08-26-1997 Council MinutesAPPROVED BY THE CITY COUNCIL ON SEPTEMBER 9, 1997
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
August 26, 1997
The City Council of the City of Orange, California convened on August 26, 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 Employee Recognition
Service Awards were presented by the City Manager to Joel Wright, Al
Remyn, Hong Chiang, Dennis Cole, Janna Doty, Jeff Kohrs, Tammy South,and Lisa
Walloch. (C2500.JA.18)Pam Phelps
of Pacific Bell's Public Affairs Office presented the City a check in the amount of $
3,500 for Concerts in the Park Series.Newly hired
Assistant City Attorney Ted Reynolds was introduced.Mayor Coontz
announced the Orange County Register reported today on a survey of 219 cities with
over 100,000 population, naming the City of Orange as the 29th best city in the nation to
raise a child.Mayor Coontz
announced the Street Fair is celebrating its 25th year and takes place August 29,
30 and 31, 1997. The theme for this year's celebration is "A Fair To Remember." A
commemorative booklet was distributed to Councilmembers.1.4
PROCLAMATIONS - None 2.CONSENT CALENDAR
Tape 377 2.1 Declaration
of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a
regular meeting of August 26, 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.PAGE 1
CITY COUNCIL MINUTES August 26, 1997
2. CONSENT CALENDAR (Continued)
2.2 Request Council confirmation of warrant registers dated August 8, 12 and 14, 1997.
ACTION: Approved.
2.3 Request approval of City Council Minutes, Regular Meeting, August 12, 1997.
ACTION: Approved.
2.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
REMOVED AND HEARD SEP ARATEL Y)
2.5 Request Council approve the consultant agreement for the Main Library Renovation to
Robert R. Coffee, Architect and Associates in the amount of $94,000. (A2100.0 AGR-
2885)
FISCAL IMPACT: Funds are budgeted in Account No. 500-7028-
481105-9900 (Main Library Renovation) - $
100,000 In response to Mayor Coontz's request for identified short term goals, the
Director of Community Services/Library responded the short term goal focused on inherent
needs of the current facility. This will allow the Library to reopen with a reconfiguration
that is more user friendly; give staff a better working environment; offer Library
services to patrons especially in the area of information technology; and add a local
history area.Grand opening is scheduled for
July, 1998.Mayor Coontz indicated long term goals include the creation of a
Library Foundation.Randy Bosch's group are submitting the necessary paperwork to State
and Federal governments. Plans are being discussed to purchase the Bank of America
property across from City Hall to possibly expand or create a new Library. Fundraising cannot
take place until the Federal Government approves the application. A vision ofthe Library
should be created in order to get people interested
in fundraising.MOTION - Mayor
Coontz SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ACTION:
Moved to authorize the Mayor and City Clerk to execute on behalf of the City.PAGE
2
CITY COUNCIL MINUTES August 26, 1997
2. CONSENT CALENDAR (Continued)
BIDS
2.6 Request Council approve a Contract Change Order in the estimated amount of $95,000 to
Calfon Construction, Inc. for Milford Street, Sycamore Avenue and Walnut Avenue
Storm Drain Project and appropriate funds. Bid No. 967-02; D-124. (A2100.
0
AGR-2777)FISCAL IMP ACT: Funds to be appropriated from Fund 530 (Storm
Drain Capital Improvement Program) to Account No. 530-5011-
483300-5332 (
Storm Drain
Capital
Improvement Program).ACTION: Approved.CLAIMS 2.
7 CLAIMS FOR DAMAGES FROM:a.
Richard A. Lane (C3200.0)ACTION: Denied claim for damages and referred
to
City Attorney and Adjuster.
