02-13-1996 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
FEBRUARY 13, 1996
The City Council of the City of Orange, California convened on February 13, 1996 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 Mark Murphy
1.2 ROLL CALL
PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT -
None 1.3
APPROVAL OF MINUTES Regular Meeting -
January 23, 1996 MOTION - Barrera SECOND -
Spurgeon AYES - Murphy,
Barrera, Mayor Coontz,
Spurgeon, Slater ACTION: Approved.1.4 PRESENTA TIONSI
ANNOUNCEMENTSI INTRODUCTIONS
a. Rusty Bourn representing Orange Youth
Football Program presented the Department of Community Services with a plaque
ofappreciation.b. Update from Michelle Gregory and
Sandy Strait regarding recognition and support of Army Bravo Company in Bosnia. Mayor
Coontz explained that representatives in this effort were unable to attend the
Council meeting. Councilmembers attended a recent function to prepare packages to send
to Bravo Company. Many groups are becoming involved with this program and the
next mailing will be in March. Councilman Spurgeon commented on the importance of supporting
U. S. troops in Bosnia. (C3500.0)c. Pierce Lyden, Western Movie Actor,
who recently received a star on the Walk of Stars in Palm Springs, was recognized for
his achievements.d. Interim The Economic Development Director
reported on the status ofTRW. TRW,Inc., is valued at $10 billion,
with its main businesses being aerospace and automotive. A small part ofTRW, Inc., is TRW
Information Systems and Services headquartered in Orange. TRW Information Systems and Services
needed additional capital to expand and become more profitable. TRW Information Systems
and Services has broken off and formed a new corporation purchased by
an investment bank. Nothing will change other than the shareholders and Bpard of
Directors. The agreement made with the PAGE 1
CITY COUNCIL MINUTES FEBRUARY 13, 1996
1.4 PRESENTA TIONS/ANNOUNCEMENTS/INTRODUCTIONS (Continued)
Redevelopment Agency in 1993 for TRW Information Systems and Services to remain in
the City and maintain an employee level will be honored. Currently, there is a purchase
contract and a six-month period of due diligence. Agency attorneys will review
closing information to verify that data received is
correct.1.5
PROCLAMATIONS A Proclamation honoring Regional Occupation Program, Career Preparation
Day,February 14,1996, was presented to ExemplaryROP Student, Melissa
Bailey.2.CONSENT CALENDAR TAPE NO.
611 The items on the Consent Calendar will be acted upon by one roll call vote
unless members of the City Council, staff or the public request the item to be discussedand/
or removed from the Consent Calendar for separate
action.2.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of February 13, 1996 at Orange Civic Center, Main Library,
Police facility at 1107 North Batavia and the Eisenhower Park Bulletin Board; 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.APPROVE
WARRANTS 2.2 Request Council confirmation of warrant registers dated January 23 and 26,
1996.ACTION:
Approved.AGREEMENTSffiID~
CONTRACTS2.3 Request Council award a contract for street cut repair in an amount not to exceed $67,
000 as budgeted for fiscal year 1995-96 to Hardy & Harper Inc. of 630
South Hathaway Street, Santa Ana, CA 92705. Bid No. 956-18,
Asphalt Concrete Pavement Replacement. (A21oo.
0.AGr.2542)FISCAL IMP ACT: Funds are budgeted in
the following accounts:271-5021-
427100 $ 7,000 (Contractual
Services)600-8041-474501 $ 60,000 (Water)ACTION: Authorized the Mayor and City Clerk
toexecute on behalf of the City.2.4 Request Council approve plans and
specifications, and authorize advertising for bids for the Washington Avenue Street Reconstruction -
Orange to Center - Harwood to Cambridge. The estimated project cost is $
172,800. (
CITY COUNCIL MINUTES FEBRUARY 13, 1996
2. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Community Development Block Grant funds are avai1able in Account
Numbers: 310-6058-483300-3299-16105
and 310-
6058-483300-
3299-16106 - amount 173,712.ACTION: Approved.2.5 Request Council approve a Cooperation Agreement
with the City of Anaheim for the construction of the Orangewood Avenue
Undercrossing at the 1-5 Freeway and the widening of Orangewood Avenue
to Master Plan width adjacent to the undercrossing.The total cost of the improvements for the two
cities is estimated to be $769,950. The City of Orange's share is $384,925.
