11-25-1997 Council MinutesApPROVED BY THE CITY COUNCIL ON DECEMBER 9, 1997
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING November 25, 1997
The City Council of the City of Orange, California convened on November 25, 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 Alvarez
1.2 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.3
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Tape 184 Mayor Coontz
made the following announcements:The McPherson
Athletic Project was approved by the Orange Unified School District OUSD) Board
of Trustees on November 24, 1997.The Grand
Opening of the UCI Learning Center at the corner of Manchester and Chapman was
held last week. It is forecast that 3,000 students will attend.The Grand
Opening of the Century Stadium Promenade was held on November 20th.The revenue,
employment and property values this project will bring are significant to the City.
The groundbreaking
of Chapman Law School, located at the former OUSD site, was held on
November 21 st.Employee Recognition
Service Awards were presented by the City Manager to Jeff Walloch and Chris Clough. (
Pat Schultz and Roy Peterson were unavailable to accept their awards).C2500.JA.
18)Status of
Police Chief investigation by the City Attorney. (C2500.K)The City
Attorney reported the investigators have been asked to investigate the allegations initially reported
to the City by several Orange police officers prior to the decision to place the Police Chief
on Administrative Leave and to temporarily suspend the investigation of complaints or allegations
received after the Police Chief was placed on Administrative Leave. The individuals in
the Police Department were assured that all the complaints received will be investigated thoroughly.
The investigators either contact himself or the Personnel Director with any questions
or concerns they may have. The City Manager is not directing the investigation. It is believed
that all of the interviews are essentially completed. The final reports, which are anticipated sometime
next week, will be reviewed first by the City Manager and then by the City Council to
reach a determination whether any action needs to be taken.PAGE 1
11m If
II
CITY COUNCIL MINUTES November 25, 1997
1.3 PRESENTATIONS/ANNOUNCEMENTSIINTRODUCTIONS (Continued)
Mara Brandman, 7319 Equitation, Orange, commented the Police Chief stopped crime in the
City and asked that he be reinstated.
George Jaramillo, Jaramillo, Hoffman & Associates, 1851 E. 1st Street, Suite 1060, Santa Ana,
attorney for Chief Robertson, commented it is their recommendation that the Police Chief be put
back to work and let him do what he was once hired to do and prove or disprove himself.
Ken Adair, 11402 Jola, Garden Grove, expressed support to Council's action relative to Chief
Robertson; concern for the loyal and dedicated employees of the Orange Police Department; and
indicated the work environment he experienced at the City of Garden Grove Police Department
during Chief Robertson's tenure was hostile.
Carole Walters, 534 N. Shaffer, spoke in support of Chief Robertson; expressed concern for
individuals who speak in support of him; and indicated she will be filing a formal complaint.
Bob Corrado, 850 E. Chapman, attorney for Captain Lou Walsh, expressed his support of the
City Manager, City Attorney, Personnel Director and staff in regards to the Police Chief matter.
Mr. Corrado referred to a letter written by past Police Chief Traub, indicating the letter is
slanderous and he categorically denied, on behalf of Captain Walsh, each factual allegations
made in the letter. It was suggested Council consider the letter in light of the lack of confidence
by another City Manager and different Council with the past Police Chief in that his contract was
not renewed.
Kathy Gabel, 2050 N. Agate, wife and mother of Orange police officers, expressed concern with
the allegations against the Police Chief and the disparaging remarks made towards the City
Council, City staff, and the men and women of the Orange Police Department. The morale and
motivation of the Orange Police Department is extremely high.
Juan Marrujo, 1195 N. Lincoln Street, retired Orange police officer, indicated he retired because
he could no longer work under the atmosphere he was subjected to under Police Chief Robertson,
indicating laws, policies and procedures need to be adhered to.
Councilman Alvarez read the following statement into the record: "I basically want to clarify
things that have been printed in the press and also information that had been given to me. And
for the record, these really are my opinions, as a first year Councilman completing his first year.
In talking to a lot of the people that I talk to daily, and through my daily week, I interact
basically with business leaders, business owners, through out the week property owners. My
activities with the Chamber of Commerce and other things really keeps me within those
parameters. I feel bad in that when they talk to me this has become an embarrassment for our
City. You know this is a great City. All of us up here are prepared to always defend it as well as
the men and women who do it with the Police Department. And it is a little bit embarrassing.
Especially when I go to meetings representing our City when there are 26 other cities there
wondering what is going on, wondering the split between the Council, which is not healthy. I do
want to assure people that it may appear that way in the paper, but, in fact, the Council is always
PAGE 2
Uf H If I
CITY COUNCIL MINUTES November 25, 1997
1.3 PRESENTATIONS/ANNOUNCEMENTS/PRESENTATIONS (Continued)
one. We respect the decisions. We respect our individuality within the Council. I think that is
what makes this Council very strong.
With that, it has been reported that there had been up to 30 written reports generated within the
Police Department against the Chief. But I want to make that a little bit more clear than what
was reported. Ofthe 30 that had been submitted, only two, or actually six, were written reports
that were generated to the Police Department. Now lets put this in a proper context. There are
150 sworn officers for Orange PD; there are 50 non-sworn officers, and because of
Chief Robertson, now we have about 50 volunteers, due to the Citizens Police Academy. Out of
the 250 people, these six complaints equal up to about 2% ofthe department personnel. So that
tells me 98% of the department personnel really isn't being represented by how they feeL And I
can tell you through my efforts and through Mayor pro tern Slaters' efforts, to talk to as many
rank and file the Police Department as we can, they support our efforts. They tell us to continue
the good work. As up to an hour ago I had received calls from Orange PD, telling me to continue
the work that we are
doing.The citizens of our City, I don't think, really believe that the Chiefwas placed on leave
simply because of one officer's complaint. That's usually handled administratively. But in this case
it wasn't. As far as his relationship with Captain Walsh, well we know that goes back a lot
further than when the Chief was here. I took time to have a two-hour meeting with Mayor pro
tern Fred Barrera, which he filled me in over his 20 years what he had seen here, and even he
doesn't understand what we are going through now. I've seen the evidence. Actually, I have
heard it,not seen it. We will be seeing it soon. But I have heard it from the investigators. I have
heard it first hand from them what they have had to say, or what they have been told. And I
continue to support the Chief 110%, because quite frankly, I haven't seen anything to change my
mind. The Council has been informed that Chief Robertson was trying to determine who is
responsible for violating the court order that was supposed to be kept confidential, and this was
involving the Orange Disposal affidavit. That investigation included determining whether City
officials had
their fingerprints..."The City Attorney intermitted and advised Councilman Alvarez that he does not think
it is appropriate to take a stand on whether the Police Chief should be supported or
not supported until the report is final. Concern was expressed that it may be perceived by individuals
who have made complaints that the City will not investigate their complaints. The message that
is being sent to the police officers who have filed a complaint is that the Police Chief is going
to be supported no matter what allegations are made. It was equested that before any position
is taken by any Council Member in public, either for or against the Chief, the decision be made
after the report
becomes finaL Counncilman Alvarez continued: "In my discussions with the rank and file, I tried to
make clear to them that the position I'm taking is based on either the information I have or the
lack of information that the opposite is also true, Mr. DeBerry, that in see something wrong or
in see somebody being wronged, that I will defend them. So that is the other message that they
are also getting. I think everybody in the City wants to find out basically what has happened
with this affidavit has compromised the Orange Disposal investigation. It reached a point in
my mind
PAGE 3 il:
CITY COUNCIL MINUTES November 25, 1997
1.3 PRESENTATIONS/ ANNOUNCEMENTSIINTRODUCTIONS (Continued)
where I had to meet with Orange County District Attorney Michael Capizze to be assured by him
and his staff that our investigation here into the Chief could contaminate that investigation.
I want to make my final point very clear. Last week, both the City Manager, the Mayor and
Councilman Mike Spurgeon, Mark Murphy, myself, and Mayor pro tern Slater all talked about
giving permission to the reporter who had wrote the article to reveal the source of the leak. But
what I am interested in basically, is something beyond that. And that is, for my colleagues up
here to give permission to release our fingerprint files so that we can complete this investigation.