CONTRACTS REMOVED AND HEARD SEPARATELY)2.8 Request Council award a contract
to Robbins-Jorgenson-Christopher for future fire station
design in the amount of $80,000.FISCAL IMPACT: Funds for this project,
generated by Fire Facilities Area 'c' and originally budgeted in FY 96-97, have been
carried over to FY
97-98 in Account No.562-3021-481200-2679 (Fire Station Design).The
City Attorney reported
the contract is
not ready and requested a continuance.MOTION - Murphy
SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ACTION:
Moved to continue this item to September 9, 1997.2.9 Request Council award
a professional engineering services contract in the amount of 128,700 to Merit Civil Engineering, Inc.
for the widening of The City Drive from SR-22 Garden Grove
Freeway to Dawn Way/The City Way. (A2100.0 AGR-2884)FISCAL
IMP ACT: Funds are budgeted in the Capital Improvements Program
and available
CITY COUNCIL MINUTES August 26, 1997
2. CONSENT CALENDAR (Continued)
ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.
2.10 Request Council a) award a contract in the amount of $405,043.00 to David T. Wasden
Inc. for storm drain improvements on Glassell Street between Palm A venue and
Sycamore Avenue and Palm Avenue between Glassell Street and Center Street; and b)
appropriate additional funds for construction engineering, contract administration and
contingencies. Bid No. 978-01; D-126 (A2100.
0 AGR-2883)FISCAL IMP ACT: Funds are budgeted in
the following accounts:
64,817.08
30,000.00
15,808.01
106,855.07
88,678.71
100,130.97 310-6056-
483400-1819-16118 (CDBG Storm
Drain Replacement)310-6057-483400-
1819-16118 (CDBG Storm Drain
Replacement)310-6059-483400-1819-
16118 (CDBG Storm Drain Replacement)
310-6058-483400-1819-16119 (CDBG Storm Drain Replacement)310-6059-483400-1819-
16119 (CDBG Storm Drain Replacement)272-5011-483300-3425 (
Gas Tax Street Improvement)Additional appropriation
from Gas Tax Fund 271 to the following account will be
required: $ 40,000.00 271-5011-
483300-3425 (Gas Tax Street Improvement).Total project funding: $446,289.84.ACTION: Approved appropriation and authorized
Mayor and City Clerk to execute contract on behalf of the City.
2.11 Request Council award a contract in the amount of $512,
690.00 to Simich Construction Company for sewer improvements
on Chapman A venue between Eckhoff Street and Flower Street and Flower Street between Chapman
Avenue and Almond Avenue and appropriate funds. Bid
No. 978-02; S-190 (A2100.0 AGR-2882)FISCAL IMPACT: Funds in
the amount of$519,168.1O are budgeted and available
in Account No. 520-5011-483200-5544 (Sewer Improvement Fund). An
additional 72,380.00 from
the 520 Sewer Construction
Fund to Account No. 520-5011-483200-5544 will be required. Total Project Funding: $591,548.
10.ACTION: Approved appropriation and authorized Mayor and City Clerk to execute contract on
behalf ofthe City.REMOVED AND HEARD SEPARATELY)2.12 Request Council waive the competitive
bid
procedure and
CITY COUNCIL MINUTES August 26, 1997
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Additional appropriation of$10,890.00 from Unappropriated
Reserves to Account No. 220-5022-427100-00106 (Sanitation/
Sewer - Contractual Services)
is required.The City Attorney announced State law requires this action be taken by resolution
and a four/fifths vote of
the Council.RESOLUTION
NO. 8815 A Resolution of the City Council of the City of Orange finding an emergency
exists and declaring that the public interest and necessity demand the immediate
expenditure of public money without the competitive solicitation of bids and awarding a contract
to M.E. Silberman Co. to repair an 8-inch underground sewer main in Tract
10439 on Vista Crest, Vista Ridge
and Vista Summit.The Director of Public Works reported there were nine locations located in
the sewer line where there was leakage. There are also adverse soil and geologic conditions
in this area which are unknown, however an investigation is proceeding at this
time. Concerns were identified that waste material was being discharged into the sub grade
which has a potential for creating unsanitary conditions as well as the possibility of
contributing to a worsening of soils and geologic conditions. Three quotations were received
and staff is recommending
the lowest one.
MOTION - Spurgeon SECOND -
Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ACTION: Moved that Resolution No. 8815 as introduced be adopted and same was
passed and adopted by the preceding vote.
ACTION: Approved.