00. Total project cost
is about $9 million.A2100.0.Agr.2543)FISCAL IMPACT: Anaheim estimates
that local funds
will be
needed as
follows:FISCAL
YEAR AMOUNT 1996/
97 1997/
98 1998/
99 TOTAL $
384,925 54,999 219,984 109.992 Funds sufficient to cover these costs
have been projected in the Seven Year Capital Improvement Program for Fiscal Years
1996/97 and 1997/98. Funds have been appropriated in the 1995/96 Capital
Improvement Program for the City's share of consultant costs in
conjunction with the 1-5 North Project Steering Committee.ACTION: Authorized the Mayor and
City Clerk to execute on behalf of the City.2.6 Request Council award a contract
for curb, gutter, sidewalk and pavement repair in an amount not to exceed $65,000 as
budgeted for fiscal year 1995/96 to Chino Construction Inc., 5642 Schaefer
Avenue, Chino, CA 91710.
Bid No. 956-19, Concrete Replacement.A2100.0.Agr. 2544)
FISCAL IMP ACT: Funds are
budgeted in the following
accounts:271-5021-427100 $60,000 (Contractual Services)600-8041-474501 $ 5,000 (Water)
ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City.2.7 Request Council
award Bid No. 956-23, Recoating of the interior of the 5.0 million gallon
steel Reservoir No.2, to the low bidder, Robison
Prezioso, Inc., of Stanton, California, in the amount of$321,loo. (A21oo.
0.Agr.2545)FISCAL IMP
ACT: Sufficient funds have been
allocated in
CITY COUNCIL MINUTES FEBRUARY 13, 1996
2. CONSENT CALENDAR (Continued)
ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City.
2.8 Request Council authorize the staff to advertiseto receive bids for construction work to
renew water mains on Palmyra Street east of Tustin and on Oak Street north of Palmyra.
Bid No. 956-15. Engineer's Cost is estimated at $130,000. (C2500.
P)FISCAL IMPACT: Sufficient funds have been allocated in Account No.
310-6085-474501-1812 - WaterLine Replacement Grant
No. B-
95-MC-06-0507.ACTION: Approved.2.9 Request Council approve a final change order in the amount of $3
1,797 for increase in the contract quantities at contract unit prices as well as
work done beyond the scope of original contract as extra work. Bid No. 945-
14, City of Tustin Assessment District No.86-02, Jamboree Road Medians and
Slopes. (A2JOO.0.Agr.2382 - Pima Corp.)FISCAL
IMPACT: Funds are budgeted
in Account
550-5011-483300-3215-
00212 Accounts Receivable-City of Tustin).ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.10 Request
Council approve a contract with Mr. Jerry Haag, Urban Planner, to
provide support during processing of the Mills Project. (A2100.0.Agr.2546)FISCAL IMPACT:
Development application fees will pay all
costs of this contract in an amount not to exceed $15,000.Mayor
Coontz indicated a question was received from Barbara DeNiro,
1118 E. Adams,who inquired about Mr. Haag's background and
status.The Community Development Director indicated that Mr. Haag will provide services dealing specifically
with the Mills Project. Mr. Haag is an experienced planner and will work as needed. He has
worked with
other cities and
assisted the City
of Ontario on its Mills Project.MOTION - Murphy
SECOND - Slater AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Authorized the City Manager
to execute the contract on behalf of the City.2.11 Request Council award Bid
No. 956-22 to Viking Equipment Corporation, P. O. Box 251257 Glendale, CA 91225, in
the amount of $7,400 for the demolition and right-
of-way
CITY COUNCIL MINUTES FEBRUARY 13, 1996
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds are budgeted in Account No. 262-
5011-483300-
3227 Measure M).ACTION: Authorized Mayor and City Clerk to execute on behalf
of
the City.APPROPRIATIONS 2.12 Request Council appropriate $1,552.35 from the Library Rental
Book Revenue Account No. 100-2011-252100-9987 to
Rental Book Account No. 100-
2001-443101-9987 to purchase rental materials. (C25oo.I)FISCAL IMP ACT: None
since the Council authorized the revenue generated
from this
collection to
be used to sustain
it.ACTION: Approved.BUSINESS SIGNS REMOVED AND HEARD SEPARATELY)2.13
Request Council authorize the Community Development Director to administratively approve and document business
sign changes on North Glassell Street resulting
from the recent Tom Hanks' filming. (C25oo.G.3)FISCAL IMPACT: Approximately $
100.00 in staff time; no permit fees collected.Mayor Coontz indicated a
question was received from
Barbara DeNiro, 1118 E. Adams,who asked for explanation.The Community Development
Director indicated this action was follow-up to filming in December in which some signs
were removed and now have been replaced. There is a need to inspect the signs to
ensure they have been hung properly and safely in accordance with the Uniform Building
Code.
