. Staffhas reviewed
many alternatives suggested by the Walkers, but at this point in time has found them unworkable.
The structures on the property would create significant liability, safety and privacy issues and
those would become the problem of the City. 5) The EIR reviewed all historic impacts from this
project and found this structure did not constitute a structure that has a historical significance. 6)
The City's appraiser did inform staffhe made several attempts to contact the Walkers and
requested information from them to assist him in his appraisal. To this date not contact from the
Walkers has been received. 7) The City provide a legal basis for the Walker's appraisal and also
required an additional seven pages from the appraiser's report at the request of the Walkers. The
City's Real Property Representative, met with the Walkers at the time the offer was made and
followed up with a phone call that same day, and provided them with additional information they
requested. On March 25, 1997, the City's Real Property Officer and Outside Counsel, Steve
MacNamera met with the Walkers concerning their proposal alternatives.
The City at this time is not rejecting any further discussions with the Walkers about the use of
the property, but the alternatives that were reviewed created too many liability issues for the City
and there has been no alternatives suggested thus far which the City staff feels is workable. If the
resolution is adopted by Council, further discussion will be available.
RESOLUTION NO. 8766
A Resolution of the City Council of the City of Orange declaring real property located at 205-
235 W. La V eta Avenue necessary for public purposes and authorizing the acquisition thereof.
MOTION - Spurgeon SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Resolution
No. 8766 as introduced, be adopted and same was passed and adopted by the preceding vote.
Staffwas instructed to continue discussions with Mr. and Mrs. Walker.10. RECESS TO
THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. ORAL PRESENTATIONS
Mayor Coontz recognized
the following people who spoke on the MCPHERSON ATHLETIC FACILITY Eddie Albright,
642
N. Glenrose, spoke in favor of organized sports for children and expressed concern with the
meeting notification process.Wendy Mather, 3320
E. Ruth Place, spoke in opposition to the project; expressed disappointment with the meeting
notification process; addressed the potential for increase in traffic; and indicated that baseball
diamonds and batting cages face the residences.PAGE 23 r
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CITY COUNCIL MINUTES June 10, 1997
11. ORAL PRESENTATIONS (Continued)
Carole Walters, 534 N. Shaffer, expressed disappointment with the City staff; asked why an
environmental impact report was not prepared; and indicated that people were misled.
Theresa Mather, 3320 E. Ruth Place (submitted card in opposition but did not speak)
Mark Burkhardt, 3447 E. Ruth Place, representing the McPherson Advisory Counsel, presented a
petition for the record and spoke in opposition to the project. (Petition on file in the City Clerk's
office)
Al Rice, 452 S. Swidler Place, indicated that some of the track, basketball, handball, and tennis
courts are proposed to be removed and requested Council consideration in the next planning on
this effort.
Nate Wisely, 215 S. Dunas Street, expressed disappointment with the notification process;
expressed concern with decrease in property values, parking; trash and noise issues; and
indicated further studies need to be done.
Steve Borden, 447 South Olympia, spoke in favor of giving children a place to play;
development of schools using the green area in the most advantageous way for the community;
and indicated there are over 300,000 square feet of greenbelt at LaVeta.
Robert S., 3501 Ruth Place, spoke in opposition to the project and expressed concern with the
potential decrease in property value, traffic, noise and trash issues.
The Director of Community Services/Library assured the residents that they will be notified of
meetings and be a part of the process.
12. RECESS
The City Council recessed at 7:05 p.m. and reconvened at 7:15 p.m. The Closed Session was
canceled.