2.13 Request Council extend the contract for accounting services with Jeff Franzen, CPA to a
total cost not to exceed $65,500. (A2100.0 AGR-2854.
1)FISCAL IMP ACT: Funds are available in Account No. 220-
5022-426700 (Sanitation Fund - Other Professional and
Consulting Services).ACTION: Authorized Mayor and City Clerk to execute contract amendment on
behalf of
the City.
CITY COUNCIL MINUTES August 26, 1997
2. CONSENT CALENDAR (Continued)
QUITCLAIM DEED
2.14 Request Council summarily vacate certain easements and approve a Quitclaim Deed
conveying easements for access to and maintenance of public utility purposes to Southern
California Presbyterian Homes, the property owner. Location: North side of Taft
Avenue approximately 500 ft. west of Tustin Street. (See Resolution No. 8810.)
D4000.0)
FISCAL IMPACT: None. A $75.00 processing fee has been paid and will be deposited
in the General Fund.
Barbara DeNiro, (address on file), addressed items 2.14 and 2.15 and asked the status of
the proposal and if there was a hold up on the proposed project.
Bob Mickelson, P. O. Box 932, Orange, representing Presbyterian Homes, indicated there
have been two easements overlying each other on the property. The church next to the
property changed ownership causing a delay, but has agreed to give up their interest in
the easement; Southern Presbyterian Homes has agreed to give up their interest and now
the City needs to give up their interest in the easement. Working drawings will begin
immediately ifthis item is approved, with construction starting in approximately 6 to 8
months.
ACTION: Approved.
RESOLUTIONS
2.15 RESOLUTION NO. 8810
A Resolution of the City Council of the City of Orange ordering the summary vacation of
an easement for access to and maintenance of public utilities. (D4000.0)
Location: North side of Taft Avenue approximately 500 ft. west of Tustin Street.
ACTION: Approved.
REMOVED AND HEARD SEP ARATEL Y)
2.16 RESOLUTION NO. 8807
A Resolution of the City Council of the City of Orange upholding the recommendation of
the Planning Commission of the City of Orange and granting a Conditional Use Permit to
allow the construction of a shade cover enclosure for a roller hockey rink upon property
situated at 2190 N. Canal Street. (C3300.0 CUP-
2167-97)CUP 2167-97; Applicant:
Stuart's
CITY COUNCIL MINUTES August 26, 1997
2. CONSENT CALENDAR (Continued)
MOTION - Slater SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon NOES -Alvarez ACTION:
Approved.UNCOLLECTIBLE
RECEIVABLES 2.
17 Request
Council approve the write-off of uncollectible receivables. (C2500.J.l)FISCAL IMPACT:
No impact on the budget. Revenue estimates take into account projections for
uncollectible revenues.Barbara DeNiro, (
address on file), asked will the write-off for the Fire Department be greatly
reduced now that they are in the transport business.The
Finance Director reported the City has an outside billing company that invoices for both
paramedic and transport services. The collection rate has increased to 76% and it is hoped
this will move to an 80% collection rate within the next few months.ACTION:
Approved.MOTION -
Spurgeon SECOND - Alvarez
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Item Nos. 2.5,
2.8,2.12 and 2.16 were removed and heard separately. The remainder of the Consent Calendar was
approved as recommended.END OF CONSENT CALENDAR
3.REPORTS FROM MAYOR
COONTZ Tape 899 3.1 Request permission
to leave the State from August 31 through September 10, 1997.C2500.D.l)MOTION -
Slater SECOND - Murphy
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon,
Alvarez Moved to approve the request.PAGE 7
CITY COUNCIL MINUTES August 26, 1997
3. REPORTS FROM MAYOR COONTZ (Continued)
Mayor Coontz added the following report to the agenda: REFCO Settlement
Mayor Coontz reported the City received $4.25 million from REFCO's securities last week.
This transfer completes the six year battle to recover an approximately $7 million loss by Steven
Wymer, an investment advisor, hired by the former City Treasurer. Mr. Wymer was convicted of
mail and securities fraud and sentenced to 14.5 years in prison, but his term was cut to seven
years and three months last year.