It would be
more productive to
handle these items administratively.MOTION - Murphy SECOND - Barrera
AYES - Murphy,
Barrera,
CITY COUNCIL MINUTES FEBRUARY 13, 1996
2. CONSENT CALENDAR (Continued)
CLAIMS
REMOVED AND HEARD SEP ARATEL Y)
2.14 CLAIMS FOR DAMAGES: (C3200.0)
a. George Perez
b. Medix Ambulance Service, Inc.
c. Michael Dimas
d. Joanna Dimas
e. Patricia A. Niedfelt
FISCAL IMP ACT: None.
Mayor Coontz recognized the following speaker: Bob Bennyhoff, 10642 Morada Dr.,
requested explanation of the Medix Ambulance Service, Inc., Michael and Joanna Dimas
claims.
The City Attorney indicated that these are claims which are preliminary to a lawsuit.
Medix claims that it was damaged resulting from the City responding to emergency calls
with City-operated ambulances. The City Attorney indicated that Careline had filed
a lawsuit in Superior Court, the preliminary injunction was denied and the case
dismissed.MOTION - Spurgeon
SECOND - Slater AYES -
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Denied
claims and referred to City Attorney and Adjuster.FUND TRANSFER
2.15
Request Council approve the transfer of $30,000 within the appropriate accounts to increase the
appropriation for the City's Clean Air Act funded Signal Synchronization Project as
follows: (S4000.S.3.3)From Account
No. 245-5031-486700-6098 (Shuttle Service Feasibility Study) to
245-5032-485100-6097 (
Signal Synchronization Project).FISCAL IMP ACT: This recommendation does not impact the City'
s General
Fund.ACTION:
Approved.GRANT REBATE 2.16 Request Council approve a Homeowner Participation Program Grant
and authorize the Finance Department to prepare a Warrant in the amount of $2000. (C2500.G.
1.3.
CITY COUNCIL MINUTES FEBRUARY 13, 1996
2. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Sufficient funds are budgeted in Homeowner Participation Program
Account No. 316-6053-427800-1221.
Case No.
604.
ACTION: Approved.PERMITS 2.17 Request Council approve Fat Man Productions request to close the Plaza
to display 400 classic automobiles on April 14, 1996 from 9:00 a.m. to 4:00 p.m. (
p1300.0.9)FISCAL IMP ACT: Adequate deposits will be made for security and clean-
up
prior to
the
event.ACTION: Approved.RESOLUTIONS 2.
18 RESOLUTION NO. 8577 A Resolution of the City Council of the City of Orange
upholding the recommendation of the Planning Commission of the City of Orange and approving
the Bikeways
Master Plan.B5000.0)
General Plan Amendment
3-95
Bikeways Master Plan.ACTION: Approved.
2.19 RESOLUTION NO. 8580 A Resolution of the City Council of the City of
Orange approving Lot Line Adjustment LL 95-13 adjusting a Lot Line of certain real property situated at
Lots 11 and 18 of
Tract 6937. (C2500.M.16.I)Owners: Daniel
Dziak & Karen
Mansfield, & Joseph A. Ferlauto.ACTION:
Approved.2.20 RESOLUTION NO. 8581 A Resolution of the City Council of the City
of Orange overruling the recommendation of the Planning Commission of the City of Orange and
Granting a Conditional Use Permit to allow a used car sales facility upon property
situated at
1925 North
Tustin
Street.
CITY COUNCIL MINUTES FEBRUARY 13, 1996
2. CONSENT CALENDAR (Continued)
Conditional Use Permit 2127-
95 Enterprise
Rent-A-
Car ACTION: Approved.2.21
RESOLUTION NO. 8582 A Resolution of the City Council of the City of Orange overruling
the recommendation of the Planning Commission of the City of Orange and granting a Variance to
allow a used car facility without providing a minimum 2,000 square foot showroom, 1,
600 square foot service and repair facility or 15 foot front yard
setback. (V1300.0)Variance No. 2002-
95 - Enterprise
Rent-A-Car ACTION:
Approved.REMOVED AND HEARD SEPARATELY)
2.22 RESOLUTION NO. 8584 A Resolution of the City Council of the City of Orange
supporting the proposed City of Anaheim INS
Identification Pilot Project. (C2500.K)The Police Chief indicated that an Anaheim Police Officer had
been shot recently by an illegal alien who had come through their jail. There
was no capability ofidentifYing the prisoner's status. Anaheim has requested that an INS Agent be
assigned to their jail with an INS computer to provide information on illegal status. This will
be a pilot program and is strongly supported by the Orange Police Department. In a
recent meeting with the INS,the Orange Police Department requested an agent to deal
with illegals involved
in violent crime
and gangs.MOTION -
Murphy SECOND - Barrera AYES - Murphy, Barrera, Mayor Coontz,
Spurgeon, Slater
ACTION: Approved.2.23 RESOLUTION
NO. 8585 A Resolution of the City Council of the City of Orange establishing 'No
Stopping' zones on Crawford Canyon Road and Cannon Street. (S4000.S.3.
