03-26-1996 Council MinutesJ.-, __JJ_ '-n__.1. '-'-"__.\ '-___-'J.\' 1--\..:-'.:\___-' 9, __:1~6 CITY COUNCIL MINUTES OFA REGULAR MEETING ORANGE, CALIFORNIA
March 26, 1996
The City Council of
the City
of Orange, California
convened on March 26, 1996 at 4;30 P.M. in a Regular Meeting in the Council Chambers, 300 E. ChapmanAvenue, Orange, California.4:30 P.M. SESSION 1. OPENING 1.1
PLEDGE OF ALLEGIANCE TO THE
FLAG Led
by Mayor Joanne Coontz 1.2 ROLL CALL
PRESENT - Murphy, Barrera, Mayor Coontz,
Spurgeon, Slater ABSENT - None
1.3 APPROVAL OF MINUTES Regular Meeting - March
12, 1996.MOTION -
Barrera SECOND - Murphy AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater ACTION:
Approved.1.4
PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS
A plaque was presented to Frank Parsons who
accepted on
behalf of the Orange Rotary
Club for their sponsorship of Youth In Government Day. Certificates were presented to the studentswhoparticipatedinYouthInGovernmentDay.1.5 PROCLAMATIONS A proclamation waspresentedtoKathyOsborne, representing Bethel Guardian, honoring Job'
s Daughter's
Week, April I through 6, 1996.2.CONSENT CALENDAR Tape 4102. I Declaration of City Clerk, Cassandra J. Cathcart, declaring
posting of City Council agenda
of a regular meeting of March 26, 1996 at Orange Civic Center, Main Library, Policefacilityat1107NorthBataviaandtheEisenhowerParkBulletinBoard; all of said locationsbeingintheCityofOrangeandfreelyaccessibletomembersofthepublicatleast72hoursbeforecommencementofsaidregularmeeting.ACTION: Accepted Declaration of Agenda Postingandauthorizeditsretentionasapublicrecordin
the Office of the City Clerk.PAGE 1
CITY COUNCIL MINUTES March 26, 1996
2. CONSENT CALENDAR (Continued)
2.2 Request Council confirmation of warrant registers dated March 8 and 12, 1996.
ACTION: Approved.
AGREEMENTS
2.3 Request Council authorize execution of First Amendment to Agreement between the City
and the Law Offices of Walsworth, Franklin, Bevins & McCall for legal services.
A21oo.0 AGR-2469.
1)FISCAL IMPACT: Funds are currently budgeted in Account No.
740-0301-
426100-Legal Services.ACTION: Authorized Mayor and City Clerk to execute on behalf
of the City.BIDS - Award of bids for projects over $100,000 which have
been previously approved and budgeted by the
CityCouncil.2.4 Request Council award Bid No. 956-26, SP 3159, to R. J. Noble Company
in the amount of $124,057.73, for street improvements on Washington Avenue;
Orange - Center &Harwood - Cambridge. (A21oo.0
AGR-2572)FISCAL IMPACT: Funds have been budgeted in the following CDBG
310 account:310-
6058-4833oo-
3299-
16106-Washington-Orange to Center 31O-6058-4833oo-3299-16105-Washington-Harwood to
Cambridge.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.5
Request Council award Bid No. 956-27, SP 3143, to Shields Industries, Inc. in
the
amount of $171,015.60, for Wheelchair Access Ramps - various locations. (A2100.0
AGR-2573)FISCAL IMP ACT: No impact since Federal ADA Improvement
Grant has been budgeted for the contract award, engineering inspection, contract administration costs and change
orders to the contract. Fund No. 310-6058-475100-1328 - $143,000.00 -
CDBG -
310 and balance of$28,015.60 from Fund No. 262-5021-483300-
3181 - Undesignated
CITY COUNCIL MINUTES March 26, 1996
2. CONSENT CALENDAR (Continued)
2.6 Request Council approve waiver offorrnal bid in accordance with Orange Municipal Code
Section 3.08.140(e) "Exceptions to Competitive Bidding Requirements" and negotiate a
contract with Seagrave Fire Apparatus, 85 West. Avendale Rd., Hillsborough, CA, as sole
source vendor for the purchase of a new pumper in an amount not to exceed $310,000.