The City was notified on July 22nd that a three member Los Angeles based arbitration panel,
representing the National Association of Securities Dealers awarded the City $4.25 million. This
brings the City's recovery to approximately $6.5 million of the $7.0 million lost. The City of
Orange was the first entity to receive a settlement from REFCO because the City hired Mike
Jeffers of Jeffers, Wilson and Schaffwho took immediate action as soon as the information was
given to Council in Executive Session. At that time, the previous City Manager budgeted $1.4
million for a new library site. The City Manager was asked how the decisions will be made
regarding the apportionment of the $4.25 million?
The City Manager indicated a complete analysis will be done which includes any prior monies
from the Wymer case; all expenses incurred to receive those funds, i.e.; the attorneys' costs and
other related costs to pursue this case; and review the percentage allocation of funds from which
the money was taken. The analysis will be brought back to Council with the proposed
allocations. Policies will be suggested on certain fund balances where there may be surpluses
and Council will have the opportunity to decide if other funds would be appropriate.
Mayor Coontz commented she is hopeful there will be seed money for a new Library included in
the report because of the $1.4 million designation in 1994/95.
The City Manager remarked monies identified for land acquisition for the Library were budgeted
in the CIP budget starting in 1989 through 1994/95. However, at this time, there are no monies
budgeted for land acquisition.
Councilman Murphy suggested staff review all past proposed projects which related to expansion
of parks, gymnasium design, and recreational centers, etc.
The City Manager will direct the Department Heads to review their budgets and past projects and
create a report that will indicate what projects have been placed on hold.
Councilman Alvarez suggested the items coming back from the City Manager be prioritized and
felt it is time for a new main Library.
PAGE 8
CITY COUNCIL MINUTES August 26, 1997
4.REPORTS FROM COUNCILMEMBERS Tape 1210
Councilman Murphy presented a certificate of recognition in memory of William R. Calvert to
his wife, Ruth and family. Councilman Murphy announced the City Council meeting would
adjourn in memory of William R. Calvert.
Councilman Alvarez asked why the update on the Unreinforced Masonry Program (URM) was
not the Agenda? Mayor Coontz directed the City Manager to investigate and place it on the
Agenda.
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6.
REPORTS FROM CITY MANAGER Tape 1350 6.
1 Update on Orange Disposal Service/Orange Resource Recovery Systems.The
City Manager reported the comprehensive solid waste assessment and change recommendation
development project moved forward. The City's contract consultant, Hilton,Farnkopf
and Hobson followed through on their first meeting with ODS/ORRS with a written request
detailing what they need in order to proceed with their evaluation. ODS/ORRS are demonstrating
good cooperation in responding to these requests.On
August 13th the City Attorney sent ODS/ORRS a follow-up letter regarding the company's
response to the City's Notice of Default.
Recruitment for members of the new Audit Committee has been concluded. After a review of all
applications, it is proposed Council could take action in September, 1997.
Barbara DeNiro, address on file, asked what the investigation was about? Was there a pay back
of one-half of a million
dollars?The City Manager commented the investigation is about discovering if monies were
actually stolen or ifthe City was defrauded in any way, which is part of the criminal investigation.
Hilton Farnkopfwas hired to assess the current operations and guide the City on how to move
forward.ODS/ORRS Company has stated they believe they have returned that money and the City is
in the process of analyzing whether or not the City has actually received the
money.Z. Harry Astor, 333 City Blvd. West, Orange, counsel for ODS/ORRS, asked to have
full cooperation from Council and City staff as this investigation moves forward because it will
take several
months.The City Manager, in response to Councilman Alvarezs' questions, indicated there was
no timetable for the investigation; and the two city employees on-site at ORRS
review daily operations and report to the City Manager and Public Works Director. Council will
receive the
weekly reports.