7:00 P.M. SESSION
13.1 INVOCATION
Pastor John Crandall, Cornerstone Bible Church
13.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Murphy
13.3 ANNOUNCEMENTS - None 13.
4INTRODUCTIONS - None 13.5
PROCLAMATIONS - None 13.6 PRESENTATIONS -
None PAGE 24 I fi
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CITY COUNCIL MINUTES June 10, 1997
14. PUBLIC HEARINGS
14.1 APPEAL NO. 437;CONDITIONAL USE PERMIT 2167-97; STUART'
S
ROLLERWORLD Time set for a public hearing on petition by Stuart's Rollerworld to appeal the decision by
the Planning Commission on March 17, 1997 granting a Conditional Use Permit request to
allow permanent installation of the existing fabric covering over the roller hockey rink, with
other improvements proposed to control sound. The applicant is appealing a condition imposed
with the approval which limits the facility's hours of operation. The property is located at 2190
N.Canal Street (northwest corner of Meats Avenue and Canal
Street).Negative Declaration 1511-97 has been prepared to evaluate the environmental impacts
of
this project.NOTE: Mr. Silver, appellant, has requested the public hearing be continued to July
8, 1997.THE APPELLANT STATES THE FOLLOWING REASONS FOR
THE APPEAL:The facility operates within City
noise standards.Operating hours for the master complex have been established. The
Commission's discussions and actions were based upon issues inherent in uses of the entire complex
and not specifically related to the applicant'
s use.The Commission imposed additional restrictions after closing the public
hearing without allowing the applicant'
s response.On April 21, 1997, Chairman Bosch stated his motion restricted only the
scheduling of Organized Games". Other activities before and after the hours stated
were allowed.The Commission then further changed the parameters of the applicant's business
without the applicant'
s input.Stuart Silver, 2190 N. Canal Street, requested a continuance to the July 8th
Council meeting.MOTION -
Murphy SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
to continue to July 8th Council meeting as requested by the Appellant, Mr. Silver.15.
PLANNING AND ENVIRONMENT - None PAGE 25
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CITY COUNCIL MINUTES June 10, 1997
16. ORAL PRESENTATIONS
Mayor Coontz recognized the following people who expressed their concerns regarding Item
14.1, Stuart's Rollerworld which was continued to July 8,1997.
The following people spoke in opposition to the dirty canopy which creates an eyesore and noise
problems:
Tim Zimprich, 2115 N. Cleveland
James Thomas, 1020 E. Cumberland
Barry Flynn, 2579 N. Franki, spoke in favor of the facility staying open.
The following people spoke in favor of turning the lights back on at El Camino Real Park
Handball Courts: (C2500.M.4.12)
Roy O. Moss Jr., Lawyer, 2333 E. Orangeview Dr., Orange, submitted a petition with
approximately 438 individuals names that use the handball courts and adjoining areas.
Jack Hatton, 648 E. La Veta, Orange
Jesus Molonez, 474 s. Olive, Orange
Alfredo Gonzalez, 1911 W. Cherry Dr., Orange
Francisco Chavez, 9081 Reading Ave., Westminster
Robert Mave, 2227 E. LaPalma, Anaheim
Juan Cruz, 1906 N. Valencia, Santa Ana
Tom Lopez, 1540 Canfield #16, Anaheim
Jessie Rodriguez, 1408 E. Arizona PI., Anaheim
Edward Caparas, 1124 S. Citron St., Anaheim
Robert Hill, 975 N. Center St.
The City Manager indicated he had received numerous letters from Mr. Moss, Jr. and is having
his staff prepare a response letter.
The Community Services Manager reported they have been working on this issue for over one
year. The Police Bike Team reported there were issues reported of drinking at the park, urination
around an electrical panel along with use of marijuana and other paraphernalia as well as litter in
that area. The users of the handball court were advised of these problems as well as patrons of
the park by the posting of the park's rules and regulations. Enforcement continued followed by
turning off the lights, and the removal of the tables in the handball court area. This situation is
being evaluated provided the problems will be mitigated.
Mayor Coontz indicated this was an opportune time to institute community policing and for the
people to assist the Police Department in solving the problems. All interested individuals were
requested to record their name and address in order to be contacted by the Police Department.
The Police Chief commented one of the speakers indicated racial comments were being made at
the park, and if so, the Police Chief would like to investigate. Early on, it was suggested all
parties meet to come up with solutions, however, Mr. Moss, Jr. did not want to meet with the
Foot Bike Unit. The goal is to save the parks and keep them as safe as possible. The Police
PAGE 26
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CITY COUNCIL MINUTES June 10, 1997
16. ORAL PRESENTATIONS (Continued)
Chief will send letters to everyone that spoke at tonight's meeting, Mr. Moss, Jr., post notices at
the park, to hold a joint meeting with representatives of the Foot Bike Unit as well as
Community Services to come up with a solution and turn the lights back on, but making sure the
park is safe. After the meeting is held, a full report will be transmitted to the City Council.
17. ADJOURNMENT
MOTION - Spurgeon SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez The City Council
adjourned at 9:35 p.m. in memory of Michael Robert Wimbush, age 55, who passed away suddenly
in his sleep June 8th. Mike was born in Orange and graduated from Orange High School
in 1959 and later attended San Diego State University and graduated in 1964. For the
past 33 years, Mike has owned and operated Wimbush Realty, a successful commercial real estate
brokerage firm in the Orange County area. Mr. Wimbush was very active in many
civic events and giving in many charitable organizations. Hr is survived by his wife, Lonnie, three
children and his parents. He will be missed greatly.THCART,CMC ERK
PAGE 27
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