It's my belief that essentially this investigation is to characterize the "smoking gun". I think if
we know who is on that then we'll know why this investigation has happened and more
importantly, we'llleam something that even the investigation hasn't revealed to us, and that is
the motivation behind all this. I think it is very important that we know that, and I publicly right
now, give my permission to have my fingerprint file pulled so that this investigation can
continue. I would like to recommend that under the authority of the City Attorney Dave
DeBerry, that he take custody of this affidavit, and that he see to it that the investigation be
completed, using our files, again, under his direction, and that this information be brought back
to us before the December 9th meeting so we can also review it, along with the report. I think it is
important that the public get the perception that we want to seek the truth, that we will turn over
any rock and any leaf and we will cooperate to the full extent, as a Council, to reach that end.
And I think it's up to each one of us individually to give that permission. I think it's important
so that we can put this scandal behind us, and once and for all, come up with a decision. And
finally, to answer the City Attorney, it's true. I have stated publicly in the paper that I support
the Chief 110%, but once I receive the report, I was the first one that did go to him. Until then I
want to see every bit of evidence. I want to read every testimony. I want to look over every bit
of exhibits that he has so that I can draw my own conclusion. And I intend on doing that. I feel
it's my responsibility as an elected leader to do that.
The second item that I would like to support is again, a perception that the public has of us. And
that is when we get down to making the final decision. I had talked to the City Attorney and
asked him what the rule oflaw was when it comes down to the Council making a decision, ifit's
just the Council and the City Attorney in the room together. Because, ultimately, it is our
decision, not the staffs, not the City Manager's, but it's ours. We're the elected official. Mayor
pro tern Slater has brought that up before the Council last week and I support that position. I
think it's very important that we give the public the perception that it's our decision, that we'll
make it on our own, on our shoulders, with no influences from anyone other than ourselves. And
I think that is very important and I support that and I hope Mayor pro tern Slater pursues that
once we get down, if the decision is going to be made December 9th."
Mayor Coontz commented, for the benefit of entire Council, from the aspect of legal issues, that
the City intends to protect all individuals who are employees ofthe City of Orange that are
involved in this issue.
Councilman Murphy stated he welcomes the opportunity for Council Members to be
fingerprinted and to take a look at the "documents". The Police Department leadership is very
important, however, all Police Department employees need to be recognized and given credit for
PAGE 4
1m '
f II I
CITY COUNCIL MINUTES November 25, 1997
1.3 PRESENTATIONS/ ANNOUNCEMENTSIINTRODUCTIONS (Continued)
their roles in addressing crime statistics, community policing, etc. To discount any complaint
that is brought forward is against the law. It was indicated that he will wait until information is
received before any public statement will be made.
c
Mayor pro tern Slater requested confirmation from the City Attorney that the affidavit is at the
Police Department headquarters; that it be placed in the City Attorney's possession; indicated he
is willing to provide his fingerprints; and that he would like to know whose fingerprints are on it.
The City Attorney responded he believes there is a package which contains the City Manager's
draft copy of the affidavit and other information in the evidence locker at the Police Department
and he would prefer the affidavit stay there. Consent would be needed from all Councilmembers
for the investigation ofthe fingerprints. It is not a criminal investigation as the District Attorney
has said that the leak of the affidavit is not a crime. Identifying who may have touched the
affidavit can be done as long as everyone knows what the parameters of that investigation would
be.
Mayor Coontz commented Councilmembers will have the opportunity to listen to the
investigators information and try to come to some solution.
Councilman Spurgeon commented that he would sign a statement or orally proclaim that he
wants his fingerprints run to clear his name, indicating they have already been run.
Councilman Alvarez asked, at the direction of the City Attorney, that both the City Manager's
and Police Chiefs copy of the affidavit be treated equally and fairly in terms of the investigation.
1.4 PROCLAMATIONS - None 2.
CONSENT CALENDAR Tape 1525 2.
1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda
of a regular meeting of November 25, 1997 at Orange Civic Center, Main Library,Police
facility at 1107 North Batavia, the Eisenhower Park Bulletin Board and summarized
on Time Warner Communications; all of said locations being in the City of Orange
and freely accessible to members of the public at least 72 hours before commencement
of said regular meeting.ACTION:
Accepted Declaration of Agenda Posting and authorized its retention as a public
record in the Office of the City Clerk.2.
2 Request Council confirmation of warrant registers dated October 23 and 30, 1997 and November
6 and 13, 1997.ACTION:
Approved.2.
3 Request approval of City Council Minutes, Regular Meetings of October 28, 1997 and November
12, 1997.PAGE
5 r
1;
11 I If I
CITY COUNCIL MINUTES November 25, 1997
2. CONSENT CALENDAR (Continued)
ACTION: Approved.
2.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
2.5 Request Council approve Grant of Easement to Southern California Edison Company for
electrical service at Reservoir 9A Pump Station located at 2509 N. Cannon Street.
D4000.0)
FISCAL IMPACT: None.
ACTION: Approved and authorized Mayor and City Clerk to execute on behalf of the
City.
2.6 Request Council approve the purchase of a strip of property in the amount of $10,727.00
plus related escrow costs located at 1302 W. Chapman Avenue to be used in connection
with the Chapman/Main intersection widening. (A2100.0 AGR-
2933)FISCAL IMPACT: Funds are budgeted and available in Account No.
262-5011-483300-3229 (
CIP-Chapman/Main Intersection).ACTION: Authorized Mayor and City Clerk to execute on
behalf of the City.2.7 Request Council approve Program Supplement Agreement No.
003-M to Local Agency-State Agreement No. 12-5073; STP
LHG-5073(010); Traffic Signal Modifications at various locations;
Bid No. 967-
34. (
A2100.0 AGR-2873.1)FISCAL IMP ACT:
None.. The Federal funds fully reimburse the contract construction cost up to a maximum of $74,546.
00. The total construction contract cost for the project,including equipment
purchases, is $60,747.50. The agreement provides for reimbursement
of Federal funds through Caltrans into the followingaccounts:
34,360.00 - 550-5032-483100-6136 (Signal
Mod Orangewood/Eckhoff)1,500.00 - 550-5032-483100-
6199 (Orange-Olive at Meats)1,800.00 - 550-5032-
483100-6198 (Glassell St. at Riverdale)1,600.00 - 550-
5032-483100-6197 (Katella Ave. at Main St.)2,
500.00 - 550-5032-483100-6196 (Glassell St./Taft
at Orange-Olive)2,100.00 - 550-5032-483100-6195 (Glassell St. at Walnut)
16,
885.50 -
262-5032-
CITY COUNCIL MINUTES November 25, 1997
2. CONSENT CALENDAR (Continued)
2.8 Request Council approve an agreement with Creative Computer Solutions for the
purchase of Utility Billing Software and related services in an amount not to exceed
179,554. (A2100.0 AGR-
2934)FISCAL IMPACT: Funds are budgeted in the following
accounts:95,000 - 220-1601-449103-8490 (Sanitation
Fund Computer Software)95,000 - 600-1601-449103-
8490 (Water Fund Computer Software)Discussion: Barbara DeNiro, (address on file), asked if
there will be an itemized
breakdown of all utility charges.The Finance Director responded the system has the
capability to itemize. The City Manager said staff will be providing the information to Council
so they
can make the policy decision.ACTION: Authorized Mayor and City Clerk to
execute on behalf ofthe City.Councilman
Murphy
abstained on this item.APPROPRIATIONS 2.9 Request Council to amend the City's current agreement
with Jeff Franzen, CPA, for specialized accounting services by increasing its
dollar amount and to appropriate 36,000 for services relating to the Orange
County District Attorney/Orange Police Departmentinvestigation
ofORRS. (A2100.0 AGR-2854.2)FISCAL IMP ACT: Appropriate $36,
000 from Unappropriated Reserves within the Sanitation Fund
to Fund 220-4031-
426700-Sanitation
Fund,
Police Detectives,Professional and Consulting Services.ACTION: Approved.BIDS 2.10 Request Council approve
plans and specifications and authorize advertising for bids for ADA improvements - curb ramps invarious
locations, fiscal year 1997-98. (S4000.S.3.2)
FISCAL IMPACT: Funds are available in the
following accounts:59,310.00 - 310-6057-
483300-1328-
16113 (CDBG Funds)62,910.00 - 310-6061-483300-1328-16113 (CBDG Funds)ACTION: Approved.2.