A21oo.0 AGR-
2574)FISCAL IMPACT: Sufficient funds are in Account No. 720-
5023-447102, Motor Vehicle Replacement
1995/96
Budget.ACTION: Approved.REMOVED AND HEARD
SEP ARATEL Y)2.7 Request Council authorization to advertise Bid No. 956-30
for street improvements and installation of a traffic signal at the intersection of Tustin St. and
Quincy Ave. adjacent to the Post Office. (
S4OOO.S.3.3)FISCAL IMP ACT: Funds are budgeted
in the following accounts:110,000. from Account No. 284-5032-483300-6052
TSIP (Area B); and $47,000.
from Account No. 550-5032-483100-6005 (post Office contribution).Discussion: Barbara
DeNiro, 1118 E. Adams, suggested Highland residents be notified of the impact the proposed
project will have on three driveways and the
parking situation,stating these residents currently utilize the AdamslTustin intersection.The Director of
Public Works responded the proposal at the present crosswalk location with flashers
is complete removal of the flashers and pavement markings; additional signing prohibiting
pedestrian crossings; and possibly the installation of a warning barrier to eliminate crossings. Adequate
notice at the location is the most effective way of discouraging crossings,
which combined with the new traffic signal and pedestrian signal,should encourage pedestrian crossing in
front of the post office. The parking lot at the post office will undergo
changes in the channelizations to facilitate the flow of traffic through the
parking lot, without making any major revisions to the improvements.Changes in
the striping and generalization will allow additional parking spaces and improved traffic flow in the
parking lot. The award of contract is anticipated in 30-45 days and the traffic signal
should be on-line in six
to seven months.
All existing driveway
approaches will continue to be utilized.MOTION - Coontz
SECOND - Spurgeon
AYES -
CITY COUNCIL MINUTES March 26, 1996
2. CONSENT CALENDAR (Continued)
CLAIMS
2.8 CLAIMS FOR DAMAGES FROM:
a. Sandy Balder
b. William Romero, et al.
c. Richard Stern (C32OO.0)
FISCAL IMP ACT: None.
ACTION: Denied claims and referred to City Attorney and Adjuster.
GRANTS
2.9 Request Council authorize receipt of $39,710 in California State Library Public Library
Funds and allocate $39,710 from Account No. 100-0000-262900 (
Library Revenue Account) to Account No. loo-
2004-424101-9302-12010-PLF (Automated Library System Building Repair and Maintenance Account)
to partially fund the establishment of a new InformationTechnology
Center at the Main Library. (C2500.I)FISCAL IMPACT: This award of $39,710 will augment
the Library's budget to fund the
Main Library'
s new Information Technology Center.ACTION: Approved.2.10 Request authorization to
approve a Homeowner Participation Program Grant and authorize the Finance Department to prepare a warrant
in the amountof $ 2,
000.00.C2500.G.l.3.1)FISCAL IMPACT:
Funds are available in Account No.
316-6053-
427800-1221 Homeowner Participation Program). Case No. 595.ACTION: Approved.2.11
Request authorization to approve a Homeowner Participation Program Grant and authorize the Finance Department to
prepare a warrant in the
amount of $1,170.00.C25oo.G.I.3.1)
FISCAL IMP ACT: Funds are available
in Account
No. 316-6053-427800-1221 Homeowner Participation Program). Case No. 606.ACTION:
Approved.2.12 Request authorization to approve a Homeowner Participation Program Grant and authorize the
Finance Department toprepare a
warrant
CITY COUNCIL MINUTES March 26, 1996
2. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Funds are available in Account No. 316-
6053-427800-1221 Homeowner Participation Program).
Case No.
607.
ACTION: Approved.RESOLUTIONS REMOVEDANDHEARD
SEP ARATEL Y)2.13
RESOLUTION NO. 8601 A Resolution of the City Council of the City of Orange finding that the
procedures for the formation and election of the Project Area Committee (pAC) for the
Third Amendment to the Southwest Redevelopment Project Area were followed in the election of
the PAC and determining the validity of any challenges to the election. (
R35oo.0.6)
MOTION - Barrera SECOND -
Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater
Moved to continue this Item to the 7:00 p.m. session.
REMOVED AND HEARD SEPARATEL Y)
2.14 RESOLUTION NO. 8597
A Resolution of the City Council of the City of Orange approving and naming the streets
designated as lots "A", "B", "C", "D" and "E" in Tract 15210 in the City of Orange.
T4000.0 TRT-
1521O)Location: West side ofLoma Street between Santiago Canyon Road and Via
Escola
Avenue.Councilmember Slater asked for clarification on the proposed street name "Portafira".