1.l)
ACTION:
Approved.
CITY COUNCIL MINUTES FEBRUARY 13, 1996
2. CONSENT CALENDAR (Continued)
2.24 RESOLUTION NO. 8586
A Resolution of the City Council of the City of Orange approving an application for 1996-
98 Grant Funds from the California Used Oil Opportunity Grant Program to expand
existing programs for collection of used motor oil and education of residents.
C2500.M.1.l)
ACTION: Approved.
2.25 RESOLUTION NO. 8587
A Resolution of the City Council of the City of Orange making certain findings in
connection with the approval by the Orange Redevelopment Agency of an Owner
Participation Agreement by and between the Orange Redevelopment Agency and K&D
Investments, Inc. (A2IOO.0.Agr.2549)
ACTION: Approved.
REMOVED AND HEARD SEPARATELY)
2.26 RESOLUTION NO. 8588
A Resolution of the City Council of the City of Orange amending the Fiscal Year 95-
96 Budget, approving the reinstatement of the classification of Assistant to the CityManagerRange480 $3908 - $501 I), and upgrading a part-time Secretary position (position
No.1718; Range 364 $2191 - $2810) to full-time status; and further more, directing staff
to amend the Position Control System to reflect these changes. (C2500.
E)The Personnel Director indicated that a position was. created as the result of the
former Assistant City Manager's retirement. Currently, the staffing level in the City Manager'
s office is inadequate. The classification of Assistant to the City Manager will be twostepsbelowthatofAssistantCity
Manager.MOTION - Spurgeon
SECOND - Slater AYES -
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.
MOTION - Spurgeon
SECOND - Barrera AYES -
Murphy, Barrera, Mayor
Coontz, Spurgeon, Slater Items 2.10,2.13,
2.14, 2.22, and 2.26 were removed and heard separately; all other items on the Consent Calendar were
approved as recommended.END OF CONSENT CALENDAR PAGE
9 I -~__u
CITY COUNCIL MINUTES
3.REPORTS FROM MAYOR COONTZ
FEBRUARY 13, 1996
TAPE NO. 1067
3.1 Report on Measure S which opposes the use of the El Toro Marine Base as a regional
airport. (OC1300.D.5)
Mayor Coontz indicated that voters in the City passed Measure A supporting an airport at EI
Toro. The quality of services provided to citizens is greatly dependent upon the economic
successes of the City and County and the economic future of the County will depend upon the
outcome of the EI Toro airport. Measure S eliminates the planning document provided byMeasureA; eliminates many benefits citizens of Orange are in favor of; and includes wordingwhichwouldeliminateanyfutureairportatElToro. A letter has been received from Citizens for
Jobs and the Economy urging a no vote on Measure S.
Councilman Spurgeon indicated that Measure A provisions were recently upheld by the San
Diego Superior Court. If Measure S passes it could create legal and planning turmoil.
Councilman Murphy concurred with opposition to Measure S. He felt there would be lost
opportunity for the County to increase tourism and be competitive in the Pacific Rim.
Mayor Coontz recognized the following speakers:
Bob Bennyhoff, 10642 Morada Dr., stated his position was neutral. He supports Measure S but
felt ifEl Toro was located in Tustin, residents of Orange might feel the same as South Countyresidents. He expressed the following concerns: air cargo is an all-night operation; El ToromightbecomelikeLAX; there would be noise problems associated with use of the north-south runway;and there would be increased traffic because Orange is a main access to
the airport.Carole Walters, 534 N. Shaffer, agreed with Mr. Bennyhoff and asked if the airport was
for the benefit of citizens or George Argyros
and developers.RESOLUTION
NO. 8583 A Resolution of the City Council of the City of Orange supporting the opposition of
Measure
S.
MOTION
SECOND AYES
Spurgeon Coontz
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That
Resolution No. 8583 as introduced be adopted, and same was passed and adopted by the preceding
vote.4.
REPORTS FROM COUNCILMEMBERS - None PAGE 10
CITY COUNCIL MINUTES FEBRUARY 13, 1996
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
5.1 Re-appoint Mayor pro tem Fred Barrera to the Orange County Vector Control District;
term beginning January 1,1996 to December 31,1997. (ORI800.0.3.