11 Request Council approve award of Bid No. 978-10 to C. A. Grainger
Construction
for Senior
Citizens Building improvements
CITY COUNCIL MINUTES November 25, 1997
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds in the amount of $78,000 are budgeted in Account No. 310-
6057-481200-1601 (CDBG - Senior Citizens
Building).Discussion: Barbara DeNiro, (address on file), commented the $211,000 for the
Senior Center building was to be reduced with the operation of bingo and asked
what improvements will be made to the building with the $71,000
expenditure.The Director of Community/Library Services responded $71,206.00 is the projected
cost of the flooring and other aesthetic improvement to the building. The bingo money is
used for other operational expenses as determined by Orange Elderly Services Board
of
Directors.The City Manager commented nearly $300,000 is attributable from the City for
specific items as well as $211,000 to help with the seed and support of some of operational
costs of the Center. The City Council must make recommendations and/or provide
the direction that the Board of Directors must participate in. The management audit
will assure there is proper financial reporting and documentation is being
followed.Expenditures for the Senior Center will be separated in the 1997-98 fiscal
year budget.Mayor Coontz said Council will address this issue and review the contract at a
later date.Councilman Spurgeon requested a Council update on the endowment fund for
the
Senior Center.ACTION: Approved and authorized the Mayor and City Clerk to execute the
contract on behalf of
the
City.CLAIMS 2.12 Claims for damages and applications to present a late
claim from:a. KPMG Peat Marwick and KPMG Peat
Marwick LLP b. Jesus" Marvin & Miguel Astorga (minors) and Estella
Agilar (mother)c.
Carol Barbarow d.
Joyce Brockie e.
Terry Burchynsky f.
Mitch Fontaine g. Dee
Ann Fraser h.
Michelle Shumaker 1. Edward and
Deseree Srnith J.
Wander Sun
k. MarkWood ACTION: Denied claims for damages and Applications to Present a Late
Claim and referred to City Attorney and Adjuster. (
C3200.0)
PAGE 8
l~llf II If
CITY COUNCIL MINUTES November 25, 1997
2. CONSENT CALENDAR (Continued)
CONTRACTS
2.13 Request Council approve renewal of contracts for Hartford Life Insurance, Hartford Long
Term Disability, PacifiCare Dental Insurance, Delta Dental Insurance, and Section 125
Flexible Spending Accounts effective January 1, 1998. (AGR-2616.A; AGR-
2936; AGR-
2937; AGR-2938)FISCAL IMPACT: The current budget and projected Fiscal
Year 1998-99 budget contain adequate funding for contract renewals. The ITT
Hartford Basic Life Insurance and Long Term Disability contract includes a one time 5% ($
6,042.00) increase.ACTION: Authorized Mayor and City Clerk to execute on
behalf of the City.2.14 Request Council approve contract for a new
PacifiCare Vision Employee Benefit Program effective January 1,
1998. (A2l00.0
AGR-2939)FISCAL IMPACT: None.ACTION: Authorized Mayor and City Clerk to execute
on behalf of the City.2.15 Request Council approve a Contract Change Order
in the estimated amount of 200,000.00 to R. 1. Noble Company for street rehabilitation -
Tustin Street from Collins Avenue to Bixby, Bid No. 978-03, S.
P. 3193. (A2100.0 AGR-2872)FISCAL IMP ACT: Funds
are budgeted in the following accounts:100,000.
00 -262-5011-483399-4024 (Fed. Share Grant
Funds)60,000.00 -262-5011-483300-
4024 (City Share Grant Funds)40,000.00 - 271-5011-483300-4024 (Gas Tax)
ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City.2.
16 Request Council a) transfer $27,000 from unappropriated General
Fund Reserves to Fund 500 and appropriate funds for engineering contract administration, additional contract construction cost
and contingencies; and b) award a contract in the amount of$57,038.l5 to Construction Systems
for bid items 1 through 4 only of Alternate No.2. Bid No.
978-15, S.P. 3215, Fashion Park Screen Wall, Alternate 2. (A2100.0 AGR-2940)
FISCAL IMPACT: Funds in the amount of $50,000
are available in Account No. 500-5011-
485100-3040 (Capital Improvements). Adequate reserves are available in the General Fund
to pay the additional
costs.ACTION:
Approved appropriation and
CITY COUNCIL MINUTES November 25, 1997
2. CONSENT CALENDAR (Continued)
2.17 Request Council award a professional services contract to Thielmann Engineers in the
amount of $52,460.00 for field survey, geotechnical investigation, and preparation of
design calculations, plans, specifications and cost estimates for D-128, Sacramento
Street Storm Drain. (A2100.0
AGR-2941)FISCAL IMP ACT: Funds are budgeted in the Capital Improvement
Program and available in the
following account:100,000.00530-5011-483400-3433 (
Storm Drain - Sacramento St.)ACTION: Approved and authorize Mayor and City Clerk to
execute
on behalf ofthe City.2.18 Request Council award a professional services contract in the amount of $
34,551.00 to RMS Engineering for engineering work to prepare
plans, specifications and construction cost estimates for seismic strengthening of the
Water Plant Headquarters
building.A2100.0 AGR-2942)FISCAL IMP ACT: Funds are
budgeted in the following account:34,551.00 - 601-8041-481200-8211 (
Water Plant Building Seismic Upgrade) The City has an application pending
with the Federal Emergency Management Agency (FEMA)for reimbursement of a significant
portion of the engineering
and construction work related to this project.ACTION: Approved and authorize Mayor and
City
Clerk to execute on behalf ofthe City.2.19 Request Council approve a Contract Change
Order in an amount not to exceed 22,000.00 to Med- Tox Incorporated for construction
of a river rock fence wall and accessories at 492 South Orange Street and 127
East La Veta Avenue. Bid No.
978-04,S.P.3200. (A2100.0 AGR-2871)
FISCAL IMPACT: Funds are available in the following
Accounts:9,900.00 - 271-5011-483300-3017 (
Special Gas Tax)12,100.00 - 271-5011-483399-3017 (Special Gas Tax)NOTE:
Mayor pro
tern Slater abstained on this item due to a property interest.ACTION: Approved.2.20
Request Council approve an amendment to the existing contract between
the City and Aircon Energy Services, Inc., for additional mechanical
and lighting system improvements at the Senior Citizens Center. (A2l00.
0 AGR-2753.l)
FISCAL IMPACT:
Funds are
CITY COUNCIL MINUTES November 25, 1997
2. CONSENT CALENDAR (Continued)
Discussion: Barbara DeNiro, (address on file), asked ifthe $122,000 expenditure is in
addition to the $71,000 requested in Item No. 2.11 - Improvements.The
Director of Community/Library Services responded the contract needs to be amended
to use CDBG funding.ACTION:
Authorized Mayor and City Clerk to execute on behalf of City.GRANT
2.
21Request Council approve a Homeowner Participation Program (HOPP) grant for Case Number
628 and authorize the Finance Department to prepare a warrant in the amount of 1,
975.00. (C2500.G.1.3.l)FISCAL
IMPACT: Sufficient funds are available in the HOPP Fund 316 and will be recorded
under Account Number 316-6053-
427800-1221.ACTION: Approved and authorized the Finance Department to prepare
a warrant.
PERMITPARKING 2.22 Request for temporary suspension of permit parking restrictions within
Permit Parking Area A, (Downtown Area) for the annual Orange County Economic Forecast to be
held at Chapman University on December 4, 1997. (S4000.S.3.