He inquired whether the name should be "
Portafina".The Director of Public Works responded he was unsure of the proposed name,
however,the Council has the authority to rename the street to
Portafina.MOTION - Slater
SECOND - Coontz AYES -
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved that
Resolution No. 8597 as amended, be adopted and same was passed and adopted by
the preceding vote, with the street name to be changed from Portafira to Portafina.PAGE
5
1--- -
CITY COUNCIL MINUTES
March 26, 1996
2. CONSENT CALENDAR (Continued)
2.15 RESOLUTION NO. 8598
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 94-1 adjusting a Lot Line of certain real property situated at Parcels 1 and 2 as
shown on a map recorded in Book 66 Page 2 of Parcel Maps, Records of Orange
County,California. (C2500.M.16.1
LLN-94-1)Location: Northeast Corner of Lewis Street
and Metropolitan
Drive.ACTION: Approved.2.16
RESOLUTION NO. 8599 A Resolution of the City Council of the City of Orange approving
Lot Line Adjustment LL 95-11 adjusting a Lot Line of certain real property situated at Lots 19
and 20 in Block A" of the Davis Tract as per map recorded in Book 13 Page
27 of Miscellaneous Records in the office of the County Recorder of Los Angeles County, California. (
C2500.
M.16.1 LLN-95-
11)Location:
123 W.
Maple Avenue.ACTION: Approved.VEmCLE REQUEST 2.17 Request Council authorize the Police Department's
use of the Police Department property van for the Baker
to Vegas relay
race. (C2500.
K)FISCAL IMPACT:
None.ACTION: Approved.
MOTION - Murphy SECOND - Barrera AYES - Murphy, Barrera, Mayor
Coontz, Spurgeon, Slater Item Nos. 2.7, 2.13 and 2.14 were removed and heard separately. All other
items on the Consent Calendar were
approved as recommended.END
OF CONSENT CALENDAR 3. REPORTS FROM MAYOR
COONTZ - None 4. REPORTS FROM COUNCILMEMBERS -
None PAGE
CITY COUNCIL MINUTES March 26, 1996
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
5.1 Request Council appoint a Building Board of AppealslHousing Board of Appeals to
hear technical appeals of the adopted Uniform Building and Housing Codes.
ORI8oo.0.42.2) Tape 660
The City Attorney reported that an Orange resident, Kristi Davis, wished to address the Council
relative to a document she submitted. The document is entitled" Appellants Brief'. This
document should be received and placed in the record, if that is Ms. Davis' intent. The Council
was advised that the proposed action would be to appoint an Appeals Board, and indicated Ms.
Davis may wish to address the Board of Appeals, once it has been established by Council.
However, since this is a general policy issue, Ms. Davis may speak during Oral Presentations.
The Director of Community Development stated the request presented by staff is to appoint a
Housing Board of Appeals pursuant to the Uniform Building Code and Uniform Housing Code.
Provisions of these Codes allow for appeals oftechnical issues. The Building and Housing Codes
state that the Board is to consist of members who are qualified, by experience and training, to
pass upon matters pertaining to building construction, and who are not employees of the
jurisdiction. Jim Brennan, Engineer, Rich Brumfield, Architect, and Frank Bauman, General
Contractor are three well-qualified individuals that have been suggested to serve on theBuildingBoardofAppeals. The decision before Council is to appoint a Building Board of Appeals
to allow the City to deal with such
appeals.
MOTION
SECOND
AYES
Murphy Spurgeon
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved
for the appointment of a Building Board of Appeals Housing Board of Appeals to hear technical
appeals of the adopted Uniform Building and Housing Codes.6.
ADMINISTRATIVE REPORTS 6.
1 Treasurer's Report - February, 1996. (C25oo.F)Tape 860 The Director
of Finance presented the February Investment Report, explaining the invested balance is $
I 11.8 million, which is a decrease of approximately $2 million from the prior month.A section
has been added in the staff report indicating the receipts and disbursements for the month, and
any notable changes. She referred to Page 3 of the Investment Portfolio, Portfolio Totals for
the Prior Month, as well as changes in the market value. At the end of February, the Local Agency
Investment Fund balance was $5.2 million.The last
month has been volatile in terms of the bond market. New economic information has greatly impacted
the market value. On a percentage basis, the February report is not lower than other months
in the past twelve months, however, there was a significant decrease from January's report. In
comparing market value as a percentage of cost, February was 99.3%, as compared to 100.17"/
0 inJanuary. There would be a concern if the portfolio was not liquid and it had to be sold. There
have been much lower percentages in the last twelve months. The average maturity PAGE 7
CITY COUNCIL MINUTES March 26, 1996
6. ADMINISTRATIVE REPORTS (Continued)
of the portfolio is 2.12 years. The investing being done currently is short-term and
matching maturities to specific outflows of monies as it relates to debt service payments and payroll.