CITY COUNCIL MINUTES August 26, 1997
6. REPORTS FROM CITY MANAGER (Continued)
6.2 Report on the establishment of City Internal Audit Function and the related budget
for personnel and operations. (Continued from July 22, 1997 and August 12, 1997)
MOTION
SECOND
AYES
Spurgeon Alvarez
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to continue
to September 23, 1997.6.3 Report
on proposed contract with Rosenow Spevacek Group, Inc., to assist the City Manager in preparing
a comprehensive scope of work, and in developing, requesting and evaluating responses to
a Request for Proposal (RFP) for an outside private firm to conduct a citywide
management audit. (Copy on file in the City Manager's Office.)A2100.0 AGR-
2880)The City
Manager reported the goals of the management audit would be to provide an independent assessment
of how the City organization is working in relation to the operations and practices of
similar sized municipal organizations, how best to deploy City resources given the City's
expanding economic base, to recommend appropriate changes in organizational operations and practices;
and to track and monitor City staff implementation of any recommended changes.The City
of Orange had a management audit nine years ago. Since that time, significant structural changes
have taken place. A new management audit at this time would address high profile areas
like solid waste and recycling as well as point the way to opportunities in many areas the
City has placed on the back burner during the downsizing which occurred earlier in the decade.Mayor
Coontz
thanked the City Manager for his strong interest in the audit indicating there are many managers
who would reject or resist such an analysis of their work and operation, but Dave Rudat welcomes
it. Many people think a management audit is a financial audit, however, a management audit
is an outside analysis of an organization's effectiveness. It looks at the structure, policies,
procedures and responsibilities within an organization and suggests ways to make them
work better. Effective is what we are all interested in with the budget reductions, tax shifts and
the recession - doing more with less. It's now time to have an outside opinion on how the City is
doing and we need to answer questions that include: 1) Is the City serving its customers as best
it can? 2) Are we adding value to the City commensurate with its expenses:3) How can
we best organize ourselves to anticipate the growth that Orange can expect in the coming years?Orange
has changed
dramatically since the last audit. In 1989 there were 742 positions, now there are approximately
615. In 1989 there were approximately 100,000 residents and now the City is at
133,000, It's certainly time to audit our operations.PAGE 10
CITY COUNCIL MINUTES August 26, 1997
6. REPORTS FROM CITY MANAGER (Continued)
The Management Audit is only part ofthe process. Designing an effective RFP to get the best
management audit is integral to making the audit a success. Mayor Coontz commented she
chaired the committee that reviewed the last management audit in April 1989, which continued
into the 1990's. Many suggestions proposed by Arthur Young, later it was Ernst & Young, from
the appointment of a permanent City Manager to a renegotiation of the City's contract with BRC,
has been put in place, although it just recently happened. Other implemented proposals included
Citywide records imaging, routine outsourcing procedures, one-stop service at the Public
Works and Planning
counters.The following questions were
asked:1) Will the Arthur Young Audit, with some recommendations not carried through, be
reviewed as the RFP is
prepared?2) Will Mr. Miller, the Principal consultant from Rosenow Spevacek, be the exclusive leader
for the RFP
project?3) What is the timeline for completion of the RFP, the auditor selection, and the audit
itself?In response to Mayor Coontz's questions, the City Manager indicated the 1988/89 Ernst
and Young Management Audit will be reviewed by all department heads with a litany of questions
to be answered relating to changes that occurred in the past 8-9 years; what items from
the original audit have been implemented; what items have not; and other issues of concern. Mr.
Dan Miller will assist the City Manager, and it is proposed to take 90 days to complete the
RFP with possibly another 60-90 days to receive and review the responses. Also, a review
process on a quarterly basis will be incorporated into the
mid-year budget reviews.Mr. Miller commented the timetable is December 151 to complete the
RFP. In terms of solicitation and evaluation, it will take approximately 60 days. The length
of time doing the audit will be dependent upon what the audit will focus on. It is hoped the
audit can be completed within
a six month period.Councilman Murphy suggested that some of the results could be incorporated
into the next
fiscal year planning cycle.Mr. Miller indicated an interim report could be provided that would focus
on certain areas that would effect next year's budget. When the audit goes out to bid, the consultants
will be asked to provide
a timetable and
schedule.MOTION - Spurgeon
SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon,
Alvarez PAGE
CITY COUNCIL MINUTES August 26, 1997
6. REPORTS FROM CITY MANAGER (Continued)
Moved to approve a consulting services contract with the firm of Rosenow Spevacek Group, Inc.
to assist the City Manager in preparing a comprehensive scope of work, and in developing,
requesting, and evaluating responses to a Request for Proposal (RFP) for an outside private firm
to conduct a citywide management audit.