1.2)FISCAL
IMPACT: None.
ACTION: Approved.REQUEST
FOR PROPOSALS 2.23 Request Council authorize hiring a consultant to advise the City on costs and
other issues relating to deregulation of the electric utility industry in California which will
occur on January I, 1998. (
U1300.0)FISCAL IMP ACT: A .funding recommendation will be made at the time
of
contract award.ACTION: Instructed the Public Works Director/City Engineer to prepare a
Request for Proposal to hire
a consultant.
PAGE
11 r-I..
CITY COUNCIL MINUTES November 25, 1997
2. CONSENT CALENDAR (Continued)
RESOLUTIONS
2.24 RESOLUTION NO. 8843
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 97-6 adjusting lot lines of certain real property situated at 443 and 447 N.
Clinton Street in the City of Orange County of Orange, State of California. (C2500.M.16.
1)Andrew J. Benun, Alexander and Patricia
Csiszer ACTION:
Approved.2.25 RESOLUTION NO.
8844 A Resolution of the City Council of the City of Orange approving Lot Line
Adjustment LL 97-3 adjusting lot lines of certain real property situated at 6122 E.
Santiago Canyon Road and the northerly contiguous undeveloped parcel on the south side
of Santiago Canyon Road 500' west of Orange Park Blvd. in the City of Orange, County
of Orange,State of California. (C2500.M.
16.l)Owner: The Davidson Revocable Living Trust, and Sully Miller
Orange Venture
ACTION: Approved.2.26 RESOLUTION
NO. 8845 A Resolution of the City Council of the City of Orange finally accepting
the completion ofa certain public work and improvement; Bid No. 967-20;
D-124; Calfon Construction Inc.; Milford Street storm drain
improvements. (A2l00.
0 AGR-2752)ACTION: Approved.
2.27 RESOLUTION NO. 8846 A Resolution of the City Council of the City of
Orange finally accepting the completion ofa certain public work and improvement; Bid
No. 967-35; D-122; Steve Casada Construction Company;
Glassell Street storm drain improvements between Katella
Avenue and
Adams Avenue. (A2100.0 AGR-
2832)ACTION: Approved.2.28 RESOLUTION NO. 8850 A Resolution of the City Council of the
City of Orange temporarily closing the Plaza for the Annual Tree Lighting
Ceremony on
Sunday, December 7, 1997. (
CITY COUNCIL MINUTES November 25, 1997
2. CONSENT CALENDAR (Continued)
ACTION: Approved.
RESPONSE TO GRAND JURY REPORT
2.29 Request Council approve a response from the City of Orange to the 1996-97 Grand
Jury Report entitled "Water Distribution and Rates within Orange County" which has
been requested of all cities and/or districts. (C2500.
P)FISCAL IMPACT:
None.ACTION: Authorized Mayor to sign on behalf of the
City.TRAFFIC
SAFETY 2.30 Request for placement of a school crossing guard at the intersection of Prospect St.
and Palmyra
Ave.FISCAL IMPACT: This is an unbudgeted position and requires an appropriation
of approximately $6,000 annual salary from General Fund Unappropriated Reserves into
the Police Department's Crossing Guard Salary Account No.
100-4041-413102-0000.
S4000.S.
3.5)ACTION: Approved.2.31 Request for placement of a school crossing guard at the intersection
of California St. and Quincy Ave. (
S4000.S.3.5)FISCAL IMPACT: This is an unbudgeted position and
requires an appropriation of approximately $6,000 annual salary from General Fund
Unappropriated Reserves into the Police Department's Crossing Guard
Salary Account
No. 100-4041-
413102-0000.ACTION:
Approved.MOTION - Spurgeon SECOND - Alvarez AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Councilman Murphy abstained on Item No. 2.8. Mayor pro tern
Slater abstained on Item No. 2.19. The remainder of the Consent Calendar
was approved as presented.
END OF CONSENT CALENDAR NOTE: The City Council recessed to Closed Session at 5:38 p.m. for
the purpose of Public employee discipline, release and dismissal pursuant to Government
Code Section 54957. The City Council reconvened from Closed Session at
6:45
p.m.PAGE
CITY COUNCIL MINUTES November 25, 1997
3.REPORTS FROM MAYOR COONTZ Tape 1834
3.1 Recap on Orange Disposal Service/Orange Resource Recovery Systems. (A2100.0
AGR-0119.
F)Mayor Coontz reported the investigation has been in the hands of the District Attorney
since early August and three Orange police investigator's work under the direction of the
District Attorney on the Orange Resource Recovery Systems (ORRS) inquiry. The City pays for
the work of Jeff Franzen, CPA, to assist the District Attorney with the accounting issues. The
City has no indication from the District Attorney as to when the investigation will end. The
District Attorney's office has complete jurisdictional control over the inquiry and its schedule. The
City joins with members of the community in hoping for a rapid resolution of the
inquiry.In July the City Council denied a request by Orange Disposal Service (ODS) to add a year to
its contract. The ODS contract expires two years from next month. In July, the City repealed
an evergreen clause" in the ORRS contract to stop the contract's automatic renewal. The City
can immediately terminate one or both contracts if it is found that officials of either company
broke the law. The City will not know if laws were broken until results of the District Attorney'
s investigation are seen. In the meantime, the City Attorney is aggressively attesting several
issues of dispute in the contract. The City has also begun a full-scale
city-wide management assessment to determine where it can improve its contract administration and
other city practices.The City contracted with the firm of Hilton, Farnkopf & Hobson to review
the operations of ODS/ORRS. Completion of the study is expected in February, 1998. As the
study continues, the residents trash and recycles continue to be collected on schedule at one of the lowest
rates in the County. City staff deserves credit for meeting this key operational goal throughout
the course
of the investigation.Mayor pro tern Slater requested an update in regards to the specifics of the
ODS/ORRS contract.The City Attorney responded it has become apparent the criminal investigation
will last longer than anticipated and the City cannot wait to address a number of contract
issues which involve significant amounts of money and how the City will meet its obligation under
current State law to reduce by 50% the amount of trash sent to the landfills by the year 2000.
The City Attorney said he has been in negotiations with ORRS's attorneys going over several
contract issues. The City will not waive any rights the City might have to revisit any contract
issues, depending on the outcome ofthe criminal investigation. The agreement will in no
way compromise the District Attorney's investigation or result in any waivers of criminal
prosecution. The District Attorney's office will review and approve any agreement prior to it being brought
to the City Council for approval. The City still reserves its right to terminate the contract.
There have been discussions about eliminating the 10% plus contract on the ORRS contract because
of the City oversight. Flat rate contract are being looked at, similar to what other cities
have. The Council will be kept updated on any significant happenings in the negotiations. It is hoped
to have a report and agreement for Council consideration by the first
of the
year.PAGE 14
I-TitI
CITY COUNCIL MINUTES November 25, 1997
3. REPORTS FROM MAYOR COONTZ (Continued)
Harry Astor, 333 City Blvd. West, Orange, representing ODS/ORRS, said that ODS/ORRS is
very anxious for a "workshop session" and feels they can negotiate with little give and take to get
the issues resolved.
Carole Walters, 534 N. Shaffer, asked ifit is true the City will terminate the contract with
ODS/ORRS in 1998 and expressed frustration with the lack of response from City officials to her
request to look into the $3.00 charge for the recycling bins on the utility bill, which were paid off
long ago.
The City Manager responded many of the contract issues are still being addressed. The City has
made no concrete decision on what its options will be. The Assistant to the City Manager is
researching the recycling bin issue.
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, asked if there have been any reports
from the consultants hired for the ODS/ORRS investigation and if the consultant is participating
in some of the cities inquiry into what has been happening in the trash business.
The City Manager responded Hilton, Farnkopf & Hobson has indicated a preliminary report will
be provided about the first of February, 1998. The consultant is not participating in the cities
inquiry of the trash business.