20)Mayor Coontz indicated a question was received from Barbara DeNiro, 1118 E. Adams,
who asked about the appointment extending past Mayor pro tem Barrera's term of office.
Mayor Coontz indicated a letter was received from Orange County Vector Control requesting
that Mayor pro tem Barrera be reappointed. He can resign at the end of his elected term and
the Council will appoint another
member.
MOTION
SECOND
AYES
ABSTAIN Spurgeon
Murphy Murphy,
Mayor Coontz, Spurgeon, Slater Barrera Moved
to approve
reappointment.6.ADMINISTRATIVE REPORTS
TAPE NO. 1450 6.1 Report
from the City Attorney regarding the proposed joint settlement agreement as it relates to the Orange
County Bankruptcy. (Continued from January 23, 1996.)The Assistant City
Attorney presented a brief status report. At a recent meeting of all pool participants, additional information
was received relative to the joint settlement agreement and the County's plan
of adjustment. There was significant new information presented which needs to be reviewed. All execution
pages of the agreement are requested to be submitted to the County by March 1.The
City Manager
indicated that changes are favorable to the City and upon completion of summarization it will
have more cash flow. A continuance was recommended in order to allow sufficient time for
review and consideration.MOTION SECOND AYES
Barrera
Murphy
Murphy,
Barrera, Mayor
Coontz,
Spurgeon, Slater Moved to continue this item
to the Council meeting of February 27, 1996.6.2 Report from the
City Attorney regarding staff's proposal for the administration of cable television franchise agreements. Cable television
franchise contract administration will be made a part of the City's
administrative manual. (C2500.A.l)The City Attorney indicated that
procedures to monitor and administer the cable television contract will be made part
of the City's administrative manual upon receipt and filing of the report.PAGE 11 1----
CITY COUNCIL MINUTES FEBRUARY 13, 1996
6. ADMINISTRATIVE REPORTS (Continued)
MOTION
SECOND
AYES
Spurgeon Murphy
Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to
receive and file.7. REPORTS
FROM CITY MANAGER - None 8.LEGAL AFFAIRS
TAPE NO. 1623 8.1 ORDINANCE
NO. 3-96 An Ordinance
of the City Council of the City of Orange adding Chapter 8.06 to the Orange Municipal Code
relating to the abatement of unattended shopping carts. (A2500.0)The Police
Chief reported the Mayor and the ad hoc committee have been trying to resolve the shopping cart
problem in the City for several years. The goal is to eliminate .grocery carts from the neighborhoods,
but it is a very difficult problem and will take time. The proposed ordinance will allow
management of this problem. The grocery industry has indicated that within a 60 day period in
the City of Orange approximately 5,813 carts were retrieved.Police Lieutenant
Gustafson gave an overview of the proposed ordinance. The key aspects are:allows the
City to seize abandoned shopping carts off public property and private property; which the City
must give 48 hours notice to the owner and tag the shopping cart stating the shopping cart owner
is liable for the City's removal costs; upon removal the City shall send a notice to the owner containing
information that the cart was impounded and how the owner can retrieve the cart and
pay the administration costs; allows for the owner to have a hearing with the City if the owner felt
the cart was seized improperly; carts will be returned to the owner within 90 days upon payment of
the City's administrative cost after the hearing. If the hearing is requested, it shall be held within
30 days of request; the City shall have the burden of proving the impound was valid under this
ordinance; if the City fails to prove its case the shopping cart shall be returned to the owner without
payment of City's costs; retrieval from the City is the responsibility of the owner;carts not
retrieved within the 90 day period of removal shall be sold at auction, destroyed or sold at salvage;
a business plan is required that have an excess of 10 shopping carts, requiring an implementation or
retrieval plan to abate the problem on the part of the businesses and shall be submitted to
the City within 72 hours of the City's request; business will have to post signage indicating it
is a crime to remove the carts from the store lot.There are
enforcement sections contained in the ordinance. All business carts will be required to have identification
information. These sections will not be in place until a study is conducted regarding the
administrative costs incurred for this program.Two letters
were received from the California Grocers Association, Beth Beeman, requesting the preamble suggesting
that retrieval programs are unsuccessful be deleted from the proposed ordinance. Also,
they would like to see that stores receive immunity from the impoundment PAGE 12
CITY COUNCIL MINUTES FEBRUARY 13, 1996
8. LEGAL AFFAIRS (Continued)
ordinance if they have a business plan for the retrieval of the shopping carts. Lt. Gustafson
commented that 50% of the carts that are seized off the street are owned by the grocers who have
cart retrieval service in place. Ms. Beeman further requested that entry onto private property
should only be done at the request of the property owner. Lt Gustafson commented the City
would in certain cases, however in an apartment complex or available to the public such as a front
yard the City would not. The Grocery Association also requested 48 hours notice on removal
from public properties. The City's concern is that the ordinance is designed toward removingthosecartsthatposeanaccessproblemonthesidewalksoradangertomotrisitinthestreet. For
carts outside these parameters could be negotiate a time period reasonable for both parties could
be negotiated.