MOTION
SECOND
AYES
Spurgeon Murphy
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to appropriate,
from unappropriated General Fund reserves, $14,750 to the 1997-98 City Manager's
Office Budget in Account No. 100-0201-426700.
MOTION
SECOND
AYES
Mayor Coontz Murphy
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to direct
the City Manager to return to the City Council with a recommended management audit RFP
as soon as possible.Non-Agenda Item -
Merrill Lynch Lawsuit The City Manager
announced on August 21, 1997, the Orange County Investment Pool, which the City is
a participant, met to discuss an August 20th proposal from the County of Orange regarding $30 million
they received in the Merrill Lynch Settlement. This settlement was by the District Attorney's
Office regarding the criminal aspects to the investigation. This does not relate to the
civil portion in the bankruptcy settlement.The Orange County
Investment Pool Committee developed a response to that proposal. Today the Orange County
Board of Supervisors, in Executive Session, agreed with that proposal which will give the
schools $27 million; the County will receive approximately $3 million;approximately $7.3
million whichincludes 50% of the current interest earned would be shared proportionately by the
Orange County Investment Pool Committee.7.ADMINISTRATIVE REPORTS
Tape 2580 7.1 Treasurer'
s Report for the period ending July 31, 1997. (Report on file in the City Clerk's Office.)
In response to
Councilman Alvarez, the Finance Director reported that the actual bonded debt shown is for
the Redevelopment Agency or assessment districts. As of 1989, the City did not have any general
bonded debt. (C2500.F)PAGE 12
CITY COUNCIL MINUTES August 26, 1997
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Slater SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive
and file.7.2 Report
from the Director of Public Works regarding "Scope of Work" and estimated fee for
consultant services for Austin-Foust & Associates to facilitate the traffic study of
the "Handy Neighborhood Preservation Committee" regarding traffic.S4000.S.
3)The Director
of Public Works presented the report, indicating a report will be provided to Council as
the work progresses. An early completion date is anticipated.MOTION - Coontz
SECOND - Spurgeon AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to approve the proposed "
Scope of Work" and authorize an appropriation of$12,000 including contingencies from Account No.
285-5032-483100-6094 (TSIP Area C-Handy/Collins
Traffic Signal project) for consultant services.7.3
Status report from the Director of Community Development on Stuart's Rollerworld and
a request from Stuart's Rollerworld for a 90 day extension to shut down the operation. (
A4000.0 APP-437)The
Director of Community Development reported that Mr. Stuart Silver has decided to cease operation
at 2190 N. Canal Street and move to a different location. Staff recommends granting the
90 day extension and that Mr. Silver comply with the operational conditions.Councilman
Alvarez commented that he felt none of the conditions approved by Council had been
met to his satisfaction; suggested the facility be closed at 9 a.m. tomorrow; expressed concern
that the City exposes itself to liability by granting extensions as the facility is in violation
of building and fire codes; and addressed incidents from the police log that have occurred
at the facility between January 1, 1996 and February, 1997. The Police Chief reported a lot
of activity takes place at the facility.Mayor
Coontz acknowledged a letter was received from Steven Edwards. (Letter on file in the City
Clerk's office) Mayor Coontz commented she met with Mr. Silver who did not wish to discuss
the conditions imposed by Council. However, various other proposals were made. It was
suggested that Mr. Silver meet with the Economic Development Department to help him find
an alternative three acre site, with the stipulation that it needed to be either in a non-residential
area, industrial or commercial.PAGE
13
CITY COUNCIL MINUTES August 26, 1997
7. ADMINISTRATIVE REPORTS (Continued)
Stuart Silver, 2190 N. Canal, commented that in addition to roller hockey, seven other activities
take place at this location. Mr. Silver asked ifhe is allowed to be open until 10:00 p.m. for
business if the top is taken down? Mr. Silver indicated he signed an agreement with the City of
Anaheim and a facility has been guaranteed. The City of Anaheim is willing to issue a
temporary conditional use permit until the final conditional use permit is approved. Upon
request from Mayor Coontz, Mr. Silver presented the plans for the new facility in the City of
Anaheim for review. Mr. Silver stated the old league is over and a new league was signed up.