4.REPORTS FROM COUNCILMEMBERS Tape 2740
4.1 Report from Mayor pro tem Slater regarding a Resolution recognizing the
achievements of Police Chief John Robertson. (C2500.K)
Mayor pro tern Slater stated the Metro section of the Orange County Times and the Orange
County Re~ister reported the crime rate in Orange is down another 19% during the first six
months of 1997. The crime rate has dropped over 50% over the last five or six years. It was
suggested, putting aside the police investigation, in light ofthe achievements that Police Chief
John Robertson has made in the community with the substantial reduction in crime, the
progressive programs he has implemented, i.e. community oriented policing, bicycle teams, and
the Citizens Police Academy, that a Resolution be prepared for the next Council meeting
recognizing the Police Chief for those achievements in the City.
Carole Walters, 534 N. Shaffer, spoke in support of Police Chief Robertson and his achievements
in the City.
Bob Bradley, 873 N. Highland, indicated the Council should wait with an open mind until the
investigation is completed and the reports are provided to them.
Mayor Coontz commented that a resolution is a legal document that is part of the City's records
and is only given to someone when they leave after ten years of service or retire. This has been
PAGE 15
l II
CITY COUNCIL MINUTES November 25, 1997
4. REPORTS FROM COUNCILMEMBERS (Continued)
the City's policy. Proclamations are presented all the time, but that is a different subject. This is
an unusual case and would break the precedent of over 100 years at the City.
The City Attorney expressed the same reservation made earlier in the meeting relative to drafting
a Resolution for the next Council meeting and expressed concern for the investigation and
litigation. It was recommended that a Resolution not be drafted until the investigation is
complete.
MOTION - Slater SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that a
Resolution be drafted for Chief Robertson addressing his management accomplishments in implementing
community-oriented policing, etc. in the City of Orange; and a mirror
Resolution be drafted to the entire police department with appreciation to the families of the Orange
police officers from the City of Orange. The draft Resolutions are to be brought forward at
the first Council meeting after a decision has been made regarding the investigation 5. REPORTS
FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6.REPORTS FROM
CITY MANAGER Tape 3426 6.1 Scope
of work for the Citywide Management Assessment. (C2500.E)The City Manager
presented the report which outlines the Scope of Work for the Citywide Management Assessment.Mayor
pro tern
Slater commented it would be beneficial to know what took place before the trash investigation was brought
to Council; i.e. what was staff doing, what did they know, and how did they communicate with
the City Manager.The City Manager
assured Mayor pro tern Slater that when he sits down with the vendor of choice, those specific
issues will be addressed.Councilman Murphy suggested
having an open ended question at the end of the Request for Proposal (RFP) where
the respondents could give their ideas on other areas above and beyond the scope, but
within the scope of the bid.Dan Miller indicated
in the RFP there is a section where the respondents will have an opportunity to discuss
exceptions to the RFP. There will be a preliminary report focusing on recommendations of budgetary
impacts.Mayor Coontz addressed
code enforcement functions and the one stop process which covers the fact that everything
needs to be directed toward one individual at the counter. Also, there needs PAGE 16 TIT----.
r-
CITY COUNCIL MINUTES November 25, 1997
6. REPORTS FROM CITY MANAGER (Continued)
to be sufficient development information at public counters. Mr. Miller indicated the
development review process will evaluate these procedures as well as the Design Review Board.
Mayor pro tern Slater suggested once the original proposal returns to Council, have the Audit
Committee review it for their input.
MOTION - Murphy SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
the Scope of Work for the City-wide Management Assessment; direct the City Manager to
direct the consultant, Dan Miller of Rosenow Spevacek Group (RSG) to develop,issue, and
evaluate responses to a Request for Proposals (RFP) for the Management Assessment.The issue
date for the RFP shall be mid-December with a 45-day window for interested firms to
respond to the RFP. Direct the City Manager to return the evaluated RFP responses to the City
Council for final selection of a consulting firm to complete the Management Assessment.
6.2 Report on the qualification review of the candidates for the Internal Audit
Committee. It is recommended Council receive the recommendations of the Qualification
Review Panel and appoint Eric H. Woolery, David E. Sundstrom, Steven E. Meadows
citizen representatives), and David L. Rudat (City Manager). Councilmembers Mark
Murphy and Daniel R. Slater were appointed on June 24, 1997- continued from October
28,1997. (OR1800.0.27.17)
MOTION - Mayor Coontz SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to appoint
Eric H. Woolery, David E. Sundstrom, and Steven E. Meadows as citizen representatives and David
L. Rudat, City Manager, to the Internal Audit Committee.6.3 Presentation
of the First Quarter 1997-98 Budget Report for the period July 1, 1997 through September
30,1997. (C2500.J.1.1)The City
Manager presented the report inviting the public to review the document in the City Clerk's
Office. It was noted income and expenditures are on target city-wide. The Assistant City
Manager further commented the report indicates all departments progress on their goals.Regarding
the recycling bin charges brought up by Carole Walters, research was done and it is not
clear on the time certain when the charges would fall off. A report will be prepared for the City
Manager and Council's review on this issue.PAGE
17 Ii
CITY COUNCIL MINUTES November 25, 1997
6. REPORTS FROM CITY MANAGER (Continued)
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive
and file.7.ADMINISTRATIVE REPORTS
Tape 4181 7.1 Report
from the Public Works Director regarding the status of the early opening of the Eastern Transportation
Corridor (ETC). (T2200.0.2)Mayor Coontzreported
after more than twenty years of planning and construction, the Eastern Transportation Corridor is
a significant milestone in improving mobility in Orange County. The completion of the
ETC will considerably reduce traffic congestion on the 55, 91 and 5 Freeways.The Transportation Corridor
Agency (TCA), Silverado, a consortium of constructors, and staff have been working
diligently with staffs from Tustin, Irvine and the Jamboree/Edinger Interchange Project Contractor
to ensure that the west leg will be in place by October, 1998.There is a
strong possibility there will be a full opening of the Eastern Transportation Corridor including the west
leg in October, 1998. Silverado has the contractual right to open the full corridor without the
west leg. However, this will create adverse impacts on Jamboree Road between Chapman Avenue
and Canyon View. Concern was expressed regarding this issue, and at the City'
s request, Silverado has pursued a number of opening options. The TCA and Silverado have proposed
to widen Jamboree Road between Chapman and Canyon View at no cost to the
City of Orange. This is a contingency plan because TCA and Silverado are pursuing alternatives with other
cities. The cost is $200,000 and Silverado has agreed to do the work for the City. When
it is opened, Jamboree will not be widened, the section of Jamboree will be opened that already
was proposed to be used in its full content.Pat Stickland, representing
Silverado, assured the Council it was their intent to open the entire project. It has
been agreed in writing, no strings attached, that the improvement will be done on Jamboree Road.The
City Attorney
advised the Agenda only designates a report is to be made and if action is proposed to be
taken, findings need to be made.MOTION -Mayor Coontz
SECOND -Spurgeon AYES -
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved that there
is a need to take immediate action and that the knowledge to take immediate action arose after
the posting of the Agenda.PAGE 18 Trrll---.
r-mmmm_
mm___~ .