The City has a very conservative investment strategy, and is not actively trading the portfolio, but
as maturities come up, they are invested on a short-term basis, mostly under
a year.Mayor Coontz requested an index to the abbreviations on the pie chart be included
in
future
reports.
MOTION
SECOND AYES
Barrera Spurgeon
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved
to accept the report.6.
2 Approval of a HOME Investment Partnerships Act Agreement with Barry A.Cottle,
Kenneth H. Crume, and Richard Sciuto to provide funding in the amount of 769,
250 (HOME Funds) for the acquisition and rehabilitation ofthe Parklane Garden Apartments
located at 928 North Highland Avenue. (A21oo.0 AGR-2575)
The City Manager gave an overview of the proposed project, and stated that timing was
important. Previous direction given by Council was to go back and negotiate this item. He
indicated that Item 6.2 on the Council agenda is relative to HOME funds, and Item 5.1 on the
Redevelopment Agenda addresses the Housing Set-Aside Fund. Both items will be addressed
at this
time.The developer for the proposed project is Barry A. Cottle, Kenneth H. Crume, and
Richard Sciuto. They are requesting $1,985,000 in financial assistance from the City and Agency
to acquire and rehabilitate 80 units of the 256-unit Parklane Garden Apartments. The
developer has chosen to obtain private financing for the remaining 176 units. The two City and
Agency funding sources are HOME Program funding in the amount of$769,250, or approximately $32,
052 per unit. The Housing Set-Aside Funds is in the amount of$I,215,750. The
funding would be disbursed over a two-year period in phases: $915,750 during Phase I and $
300,000 during Phase II in assistance for rehabilitation, or approximately $
21,709 a unit.HOME funding would be provided for the acquisition and rehabilitation of
24 units, which are referred to as the Orange Garden Apartments. Housing Set-Aside
Funding would be provided for the acquisition and rehabilitation of the 56 remaining units, to be
known as the Plaza Garden Apartments. All 80 units will be affordable, very-low, and
low-income households for a 55 year period. Disbursement of the HOME Funding
and Set-Aside Funding would be subject to developers obtaining additional financing to cover
the total cost of acquiring and rehabilitating all 80 units. The HOME monies are federal funds that are
available for the City to obtain and apply toward a project. Council has the authority
to make decisions on these projects. The Housing Set-Aside Funds are a portion
of tax increment funds that the Redevelopment Agency receives,and
a decision
CITY COUNCIL MINUTES March 26, 1996
6. ADMINISTRATIVE REPORTS (Continued)
Discussion: Barbara DeNiro, 1118 E. Adams, inquired if the amount requested on a previousagendawasforalesserproject, and what was the pay back time?
The City Manager responded the amount requested is the same. The proposal is not for a lesser
project in the actual number of affordable units. In a previous discussion before Council, 77 units
were identified for funds to be directly applied. The 255 units would be a project in totality thattheCitywouldhavecontroloverorhaveinput. The developer has additional financing outside of
the Redevelopment and HOME Funding Assistance, that allows their own financing on 176 of the
255 units. The City was able to obtain 80 units of affordable housing, rather than 77, therefore,
the monies buy more affordable units. This money was requested to be in a grant. The
documents were written as a loan/grant, which provides the City control over the 80 units for a 55
year period. If the property were to be sold, the control runs with the property. The developerdoesnotpaybackthemoney, unless they fail to perform.
Barry Cottle, P.O. Box 31 I, Tustin, reported the lots will be consolidated for the project areawiththeexceptionofbeingdividedbypublicstreets, which ends up with five or six lots overall,
versus the 32 lots there today. They will provide general contracting and property managementservices. They have engaged the services of Del Richardson and Associates, a well-
known relocation expert, who has come up with a relocation plan. Mr. Cottle indicated if people are
not displaced off the property, they are not eligible for relocation dollars. There will be norelocationdollarsspentonthis
project.The City Manager added that he also had discussed relocation issues with Ms. Richardson. Mr.Cottle and his associates have assured the City that relocation can be done on-site; that
there will not be a contribution of monies to escrow accounts for relocation, or providing
any other assistance; and the report provides the City with an indemnification clause for that
purpose. The Indemnification Clause in the Agreements state that relocation costs will not be borne bytheCity.The developer is bearing the relocation costs as a part of
the investment.Councilmember Slater asked Mr. Cottle ifhe would be comfortable if the City were to say
that if they do dispense of the property in five years or less, the forgivable loan would then
become a loan, unless they have trouble obtaining financing, and they then could come back to the
City and possibly ask the City to
change it.Mr. Cottle responded that he would need to consult with his financial partners
and financial advisors relative to Councilman Slater's question, as they are more knowledgeable ofthefinancingandtherefinancingofthebondmarket, indicating this was not his area of expertise. There
is a two-year rehabilitation plan, because the funds come in two years. They hope tomakeamajordifferencestartinginthefirst90days. Work on the interior and exterior of theunitswillhappenatthesametime. There is about 80 units vacant today, which is enough units to go inandmakeadifferencerightaway. The exterior will have enhancements to the elevationoftheproperty, in addition to paint, landscaping and block walls. Additional money with thepartnershasallowedfortheallocationofmoneyabove $1,200,000. It is anticipated they will bereturningtoCouncilinthenearfuturerelativetotheabandonmentorvacatingofthreestreetsbetweenHighlandandthefreeway, which would be turned into additional open passive and active
recreation areas.