Ms. Beeman also requested that a notice be mailed to the cart owner as opposed to telephoning.
Lt. Gustafson felt this was overly burdensome and expensive. It was also asked that the hearing
officer, the Director of Community Development, be changed to someone else since Community
Development was part of the process of impounding the carts. Lt. Gustafson commented it
would be difficult for the Director of Community Development to reverse the decision that one of
his employees has made to seize the cart. The concern is mitigated as long as the employees
involved in the seizure do not communicate the circumstances prior to the hearing.
Lt. Gustafson reviewed the second letter by Ms. Beeman which focused on the businesses that
have carts and the regulations set forth in the proposed ordinance.
The City Attorney commented other City ordinances were reviewed as well as State law and this
proposed ordinance is legally defensible.
Mayor Coontz recognized the following people who spoke in opposition:
Beth Beeman, 300 W. Broadway, #370, Long Beach, representing the California Grocery
Association and representing stores that do business in the City of Orange
James Cronin, 22523 E. Cello Dr., Diamond Bar, representing J & J Cart Recovery Service for
Stater Brothers
David Ramirez, 21700 Bartan Rd., Colton, representing Stater Brothers
oW. R. Bill MacAloney, 401 N. East St., Anaheim, representing Jacks Markets
Peggy Roberts, 215 S. Barkley
Their concerns were expressed as follows:
This ordinance does not work and will make the grocers job more difficult as they try to provide
a service to their customers and cannot do without carts.
They will be competing with the City to pick up the carts.
Encourage the City to implement a 48 hour notice. This has worked in Corona and Banning.
Over the last six months a tally has been taken on the markets on Tustin Street and the numbers
are coming down because of store compliance.
This ordinance is a way for the City to get more revenue.
Customers should get cited.
PAGE 13
CITY COUNCIL MINUTES FEBRUARY 13, 1996
8. LEGAL AFFAIRS (Continued)
Suggest 48 hours to contact different markets to pick up their carts, if not complied with they
should pay a fine.
800 number for cart retrieval does not work.
Ms. Roberts complained that people.are selling corn on the cob, mayonnaise and salsa on her
street which creates trash and rat problems.
Mayor Coontz recognized the following people who spoke in favor:
Mel Vernon, 2519 N. French St., Santa Ana
Rose Veldhuizen, 7508 TwinleafTrail
Carole Walters, 534 N. Shaffer
Barbara DeNiro, 1118 E. Adams
NickLall, 6231 Mabury Ave.
Shirley Grindle, 5021 E. Glen Arran .
Ruth Wacker, 374 N. Earlham
Bob Bennyhoff, 10642 Morada Dr.
Their concerns were expressed as follows:
The grocery industry is not very diligent about picking up the carts.
Grocery owners need to understand their good will is diminishing and they should manage their
own problem.
This problem is affecting everyone in their pocket book. Should arrest the people who steal the
carts. Ifword got around they would stop.
Suggest the Police Department give people tickets and make them take the carts back.
State law is in existence that allows cities to fine people who take the carts away. The City
should motivate the merchants.
Councilman Slater commented the proposed ordinance is not against business but a message to
the grocery industry that they are the source of the problem. The long term goal is to remove the
carts from the streets and the proposed ordinance is a step in that direction.
MOTION
SECOND
AYES
Slater Barrera
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater That Ordinance No.
3-96 have first reading waived and same was set for second reading by the preceding vote.
8.2
ORDINANCE NO. 4-96 An
Ordinance of the City Council of the City of Orange amending Chapter 2.10 of the Orange Municipal
Code pertaining to campaign reform.PAGE
14
CITY COUNCIL MINUTES FEBRUARY 13, 1996
8. LEGAL AFFAIRS (Continued)
The City Attorney indicated the purpose of this ordinance is to have Council review the following:
contribution limits and clarification of the election cycle. Communication was received from the
Ninth Circuit Court of Appeals and the California Supreme Court on the validity of certain
provisions in the ordinance which may be of question.