CITY COUNCIL MINUTES November 25, 1997
7. ADMINISTRATIVE REPORTS (Continued)
MOTION
SECOND
AYES
Mayor Coontz Murphy
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved that the
Council support the early opening ofthe Eastern Transportation Corridor without the west leg
subject to the completion of traffic impact mitigation measures acceptable to the City of Orange
with traffic impact measures be completed by Silverado Constructors.MOTION SECOND AYES
Mayor
Coontz
Murphy
Murphy, Slater, Mayor
Coontz, Spurgeon,
Alvarez Moved that the Council approve the
widening of Jamboree Road by Silverado Constructors from Chapman Avenue to South of Canyon
View Avenue at no expense to the City as a mitigation measure within the City of Orange
that will alleviate adverse traffic impacts on City streets caused by the early opening of
the ETC.7.2 Report from the Director
of Economic Development regarding the Business Relocation and Settlement Agreement between the
City and David W. Wilson.The Director of Economic Development reported
the widening of Main Street from La Veta north past Chapman will result in the
removal of a portion of the building now occupied by Ford of Orange. Staff reached an agreement with
Ford of Orange to compensate them for their move and to relocate them to the southeast
corner of Main and Katella in the City. The City will make annual payments to Ford of Orange
for seventeen years or for $2.5 million, which ever comes first. The amount of the payment
will equal 49% ofthe sales tax generated annually on new and used car sales only. The City
will receive 100% of all sales tax generated from leasing of vehicles. The City will also receive
construction of a $9 million or more dealership; maintaining of minimum $4 million annually in
payroll; an operation on that site for 17 years; agreement to operate Toyota of Orange for at
least five more years at its present location; and an agreement to waive any other rights and any
other compensation for vacating the site on Main Street. The City has received $147,644.00 of
revenue generated by this business.In response to Barbara DeNiro's
questions, the Director of Economic Development reported the Redevelopment Agency is not the entity
that is assisting in this project; it is a City of Orange project. The property the City leases
to Ford of Orange will be available. The Ford Company and Villa Ford approved this dealership'
s request to move to Main and Katella.RESOLUTION NO. 8848 A Resolution of
the City Council
of the City of Orange approving a Business Relocation and Settlement Agreement between the City of
Orange and David W. Wilson relating to Ford of Orange. (A2l00.0 AGR-2943)PAGE
19 1 IT 1
Ii
CITY COUNCIL MINUTES November 25, 1997
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Mayor Coontz SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Resolution
No. 8848 as introduced, be adopted and same was passed and adopted by the preceding vote.
7.3 Treasurer'
s Report for the period ending October 31,1997. (C2500.F)MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved to receive and file.7.
4 Report from Director of
CommunityServiceslLibrary regarding funding for Library Remodel.Mayor Coontz announced letters
were received
from Randy Bosch and Phil Hummel regarding this issue.Mayor pro tern Slater
suggested the
City Manager report to Council on the impact taking funds from the General Fund will have
on the General Fund budget and a scale or measurement comparing that to the funds the
City got back from the Wymer settlement. Mayor Coontz commented there are a number of
issues to be addressed, suggesting they be directed to the City Manager in writing.MOTION - Murphy SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved
to continue to December 9, 1997 as requested
by the City Manager.7.5 Report from the City Attorney requesting Council
a) approve an appropriation of 150,000 to pay for current and anticipated personnel
legal services provided by the law firms of Walsworth, Franklin, Bevins & McCall; Liebert, Cassidy & Frierson;
Richards,Watson & Gershon and Scott, Reilly & Whitehead; and b) approve
Amendment No.1 to contract between the City and Liebert, Cassidy & Frierson for
representation of personnel legal matters and authorize the Mayor and City Clerk
to execute on behalf of the City.A2100.0 AGR-I042.L.l)The City Attorney
reported the appropriation is needed
due to the unexpected costs of significant personnel litigation the past year and a half,
some of which is related to the current investigations. It was noted until approximately 24 month
ago, the City Attorney's office sent T-jrlr---y ---------- - - ---PAGE 20
CITY COUNCIL MINUTES November 25, 1997
7. ADMINISTRATIVE REPORTS (Continued)
out all personnel litigation. Within the last 16 months, the City Attorney's office has handled 3
personnel litigation matters.
MOTION - Murphy SECOND -
Mayor Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to 1)
appropriate $150,000 to Account No. 100-0301-426100-9865 to pay for current and
anticipated personnel legal services provided by the law firms of Walsworth, Franklin, Bevins &
McCall; Liebert, Cassidy & Frierson; Richards, Watson & Gershon; and Scott, Reilly &
Whitehead; and 2) approve Amendment No. 1 to contract with Liebert, Cassidy & Frierson to
increase the not to exceed amount from $30,000 to $60,000 and authorize the Mayor to execute
the same.
7.6 Report from the Director of Public Works requesting Council a) appropriate funds
in the amount of $141,209.49 to Account Nos. 100-5012-
426700-4990-00106 (Consulting Services-Vista Royale)
and 600-8041-474501-0000-00106 (Transmission Distribution and Mains, Vista Royale); and b)
award Phase II of geotechnical consulting contract to AGRA Earth and Environmental, Inc. in an
amount not to exceed $120,410.00 for geotechnical services at Vista Royale and
Peralta Point developments and authorize the Mayor and City Clerk to
execute on behalf of the City. (A2l00.0 AGR-2944)The Director of Public Works
reported the City became aware of the possibility of earth movement occurring at
Vista Royale and Peralta Point developments through two claims that were filed in May and July, 1997. The City'
s goals in addressing the issue are: 1) to protect public facilities from any damage
resulting from any activity that might be occurring; 2) to identify and repair any damaged
public facilities to insure that they would continue to function effectively and would not contribute in any
way to any conditions that may exist; and 3) to advise the homeowners associations and
property owners of what had come to the City's attention and recommended
they take appropriate remedial action. It was reported to the residents of the neighborhood at
an informational meeting held by the City on November 19th that all damaged public facilities have
been repaired. New valves were installed at a major water transmission line. Residents
have retained legal counsel and are involved in litigation with former
developers in the area and have their own geotechnical consultants.In response to Council's questions, it was
reported the tract development began in the late 1970's or early 1980's. It is his understanding this
was a barrios site for the construction of the 55 Freeway. The contractors are still in
business, as they have been named by the homeowners in some lawsuits. The
City is maintaining weekly surveillance and observing tracts in various locations. The problems being
experienced in Anaheim Hills and at Santiago Canyon Road do not appear to be directly related to
what is happening
in this
area, based on the
CITY COUNCIL MINUTES November 25, 1997
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Spurgeon SECOND -
Mayor Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to appropriate
funds in the amount of$120,410.00 from unappropriated General Fund Reserves to Fund
No. 100-5012-426700-4990-00106 (General Engineering and
Development,Other Professional and Consulting Services, Vista
Royale).MOTION - Spurgeon
SECOND - Alvarez AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
appropriate funds in the amount of $20,799.49 fromunappropriated Water Fund Reserves to
Fund No. 600-8041-474501-0000-00106 (Water
Distribution, Transmission Distribution and Mains,
Vista Royale).MOTION -
Spurgeon SECOND - Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
to award contract to AGRA Earth and Environmental in an amount not to exceed 120,
410.00.MOTION -
Spurgeon SECOND - Alvarez
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to authorize the
Mayor, on behalf of the City Council, to enter into an agreement with AGRA Earth and Environmental,
Inc. for geotechnical consulting services relating to City infrastructure damage at Vista
Royale and Peralta Pointe.8.LEGAL AFFAIRS Tape
6500 8.1 ORDINANCE NO.
26-97 An Ordinance of
the City Council of the City of Orange creating Chapter 5.79 of the Orange Municipal Code
adopting the Orange County Taxi Administration Program Model Ordinance for regulation
of taxicabs. (A2500.0 Vehicles For Hire)MOTION - Spurgeon SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved that Ordinance No. 26-97
be read by title only and same was passed and adopted by the preceding vote.PAGE 22
CITY COUNCIL MINUTES November 25, 1997
8. LEGAL AFFAIRS (Continued)
8.2 ORDINANCE NO. 22-
97 An Ordinance of the City Council of the City of Orange repealing Chapter5.45 of
the Orange Municipal Code and adding a new Chapter 5.45 to the Orange Municipal
Code pertaining to filming activities. (A2500.0 Film
Making)MOTION - Slater
SECOND - Alvarez AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
Ordinance No. 22-97 be read by title only and same was passed and adopted by the preceding
vote.8.
3 ORDINANCE NO. 27-97
An Ordinance of the City Council of the City of Orange approving a Franchise Agreement
between the City of Orange and Arco PipeLine Company. (FA2100.0 AGR-
2945)MOTION - Murphy
SECOND - Slater AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
Ordinance No. 27-97 be read by title only and same was set for second reading by the
preceding vote.9.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10.