CITY COUNCIL MINUTES March 26, 1996
6. ADMINISTRATIVE REPORTS (Continued)
budgeted is approximately $160,000 a year to continue upgrading the property, as well as anadditional $30,000 per year in reserves. They hope to be a part of the solution to the problempropertytothenorthbyworkingwiththePoliceDepartment, the Code Enforcement and staff.Escrow is scheduled to close before the end of April, and construction should start 30-45daysafterthestartof
escrow The Housing Manager addressed terms of the Agency's promissory note assigned to theproperty.The note is accruing at 7% interest, which has to do with non-compliance with all termsoftheagreement, as in the event of a default. This would not apply if the property weresoldortransferred, as long as the sale or transfer of the property has Agency approval. Ifthepropertyownerrequestedtotransfertitle, the property owner would be required to come backbeforetheCitylAgencyfordiscussionandreviewtoensurethatthenewacquiringownerunderstandsalltheramificationsoftheagreementthattheCitylAgencyhas, which bounds the propertytoaffordablehousingrequirements. CC&R's will be recorded against the property, and a PerformanceDeedofTruststatingthattheownerwillbecomplyingwiththetermsofthe
Agreements presented.Mayor Coontz reported there has been a history of absentee owners of apartments inthisarea,which has caused problems. The City of Orange has a team approach, andalthoughtheseapartmentsarebeingrehabilitated, the City will need to protect the rest of theneighborhoodfromcodeenforcementproblems, abandoned cars, and general deterioration. A reportwasrequestedtobebroughtbacktoCouncilonexactlywhatis
being done.RESOLUTION
NO. 8602 A Resolution of the City Council of the City of Orange approving a HOMEAgreementwithBarryA. Cottle, Kenneth H. Crume, and Richard Sciuto and making
certain
findings.
MOTION
SECOND AYES
Coontz
Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater
Moved to adopt Resolution No. 8602 of the City Council of the City of Orange approving aHOMEAgreementwithBarryA. Cottle, Kenneth H. Crume, and Richard Sciuto and makingcertainfindings.
MOTION
SECOND
AYES
Coontz Murphy
Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to
authorize the transfer of funds in an amount not to exceed $769,250 from HOME Program AccountNumbers317-6057-465802-9194 and 317-6058-465802-9194 for the acquisition and rehabilitation of
the Orange
CITY COUNCIL MINUTES March 26, 1996
7.REPORTS FROM CITY MANAGER Tape 2110
7.1 Report on the Orange County Sanitation District's proposal to purchase landfIlls.
The City Manager reported that Orange Disposal had discussed and inquired with the County astoanyanticipatedreductioningatefees. The County at that time was not discussing or
announcing their lowering of gate fees from $35 to $27 a ton, which they have now done. NotanticipatingthisreductionfromtheCounty, the City of Orange recently entered into a temporarycontractwithBKKlandfilltotransfer, not to exceed, 500 tons of trash from the City of Orangeonadailybasis. The BKK landfill is scheduled to close in September. A letter was recentlyreceivedfromIntegratedWasteManagement (EMA) announcing the reduction of their gate feesfrom $35 a ton to $27 a ton, however, the City will continue to transport to BKK landfill.
Relative to the Orange County Sanitation District's proposal to purchase the landfill, the CityManagerreportedthatanAdHocCommitteeoftheSanitationDistrictsmetandvotedtorecommendtothefulljointboarditsoffertopurchasetheCountySolidWasteSystemberescinded. There is ongoing discussion with the Board of Supervisors. On the March 27, 1996agendaforthefulljointboardisaverbalreportfromtheChairoftheAdHocCommitteetoconsideramotionconcurringwiththerecommendationoftheCommitteetowithdrawtheoffer topurchasetheCountyofOrangeIntegratedWasteManagementSystem. If adopted, this wouldderailorpreventtheissuefromgoingforward.