He would like to stay in the City of Orange, but the new facility in Anaheim allows him to stay
open until 2:00 a.m.
The City Attorney indicated the Uniform Building Code requires sprinklers for the structure.
The City is aware that the structure does not have sprinklers. Ifthere were a fire and people were
injured, the City could face potential liability. Mr. Silver has the ability to operate under the
conditional use permit on the property. The Council cannot unilaterally apply the CUP to Mr.
Silver unless he also approves it.
Kent Hawkins, 2190 N. Canal, said it is felt to be in the best interest of the neighbors and the
City that Mr. Silver move elsewhere. An agreement was received from his attorney and given to
Mr. Silver which will terminate the 15-year sublease agreement. The agreement provides
Mr.Silver 90 days or less to leave, contingent on the City Council's decision. The
termination agreement will require that Mr. Silver remove everything that is related to roller hockey.
Mr.Hawkins said the skateboard park will remain under his jurisdiction and he will comply with
the conditions imposed by Council. The three temporary trailers will leave the
facility.Richard Elgas, 1032 Cumberland, spoke in support of the 30-day extension, indicating it
is time for the facility
to go.Noreik Zadak, 1044 Cumberland, indicated he wants a guarantee that the operation
will shut down; commented that 30-45 days is sufficient; asked how the other activities
on-site will be affected; and indicated the facility has been open until 10:00 p.m. and
10:15 p.m.The Director of Community Development reported that Mr. Hawkins
will comply with the screening condition for the skate ramp area. The
fence has been
repaired.MOTION - Slater SECOND -
Mayor Coontz AYES - Murphy, Slater, Mayor Coontz,
Spurgeon NOES - Alvarez
PAGE 14
CITY COUNCIL MINUTES August 26, 1997
7. ADMINISTRATIVE REPORTS (Continued)
Moved to grant a 30-day extension subject to Conditions 3,6, 7,8 and 10, with the exception
of the skateboard screening. Mr. Silver is to place a $5,000.00 cash or cashiers check deposit
with the City by 5:00 p.m. on August 27, 1997. If the cash is not brought in, staffis directed to
close the facility by Thursday (August 28, 1997) morning. The $5,000.00 is to be forfeited ifthe
dome is not removed in 30
days.8.LEGAL AFFAIRS Tape
4851 8.1 ORDINANCE NO. 17-97 (
SECOND READING)An Ordinance of the City Council of the City of Orange amending Section 9.16.
020 of Chapter 9.16 of the Orange Municipal Code relating to the prohibition of
drinking in public. (A2500.0
Alcoholic Beverages)MOTION -
Slater SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
that Ordinance No. 17-97 be passed and adopted by the preceding vote.
8.2 ORDINANCE NO. 20-97 (SECOND
READING)An Ordinance of the City Council of the City of Orange amending Section 10.14.050
of Chapter 10.14 of the Orange Municipal Code pertaining to speed limits. (A2500.0
Speed
Limits)MOTION - Murphy
SECOND - Spurgeon AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
Ordinance No. 20-97 be passed and adopted by the preceding vote.9.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10.
ORAL PRESENTATIONS - None 11. RECESS
NOTE: The
Council recessed at 7:00 p.m. and reconvened at 7:10 p.m. Closed Session was continued to
the end ofthe 7:00 p.m. Session (see Page 17).PAGE 15
CITY COUNCIL MINUTES August 26, 1997
7:00 P.M. SESSION
12.1 INVOCATION
Pastor John Cairns, Zion Christian Church
12.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Murphy
12.3 ANNOUNCEMENTS - None 12.
4INTRODUCTIONS - None 12.5
PROCLAMATIONS - None 12.6 PRESENTATIONS -
None 13.PUBLIC HEARINGS Tape
5150 13.1 APPEAL NO.