ORAL PRESENTATIONS Tape 6540 Carole
Walters, 534 N. Shaffer, stated for the record that a police officer yelled at her regarding the
issue with Police Chief Robertson wanting to know what Ms. Walters knew. Ms. Walters commented
she has a right to her opinion to support the Chief without being attacked. A formal complaint
will be filed with Acting Police Chief Richards, the District Attorney and the State Attorney
General. Ms. Walters asked the City Manager and City Attorney to look into the complaint
and requested a letter to keep the officer away from her.Barbara
DeNiro, address on file, informed the Council she is receiving threatening pornographic letters
again. The Police Department has investigated the finger prints but has been unsuccessful.The
City Attorney commented he wrote a letter to the Post Master General who is the authority to
investigate this complaint.Richard
Elgenson, 4608 E. Via Paloma, addressed the Council on illegal signs and suggested the Council
pass a law to allow staff to subpeona phone numbers of persons who distribute the signs as
well as fining these people.PAGE
23 IT
1 1
CITY COUNCIL MINUTES November 25, 1997
10. ORAL PRESENTATIONS (Continued)
The City Attorney commented a resolution is being prepared to address this issue and will be
presented to Council before February, 1998. The City Manager indicated he will make sure the
departments involved make time to take the signs down.
Chris Poysa, 226 Rosalind, addressed the McPherson Field issue and complained it took four
trips to City Hall, Community Services Department, to receive all the revised agreements on this
issue. Ms. Poysa felt the City tried to cram everything into one location rather than looking at
the entire area to see how many different schools can use a little benefit from these funds.
The City Manager commented this was a very complicated matter. The agreement was revised
by the school board many times before it was presented at their meeting. The subject agreement
still has to be reviewed and ratified by the Council.
Adele Graves, address on file, complained she received a parking ticket and her car was not
parked at the location at the time the ticket indicated. Also, Ms. Graves submitted a formal
complaint against the same police officer that attacked Ms. Walters. Ms. Graves felt this police
officer became volatile to her.
The City Manager asked Ms. Graves to make a copy of the ticket and he will turn it over to the
Acting Police Chiefto investigate.
Shannon Tucker, 556 E. Culver, commented on suppressing information that is coming out of
City Hall, and reminded the Council and City Manager they are working for the citizens. Ms.
Tucker questioned the credibility of the process because the burden of proof is with the accuser,
the City of Orange. She further commented she was the victim of hostile actions, being called a
traitor, by a city employee.
11. RECESS
The City Council recessed at 5 :45 p.m. to Closed Session to discuss Item a:
a. Public employee discipline, release and dismissal pursuant to Government Code Section
54957.
NOTE: The remaining items were discussed in Closed Session after the 7:00 p.m. Session.
b. Conference with Legal Counsel - anticipated litigation. Significant exposure to litigation pursuant
to Government Code Section 54956.9(b) (one potential case). Contracts with ODS/
ORRS.c.
Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation. Theresa
Ann Jones vs. City of Orange, et aI., Orange county Superior Court Case No. 78
13 95 d. Conference
with Real Property Negotiator pursuant to Government Code Section 54956.8.Property: 345
E. Chapman Avenue and 132 North Center St.; Negotiating Parties: City of Orange and
Bank of America, NT&SA; Under Negotiation: Price and terms of payment.e. Employee
appointment pursuant to Government Code Section 54957: Fire Chief.PAGE 24
CITY COUNCIL MINUTES November 25, 1997
11. RECESS (Continued)
f. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12.1 INVOCATION
Bishop Mark Redman, Church of Jesus Christ of Latter Day Saints
12.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Alvarez
12.3 ANNOUNCEMENTS - None 12.
4 INTRODUCTIONS - None 12.5
PROCLAMATIONS - None 12.6 PRESENTATIONS
A check in
the amount of $79,694.73 was presented to the City for services at the 1997 Orange International Street Fair
by Michael Damon, President and Gladys Brown, Treasurer.13.PUBLIC HEARINGS
Tape 700 13.1 ZONE
CHANGE 1188-97; MINOR SITE PLAN REVIEW 40-97; CHAPMAN UNIVERSITY
Time
set for a public hearing to consider a request to rezone a 6,200 square foot parcel from R2-6
Residential Duplex, minimum lot size 6,000 square feet) to C-1 (Limited Business District)
to enable use of the existing residential structures for office use; and a Minor Site Plan Review
40-97 to convert the residential structure to an office
use.The site is located on the north side of Sycamore Avenue, 50 ft. east of Glassell
Street,immediately adjacent to the University's new Orange Street parking lot, addressed 121 and
123 E. Sycamore Avenue. (ZI500.0
ZCG-1188-97)NOTE: Negative Declaration 1528-97 has been prepared to
evaluate the environmental
impacts of this project.The Director of Community Development gave the
presentation. The Planning Commission recommended
approval of the project.MAYOR COONTZ
OPENED THE
PUBLIC HEARING.PAGE 25 I
CITY COUNCIL MINUTES November 25, 1997
13. PUBLIC HEARINGS (Continued)
Bob Mickelson, P. O. Box 932, Orange, representing the applicant, was present to answer any
questions by the Council.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
MOTION
SECOND
AYES
Murphy Slater
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Approved Negative Declaration
1528-97.MOTION SECOND
AYES
Murphy
Slater
Murphy, Slater,
Mayor Coontz,
Spurgeon, Alvarez Approved Zone Change 1188-97,
as outlined in Planning Commission Resolution PC 33-97.MOTION SECOND AYES
Murphy
Slater
Murphy,
Slater, Mayor
Coontz, Spurgeon,
Alvarez Approved Minor Site Plan Review 40-
97 as outlined in Planning Commission Resolution No.PC-34-97.13.2
ZONE
CHANGE 1190-97; VARIANCE NO. 2035-97; GARY MEAD (P. J's DEPOT
EXPRESS)Time
set for a public hearing to consider a proposal to rezone property to allow commercial use,and
to establish a retail food service from part of an industrial building by amending the Santa Fe Depot
Specific Plan by changing a portion of the Land Use Map from Public Facilities to Santa Fe
Depot Area Commercial per Orange Municipal Code Section 17.10.020; and Variance No.2035-
97 to waive the City's requirement for additional parking spaces and to allow fencing over
42 inches high in a required yard, per OMC Section 17.10.040. The property is located at 190 N.
Cypress. (Z1500.0 ZCG-
1190-97)NOTE: Negative Declaration 1529-97 has been prepared to evaluate
the environmental impacts
of this project.The Director of Community Development reported the property is surrounded
by industrial and commercial uses. To the west ofthe subject property is the Orange
Transportation Center which includes the OCT A Bus Transfer Station and the Metrolink Stop as well as
the old Orange Depot. To the south are additional commercial/industrial properties. The property
is within the Santa Fe Depot Area Specific Plan and is currently designated as a Public Facility.
It is operated by Mr. Mead as a industrial business. The request would allow Mr. Mead to
convert a small T!
d
I 11--- -----------
CITY COUNCIL MINUTES November 25, 1997
13. PUBLIC HEARINGS (Continued)
portion of the rear industrial building to a small convenience market, approximately 400 sq. ft. It
is envisioned to be visited by people waiting for the buses and trains. There is parking onsite
which provides the needed amount of parking spaces for the existing use. The Planning
Commission recommended approval ofthe project.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Speaking in favor:
Gary Mead, applicant, informed the Council this will be a package store similar to a convenience
operation where there would be sodas, candy bars, newspapers, etc. This store will access the
approximate 700 people that ride the bus and train every day and come through the corridor.
The following people expressed their concerns regarding not enough parking:
Carole Walters, address on file
Barbara DeNiro, address on file
In response to Barbara DeNiro's questions, the Director of Community Development reported
there are a total of 18 parking spaces provided. The Zoning Ordinance requires approximately
21 spaces which is not a huge difference. This is a pedestrian transit type of business which is
unlike anything that is now in the City of Orange. Fencing is needed to secure the facility at this
time.
The Assistant Director of Economic Development responded the Redevelopment Agency has
worked with Mr. Mead on two other projects which generated additional income for the City.