Councilmember Murphy, as a member of the Orange County Sanitation District, reported that hebelievedthesubcommitteewouldrequestthereturnoftheirmonies, since a fee was put forwardtograntexclusivityinthenegotiationofthesale. There was a feeling by the majority of theSanitationDistrictJointBoardthatthereisalotoflogicinputtingallofwastedisposalunder onejurisdiction, and a belief that it could be run efficiently and actually at a reduced price, in
comparison to the $35 ton price that was prevalent prior to the recent gate reduction. The Boardbelieveditwasworththeexplorationtomoveforward, however, it became apparent that thetimingwasnotrightforadealtobenegotiated. Councilmember Murphy indicated he will vote towithdrawtheofferbeforetheBoardattheMarch27thmeeting. Mr. Rudat has stayed verycurrentonthisissuethroughtheCityManager's Association, as well as through the SanitationDistrict. Orange County has 50+ year capacity inside the County itself to sustain its landfills,while other Counties are looking at a 3-9 year capacity, which could disappear withtheimportationof
trash.8.LEGAL
AFFAIRS Tape
2465 8.1 ORDINANCE NO.
4-96 An Ordinance of the City Council of the City of Orange amending Chapter 2.10 oftheOrangeMunicipalCodepertainingtocampaignreform. (
A2500.0)Continued from February I3 and March
12, 1996)
CITY COUNCIL MINUTES
March 26, 1996
8. LEGAL AFFAIRS (Continued)
The City Attorney gave an overview of the revised Campaign Reform Ordinance which has beenineffectsince1992. The effective date has been changed from January 1, 1997 to December 1,1996. The revised Ordinance also proposes a ban on intracandidate transfers.
Discussion: Shirley Grindle, 5021 E. Glen Arran, explained the proposed ban on intracandidatetransfers, which also is consistent with the County ordinance.
MOTION
SECOND
AYES
Spurgeon Coontz
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved that Ordinance
No. 4-96 have first reading waived and same was set for second reading by the precedingvotewiththefollowingamendments: Section 2.10.100 of Ordinance No. 4-96 is deletedinitsentiretyandSection2.1O.090B of Ordinance No. 4-96 is revised to readIntracandidateTransfersBetweenOtherCommittees: No contributions may be transferred intoanyCityCandidateorElectiveCityOfficer's controlled committee from any other committeewhichthatCityCandidateorElectiveCityOfficercontrols" with the effective date of DecemberI, 1996, and deleting January I, 1997.
8.2 ORDINANCE NO. 11-
96 Tape
2870 An Ordinance of the City Council of the City of Orange adding Chapter 5.86 to theOrangeMunicipalCodepertainingtoSexuallyOriented! Adult Businesses. (A25oo.
0)
MOTION
SECOND
AYES
Murphy Barrera
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That
Ordinance No. 11-96 have second reading waived and be adopted and same was passed andadoptedbytheprecedingvote.
9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
10. ORAL PRESENTATIONS
Kristi Davis, 767 N. Orange, read a written appeal which she submitted regarding a Notice ofViolationshereceivedfromtheCityasresultofagarageconversiontoabedroom. Ms. DavissubmittedaletterandrequestedahearingtofindoutwhythePlanningCommissionwaserroneouslyallowedtoruleonherappeal.
Mayor Coontz advised Ms. Davis to consult with the City Attorney relative to this issue.
PAGE 12
CITY COUNCIL MINUTEs
March 26, 1996
10. ORAL PRESENTATIONS (Continued)
Allan Beek, 2007 Highland, Newport Beach, presented a letter to Council relative to money thatcouldbesavedbysendingsewagetoSantiagoCreek, rather than County Sanitation Districts ofOrangeCounty (CSDOC). He urged Council to express opposition at the Regional WaterQualityControlBoardhearingscheduledforApril19, 1996 in Newport Beach. (C3500.0)
Warren James, 2627 Cove St., Corona Del Mar, addressed a bill he received to repair thesidewalkinfrontofhispropertylocatedat108W. Hoover. Mr. James indicated the condition ofthesidewalkwasduetoanexcavationfromtheinitialconstructionofatelephoneboxandgasenclosure. He requested the bill of $307 be eliminated.
Mayor Coontz referred Mr. James to the Director of Public Works.