440; TENTATIVE PARCEL MAP 96-183; VARIANCE 2031-97;PAUL CLARK
AND GEORGE ADAMS:Time set
for a public hearing on petition by Paul Clark and George Adams to appeal the decision by the
Planning Commission on July 7, 1997 denying Tentative Parcel Map 96-183 which would subdivide
a 19,860 square foot parcel into 4 lots and Variance 2031-97 which would allow for
waivers of site development standards for lot size, lot width, lot depth, building setbacks and
parking upon the property. The Planning Commission found that approval ofthis proposal
would likely intensify existing access and parking problems in the area; increase non-
conformities of existing development on the site; create lots that are substandard to zoning
requirements; and grant a special privilege inconsistent with the limitations upon other properties
in the same vicinity and zoning district. The property is located at the northeast corner of Maple
and Parker (633 West Maple).
Negative Declaration 1520-97 has been prepared to evaluate the environmental impacts
ofthis
project.THE APPELLANT STATES THE FOLLOWING REASONS FOR THE
APPEAL:We feel very strongly that this proj ect is the right type of development for the City of
Orange.We feel that Orange does not need more apartments. Converting these four rental houses
into four single lots that could then be sold so that families would live there who have pride
of ownership is the most positive thing that could happen to the property. We are not trying
to increase the density - there are four existing single family houses and we are trying to keep four
single-family houses. We feel that we met all the conditions of the proper variance and
we would like to present our project to the City Council for Orange. Therefore, because
ofthe above, we respectfully request a hearing at the City Council as soon as
possible."PAGE
CITY COUNCIL MINUTES August 26, 1997
13. PUBLIC HEARINGS (Continued)
Mayor Coontz announced Mr. Adams had submitted a letter requesting the public hearing be
continued to September 23, 1997.
MOTION - Spurgeon SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to grant
the request for continuance to September 23, 1997 13.2 ORDINANCE
AMENDMENT 2-97: CITY OF ORANGE Time set
for a public hearing on petition by the City of Orange to consider a proposal to amend Title 17
ofthe Orange Municipal Code to refine the site plan review process. (A2500.0 AMD-2-97)
NOTE:
This amendment is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) per Section 15305 of the State CEQA Guidelines.MAYOR
COONTZ OPENED THE PUBLIC HEARING.THERE
BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING.MOTION -
Spurgeon SECOND - Alvarez
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved that the amendment
is categorically exempt from the provisions of the California Environmental Quality Act (CEQA)
per Section 15305 ofthe State CEQA Guidelines.MOTION - Spurgeon SECOND - Alvarez
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon,
Alvarez Moved to approve Ordinance Amendment 2-97
as outlined in Planning Commission Resolution No. PC 21-97.14. PLANNING
AND ENVIRONMENT - None
15. ORAL PRESENTATIONS - None PAGE 17
CITY COUNCIL MINUTES August 26, 1997
RECESS
The City Council recessed at 7:20 p.m. to Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City
Negotiator: Personnel Director.
Employee Organization: All Employee Organizations (List Available in Personnel Office).
b. Conference with Legal Counsel - anticipated litigation.Significant
exposure to litigation pursuant to Government Code Section 54956.9(b) (one potential
case).c.
To consider and take possible action upon such other matters as are orally announced by the City
Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates
any of the matters will not be considered in Closed Session.The
City Council reconvened from Closed Session at 8:00 p.m.16.
ADJOURNMENT MOTION -
Mayor Coontz SECOND - Murphy
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez The City Council adjourned
at 8:00 p.m. in memory of William R. Calvert.M,{htAAJAA~CCt..l7CP4
CASSANDRA
J. HCART, CMC CITY
CLERK 7 27Li....(/ \_ ~-tJZ-
tt /J.? /
JoANNE
COONTz{f MAYOR /PAGE 18