Mayor Coontz and Mayor pro tern Slater commented that Mr. Mead has worked very hard to
improve the business climate and environment with the businesses he has developed in Old
Towne. Mr. Mead was complimented on the improvements he has made to the subject location.
THERE BEING NO FURTHER COMMENTS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
MOTION
SECOND
AYES
Slater Alvarez
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Approved Negative Declaration
1529-97.MOTION SECOND
AYES
Slater
Coontz
Murphy, Slater,
Mayor Coontz,
Spurgeon, Alvarez Approved Zone Change 1190-97,
as outlined in Planning Commission Resolution PC 43-97.PAGE 27
CITY COUNCIL MINUTES November 25, 1997
13. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
Slater Mayor
Coontz Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Approved Variance 2035-
97, as outlined in Planning Commission Resolution PC 44-97.13.
3 ORDINANCE AMENDMENT 3-97, CITY OF ORANGE
Time set for a public hearing to consider a proposal to amend certain provisions of Title 17 _
Zoning Ordinance of the Orange Municipal Code pertaining to fencing, roof mounted equipment,
paving of front yard areas in residential districts, rock crushing equipment, and accessory
structures. (A2500.0 Zoning Ordinance)
NOTE: This project is categorically exempt from the provisions ofthe California Environmental
Quality Act (CEQA) per Section 15303 of the State CEQA Guidelines.
The Director of Community Development reviewed the following items included in the proposal:
Perimeter Walls surrounding a tract and adjacent to a public street - this provision will require a uniformity
in design and require they be maintained that way into the future either by a homeowner
association or individual property owners.Prohibits
barbed wire in commercial and residential zones, except for public utility facilities.Prohibits
use of chain link fencing in commercial zones, in areas between streets and buildings.Limits
the hard surface in residential front yard areas to 60% maximum includes the area between
the street right-of-way and residential
structure.Satellite dishes and other mechanical equipment - distinguishes between satellite dishes over 20
inches in diameter.
Rock crushers - require a conditional use permit.Definition
for accessory structures in terms of plumbing facilities that are allowed.Add
CR Zone to the list of zones which allow alcoholic beverage related uses within the City by conditional
use permit.The
Planning Commission recommended approval.Mayor
Coontz asked about the perimeter wall in a situation when the wall comes down at a tract site
and never is put back up, rather a string is pulled across instead.The
Director of Community Development indicated this proposal would give staff a tool to discuss
with the owners to make sure there is conformity around the entire tract.MAYOR
COONTZ OPENED THE PUBLIC HEARING.11 ~-- ------------.--
PAGE
28
CITY COUNCIL MINUTES November 25, 1997
13. PUBLIC HEARINGS (Continued)
Barbara DeNiro, address on file, expressed the following concerns: Except in historical areas, if
some of these restrictive recommendations could be a legal challenge in the rest ofthe City,
perhaps the satellite or antennas; and having problems backing out into the street, there can no
longer be a circular driveway.
The Director of Community Development commented 60% of hard surface in the front yard is
generous, and would allow a circular driveway in most situations. Satellite dishes are governed
by Federal Communication Standards as well as the City's local ordinance. Staffhas checked
with the FCC and other cities to keep this proposed standard consistent with other communities.
Any large satellite dish that meets the code is fine.
In response to Councilman Murphy, the Director of Community Development indicated the
proposed amendment included screening of all roof mounted equipment which includes air
conditioning units.
THERE BEING NO FURTHER COMMENTS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
MOTION
SECOND
AYES
Murphy Slater
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved that this
project is categorically exempt from the provisions of the California Environmental Quality Act (
CEQA) per Section 15303 of the State CEQA Guidelines.MOTION SECOND AYES
Murphy
Slater
Murphy,
Slater, Mayor
Coontz, Spurgeon,
Alvarez Moved to approve Ordinance Amendment 3-
97 as outlined in Planning Commission Resolution No. PC 31-97.13.
4 JOINT PUBLIC
HEARING, ANNUAL MEETING OF THE REDEVELOPMENT AGENCY Time set for
a
joint public hearing with the Orange Redevelopment Agency to consider the Agency's Annual Report
for Fiscal Year 1996-97. (R3500.0)The Assistant Director
of the Redevelopment Agency reported the Annual Report includes a copy of the
Agency's Audit. Increment in the three project areas does not yet reflect the turn-around in the
increase, development and occupancy throughout the City and County. This is evident in the
Southwest Project Area which had revenues that declined again this year. This also does not
reflect the redevelopment of the Country Side Inn, the City Shopping Center and all the improvements made
by the new owner of the office buildings surrounding the City.PAGE 29 I
IT I'
II
CITY COUNCIL MINUTES November 25, 1997
13. PUBLIC HEARINGS (Continued)
MAYOR COONTZ OPENED THE JOINT PUBLIC HEARING. THERE BEING NO
SPEAKERS, MAYOR COONTZ CLOSED THE JOINT PUBLIC HEARING.
RESOLUTION NO. 8842
A Resolution of the City Council of the City of Orange receiving and authorizing the filing of the
Annual Report of the Orange Redevelopment Agency.
MOTION
SECOND
AYES
Coontz Murphy
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved that Resolution
No. 8842, as introduced, be adopted and same was passed and adopted by the preceding vote.
13.5 TRANSPORTATION
SYSTEM IMPROVEMENT PROGRAM, CITY OF ORANGE Time set
for
a public hearing to consider the adoption of a resolution updating the fee structure for the City'
s Transportation System Improvement Program. The fee is assessed against new development projects in
the City for the purpose of funding transportation system improvements throughout the City. (
A2500.0 Transportation Systems Improvement Program).The Director of
Public Works reported an adjustment in the rates adopted by Council on March,1996 in order
to maintain the level of funding necessary to complete the projects that are within the Capital Improvement
Program is being proposed. In Area B, approximately 45% of the cost of the projects
are recovered from TSIP fees and in Area C, approximately 48% are recovered.The total estimated
cost before adjustment of the program is $180,579,000 of which approximately under $100,
000 would be paid by the TSIP fees. The Construction Cost Index has increased by 4.
7% and staff is recommending that be applied in accordance with the guidelines for cost adjustments
adopted by Council in 1996. Additionally, in Area A, a rate for residential use be added.
There is the potential now for mixed use development in the Town and Country Area for a
residential type of use. That amount is $524.00 per unit.Councilman Alvarez asked
if the fee is not increased, could the City still meet requirements in terms of street
improvements or is the increase being proposed because the adjustment is there to take.The Director
of
Public Works commented the adjustment is based on the increased cost of construction for the
projects within the program. If construction costs were to drop, staff would return to Council
with a recommendation for reduction. The intent is to project 13 years into the future to have
a sufficient revenue stream that will assure the projects can be completed.PAGE 30 1-
1 It
1 J II --- ____u_ --
CITY COUNCIL MINUTES November 25, 1997
13. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 8822
A Resolution of the City Council of the City of Orange updating fees for the Transportation
System Improvement Program (TSIP).
MOTION
SECOND
AYES
NOES
Mayor Coontz Spurgeon
Murphy, Slater,
Mayor Coontz, Spurgeon Alvarez Moved that
Resolution No.
8822, as introduced, be adopted and same was passed and adopted by the preceding vote.14.
PLANNING AND ENVIRONMENT -
None 15. ORAL PRESENTATIONS - None RECESS
The City Council recessed at
9:
56 p.m. to a Closed Session to consider the remaining items as outlined on Page 25.RECONVENE The
City Council reconvened from
Closed
Session at 10:30 p.m. to announce they unanimously approved the City Manager's recommendation
to appoint Vince Bonacker as Fire Chief.16. ADJOURNMENT MOTION - Mayor Coontz SECOND -
Murphy AYES -
Murphy, Slater, Mayor Coontz,
Spurgeon, Alvarez The
City Council adjourned at 10:30 p.m.
AAJAt~.4d CASSANDRA J6Z'ATHCART, CMC CITY CLERK PAGE
31 I [
I 11 Ii