11. RECESS
MOTION
SECOND
AYES
Barrera Murphy
Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater The City
Council recessed at 6:30 p.m. to a Closed Session for the following purposes:a. Conference
with Legal Counsel - anticipated litigation.Initiation of litigation
pursuant to Government Code Section 54956.9(c) (one potential case).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. Conference with
real property negotiator pursuant to Government Code Section 54956.8.Property: Various parcels
on west side ofGlassell between La Veta and Culver.Negotiating Party: Dr.
Ruper.Under Negotiation: Price
and terms of payment.d. To consider
and take possible action upon such other matters as are orally announced by the City Attorney, CityManager, or City Council prior to such recess unless the motion to recess indicates any ofthematterswillnotbeconsideredinClosedSession.PAGE 13
CITY COUNCIL MINUTES March 26, 1996
7:00 P.M. SESSION
Note: Council reconvened at 7:21 p.m.
12.1 INVOCATION
Pastor Bubba Lipscomb, First Southern Baptist Church
12.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Joanne Coontz
12.3 ANNOUNCEMENTS. None
12.4 INTRODUCTIONS - None 12.
5 PROCLAMATIONS - None 12.6
PRESENTATIONS Resolution No.
8594 was presented to Lieutenant Timm Browne commending him for more than twenty-four
years ofioyal and dedicated service.CONSENT
CALENDAR (Continued from 4:30 p.m. Session, Item 2.13)Tape 5195 RESOLUTION
NO. 8601 A
Resolution of the City Council of the City of Orange finding that the procedures for the formation
and election of the Project Area Committee (pAC) for the Third Amendment to the Southwest
Redevelopment Project Area were followed in the election of the PAC and determining
the validity of any challenges to the election.The
Development Specialist explained the Resolution affirms the procedures, formation, and the election
of the PAC and were followed according to California Redevelopment Law. Of the fourteen
potential PAC members that would be included in the Third Amendment to the Southwest
Redevelopment Project Area, five attended the meeting. It was voted unanimously that
these five would form the official PAC. Their first meeting will be on April 2, 1996, at which time
they will elect a chairman and officers. Fifteen days were available in which a party could challenge
the election or the formation procedures; those fifteen days expired today, and no challenges
were received.MOTION
SECOND
AYES
Spurgeon
Murphy Murphy,
Barrera,
Mayor Coontz, Spurgeon, Slater Moved that Resolution
No. 8601 as introduced, be adopted and same was passed and adopted by the preceding vote.
PAGE 14
CITY COUNCIL MINUTES March 26, 1996
13. PUBLIC HEARINGS
13.1 URBAN WATER MANAGEMENT PLAN, CITY OF ORANGE:
Tape 5292
Time set for a public hearing to consider the City of Orange Urban Water Management Plan in
accordance with Section 10642 of the Urban Water Management Planning Act of 1983.
C2300.K)
The Director of Public Works reported that in 1985, the State legislature determined the
promotion of conservation and efficient use of urban water supplies was a matter of Statewide
interest and directed that a Urban Water Management Plan be updated every five years. Future
and existing water needs and supplies have been identified. The City's water condition is in
excellent condition to respond to short-term and deal with long-term droughts or
severe water shortage situations. A number of conservation methods are being promoted to assure
that water supplies available are used in the most efficient fashion. The City presentlyderivesapproximately75% of its supply from groundwater and 25% from imported water from the
Metropolitan Water District. A long-term goal is to increase the utilization oflocal supplies,
and reduce the dependence on imported water. Imported water is much more costly, and
the Metropolitan Water District does have programs to promote such an activity. A significant conservation
element is a proposal by a County water agency to utilize 100,000 acre feet of reclaimed water as
a means of recharging the groundwater basin, which would promote the use of local
water supplies. Water rates, depending on the size of the user, ' are ranked from lowest to third
in the County.The Water Superintendent reported that Well No.1, located on North
Batavia near Fletcher,continues to be out of service due to a higher than standard nitrate level and will be
out of service until a determination
has been made.MAYOR COONTZ OPENED
THE PUBLIC HEARING:THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED
THE
PUBLIC
HEARING.
MOTION
SECOND AYES
Murphy Slater Murphy, Barrera, Mayor Coontz, Spurgeon,
Slater Moved to approve and adopt the 1995 Update of the City of Orange Urban WaterManagement
Plan.13.2 CONDmONAL USE PERMIT 2134-95, ORANGE
UNIFIED SCHOOL DISTRICT SCHOOL PRIDE:
Tape 5574 Time set for a public hearing on petition by O.U.S.D. School Pride proposing to
convert an industrial space to a community recreational facility and to operate bingo games for
fund raising purposes. The application for a conditional use permit is to allow the operation ofbingogamesandtheshareduseofparking. The site is located at 548 West Katella Avenue. (C33OO.