The City Attorney commented that Shirley Grindle had reviewed the ordinance and expressed
concerns with three issues: Section 2.10.090 Intracandidate transfers, transfers between
controlled committees of a single candidate; intercandidate transfers, transfers of funds between
candidates; and if an outside committee spends 25% on a local election, they would be subject to
the contribution limit.
The Assistant City Attorney gave a brief synopsis of the three issues. The first two issues can be
resolved according to Ms. Grindle's changes. Regarding a committee that spends 25% of their
funds on a local election, the committee would be subject to the City's contribution limits. From a
legal standpoint it would be problematic and an enforcement problem for the City to impose the
City's campaign contribution limits on a state or federal committee that is subject to different laws
and campaign contribution limits. However, it is a policy matter and Council wants to keep that
provision, there have been no cases which have specifically prohibited this type of provision.
Mayor Coontz recognized the following speakers:
Shirley Grindle, 5021 E. Glen Arran, referred to her two page memo which was distributed to
Council. Section 2.10.050.C, is a deterrent for large independent expenditures to be made to
oppose or support a local candidate. Ifa committee does spend more than 25% of its total
expenditures for the previous 12 months, then they have to be subject to the same contribution
limit that the local official is. This section was written by the County Counsel and District
Attorney's Office to solve this problem.
Section 2. JO.060.A - drop the word personal. The Assistant City Attorney agreed to the change.Section
2. JO.090.A - Transfers - Ms. Grindle concurred with this section.Ms. Grindle proposed
that her change to Section B will allow a Council candidate who wants to run for Mayor
to transfer his Council funds into his committee for mayor as the State law allows subject to only
transferring those funds that do not exceed $500 per contributor. Change the last sentence to include "
which exceeds the contribution limit per contributor of this Chapter. "Section C - Intercandidate
Transfers Ms. Grindle indicated State
law says a committee controlled by a candidate cannot transfer any contributions into a committee
where there is a contribution limit ordinance in effect. Ms. Grindle supports this regulation.Mayor
Coontz asked the
difference between Sections Band C, if the concern ethically is about the donations that are
made to a candidate by their constituents?Ms. Grindle commented it'
s the candidates' money to use within certain restrictions.PAGE 15 r
CITY COUNCIL MINUTES FEBRUARY 13, 1996
8. LEGAL AFFAIRS (Continued)
If the transfers are adopted by Council, a provision needs to be developed to identify and report
the transfers. The FPPC has a complete transfer reporting mechanism which can be used as a
basis to begin with. '
The proposed ordinance has dropped the husband and wife aggregation. It is strongly felt that
husband and wife contributions, when there is community property funds involved, should be
aggregated. If the Council wants to tap a married couple for $500 each, the contribution limit
should be dropped to $200 per contributor. Ms. Grindle encouraged Council not to drop the
husband and wife aggregation.
On the last page of the memo, last paragraph, it discusses restricting the amount of money that
can be loaned by a candidate to his committee. There is nothing to prevent placing a limit on how
much a candidate, once he gets in office, can pay himself back from future campaign
contributions. This would be a deterrent.
Councilman Spurgeon requested that the effective date of the ordinance be after the November
election. The City Attorney indicated it could be done, and should be in sync with the election
cycle which begins January 1, 1997.
Alex Carrassi, 1761 Arbolada, Tustin, agreed with Ms. Grindle regarding the 25% rule.
Carole Walters, 534 N. Shaffer, concurred with Councilman Spurgeon's comment on the effective
date of the ordinance and supported the limit on loans from a candidate.
The Assistant City Attorney reported any expenditure limit would be thrown out in court. The
intercandidate ban has a similar provision in the Political Reform Act which was struck down as
being unconstitutional by the District Court because it was an impermissible expenditure limit.
Councilman Murphy commented he has no problem with the revisions as stated by Shirley
Grindle. He will not accept any husband or wife contributions that are above the spirit of the
ordinance which is $500, and only applies to community property.
Councilman Slater also agreed with the revisions.
Mayor Coontz commented there was a problem with the intracandidate revision which is an
ethical concern. The campaign money is not spent loosely and spent only for campaign purposes,
and there is still the ability according to State Law to spend campaign contributions as the
candidate sees fit.
Mayor Coontz confirmed that she and the City Council want the $500 contribution limit to remain
for now.
PAGE 16
CITY COUNCIL MINUTES FEBRUARY 13,1996
8. LEGAL AFFAIRS (Continued)
MOTION
SECOND
AYES
Coontz Spurgeon
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved to continue
the first reading of Ordinance No. 4-96 to March 12, 1996, to include all revisions as
proposed, including a provision on the transfer tracking plan for moneys that are transferred from
one candidate to another.8.3.