0
CUP-2134-
CITY COUNCIL MINUTES March 26, 1996
13. PUBLIC HEARINGS (Continued)
NOTE: This project is categorically exempt from the provisions of the California Environmental
Quality Act per State CEQA Guidelines Section 15301(a).
The Director of Community Development reported the proposed property is zoned CoR
Commercial Recreational) and the complex is a mixed-use retail industrial facility, with a
variety of uses. The request would allow the operation of a bingo facility and approve shared use
parking for the mixed use center. It is proposed that 6,400 sq. ft. would be utilized, and
improvements within the building would divide it into smoking and non-smoking areas, as well as a
variety of small accessory rooms. The capacity is approximately 200 people, and the operators intend
to be open on Wednesday evenings from 6 p.m. to 11 p.m. One condition of approval is that it not
be a specific night ofthe week:, but to be open one night a week. The hours of
operations are conducive to the shared use parking arrangement. This application is essentially the same
as an application filed last year by Canyon Bingo. Canyon Bingo is an organization that
was not located in the City of Orange, as is required by City ordinance, therefore, they
have found O.U.S.D as a sponsor. This is the fourth bingo facility within
the City.Chief Robertson stated the Police Department will continue to monitor bingo operations
in the City. He stated the bingo groups should be cautioned that violations are taken seriously,
and state law has set fines at $
10,000.MAYOR COONTZ OPENED THE
PUBLIC HEARING Barbara DeNiro, 1118 E. Adams, stated she submitted a letter to the school
board approximately a month ago and had not received a response. Ms. DeNiro questioned limitations on the
use of the bingo facility by
other groups.Mayor Coontz responded she will forward Ms. DeNrro's letter to the Orange
Unified
School District.In response to Ms. DeNiro's question relative to other groups using the bingo
operation facility,the Director of Community Development reported the condition would allow for the
Girl Scouts or other groups to use the facility for other purposes on holidays, weekends, or
after hours.The following individuals spoke in support of the proposed
bingo operation:Bob Bennyhoff, 10642 Morada
Drive Alan Curtis, 5303 Rural Ridge, Anaheim
Jim Frize, 131 So. Eldorado, Anaheim, representing O.u.S.D. School Pride and Canyon Bingo Their
comments were as follows:School
Pride was founded in 1985 to raise funds for Orange Unified School District.All proceeds
go to benefit the school district.Through the end
of 1985, approximately $1 million had been given back to the schools.PAGE 18 I
CITY COUNCIL MINUTES March 26, 1996
13. PUBLIC HEARINGS (Continued)
In eight years of operation, there have not been complaints from neighbors, police, the City or the
School District.The
non-smoking area has been requested by the Orange Assistance League and the Girl Scouts to
have meetings.Approximately
two-thirds of the players are Orange residents.Security
consists of two off-duty police officers.Orange
Unified School District only has room for fifteen schools at this time.THERE BEING
NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING MOTION
SECOND
AYES
Murphy
Coontz
Murphy,
Barrera, Mayor
Coontz, Spurgeon, Slater Moved that this project
is categorically exempt from the provisions of the California Environmental Quality Act CEQA
Guidelines Section 15301(a).MOTION SECOND AYES Murphy
Barrera
Murphy,
Barrera,
Mayor
Coontz, Spurgeon,
Slater Moved to approve Conditional Use Permit
No. 2134-95 as outlined in Planning Commission Resolution No. PC-8-96.
14. PLANNING AND
ENVIRONMENT - None 15. ORAL PRESENTATIONS Barbara
DeNiro, 1118 E.
Adams, asked the status on hiring a Fire Chief.The City Manager responded
the City is not ready to address the issue at this time.The City Attorney announced
that the City of Antioch has requested the City of Orange and other cities to join them
as a friend of the court in a brief, at no cost to the City. The Council, in Closed Session, approved joining that
brief with the City of Antioch, having to do with an issue regarding discretionary immunity.PAGE 17
I
CITY COUNCIL MINUTES
March 26, 1996
16. ADJOURNMENT
MOTION
SECOND
AYES
Murphy
Barrera Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater The
City Council adjourned at 8:00 p.m.J
a~,<
h a(J-tA~4~
CASS RAJ. 'bATHCART, CMC
CITY CLERK
0 __--/i, ~
1?'1 .YJ.)
l~J ~ .cHr7d JOANNE
C. COONT'f:1MAYOR 'PAGE
18 I