ORDINANCENO. 5-6 An
Ordinance of the City Council of the City of Orange repealing Chapter 2.14 of Title 2 of the Orange
Municipal Code pertaining to Conflicts ofInterests. (A2500.0)MOTION
SECOND
AYES
Murphy
Mayor
Coontz Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater That Ordinance No.
5-6 have first reading waived and same was set for second reading by the preceding vote.
8.4
ORDINANCENO. 6-96 - URGENCY An Urgency
Measure of the City Council of the City of Orange, adopting an Interim Ordinance prohibiting new
adult enterprise uses, as defined in Section 17.04.020 of the Orange Municipal Code, in
order to protect the public safety, health and welfare. (A2500.0 Entertainment, Adult)The Assistant
City Attorney briefly reported the urgency ordinance will prohibit adult business enterprises for
a period of 45 days. During this period the Director of Community Development and his
staff will be studying this matter in order to amend the ordinance provisions.Barbara DeNiro,
11 18 E. Adams, asked the location and if there are others?The Assistant
City Attorney indicated the business was located in the C-3 zone within the vicinity of
Main Street and the Town & Country complex. It is a proposal for nude modeling related to lingerie
sales. There are no other adult uses at this time.Mel
Vernon, 2519 N. French St., Santa Ana, voiced his support of the ordinance.MOTION
SECOND
AYES
Spurgeon
Murphy Murphy,
Barrera,
Mayor Coontz, Spurgeon, Slater Moved that reading
in full was waived on Urgency Ordinance No. 6-96 by the preceding vote.PAGE 17
CITY COUNCIL MINUTES FEBRUARY 13, 1996
8. LEGAL AFFAIRS (Continued)
MOTION
SECOND
AYES
Spurgeon Murphy
Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater That Urgency
Ordinance No. 6-96 was read by title only and same was passed and adopted by the preceding
vote.8.
5 ORDINANCE NO. 8-96
An Ordinance of the City Council of the City of Orange amending Chapter 12.36 of the Orange
Municipal Code relating to House Moving. (A2500.0)
MOTION
SECOND
AYES
Murphy
Mayor Coontz Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance
No. 8-96 have first reading waived and same was set for second reading by the preceding
vote.8.
6 ORDINANCE NO. 9-96
An Ordinance of the City Council of the City of Orange amending Chapter 15.41 of the Orange
Municipal Code amending Transportation Systems Improvement Program, establishing additional
land use categories and authorizing a revised fee schedule. (A2500.0 TSIP)
MOTION
SECOND
AYES
Spurgeon Murphy
Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance
No. 9-96 have first reading waived and same was set for second reading by the preceding
vote.9.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10.
ORAL PRESENTATIONS Carole
Walters, 534 N. Shaffer St., thanked the Police Chief and staff for their excellent work on the
Tunnel. The club has disappeared from this City IUld the City of Anaheim where they were going
to relocate.Barbara
DeNiro, 1118 E. Adams, thanked the Police for solving the problems at Luckys and expressed
concern that graffiti is proliferating again. Ms. DeNiro asked what type of restaurant is locating
at Tustin and Collins?Mayor
Coontz indicated it will be a sports bar.PAGE
18
CITY COUNCIL MINUTES FEBRUARY 13, 1996
10. ORAL PRESENTATIONS (Continued)
Juan Pablo Serrano Nieblas, 224 N. Olive St. commented that the Police should go after the
markets to solve the shopping cart problem. He is also circulating a petition to allow use of
marijuana for medicinal purposes.
Mayor Coontz introduced the new reporter from The Orange County Register, Tahlia Marlin.
11. RECESS
MOTION
SECOND
AYES
Murphy
Barrera Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater The City
Council recessed at 7:35 p.m. to a Closed Session for the following purposes:a. Conference
with Legal Counsel - existing litigation pursuant to Government Code Section 54956.9(a):
May C. Lagrnan
vs. City of Orange, Orange County Superior Court Case No. 74-49-49.b.
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.)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.12.
ADJOURNMENT MOTION
SECOND
AYES
Barrera
Murphy Murphy,
Barrera, Mayor
Coontz, Spurgeon, Slater The City Council adjourned
at 8:46 p.m.4f~-d CASSANDRAJ. c&
THCART, CMC
CITY CLERK 7 _,W~'<
JA:";~'tl
JdANNE
C. COONTZ ,MAYOR .c PAGE 19