10-22-1996 Council MinutesAP1JHUV~U bx ~2L _l____v~,.,~_.~ ~,.' _,~~,~'.~~.~ ~~I
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
October 22, 1996
The City Council of the City of Orange, California convened on October 22,1996 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 Slater
1.2 ROLL CALL
PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT -
None 1.3
PRESENTATlONS/ ANNOUNCEMENTS/ INTRODUCTIONS A presentation
was made by Dean Strenger, Vice Chancellor of the Orange Service Area for Rancho
Santiago Community College District, relative to creating a separate college in the
Orange Service Area. Council Members were invited to participate in the process of suggesting
names for the college and join the committee, or designate a community representative, to
join the committee in the process of reducing the number of names.Names are
to be submitted no later than November 1 st and will be forwarded to the Board of Trustees
for their consideration.1.4
PROCLAMATIONSA proclamation
was presented to Martin Evans for his heroic efforts in saving the lives of Marvin Jones
and Felix Garcia in a fire related incident. (C2500.H)Mayor Coontz
recognized students from Villa Park High School in attendance at the meeting.The
Police
Chief explained Red Ribbon Week is recognized this week in conjunction with the
Orange Unified School District to bring about an awareness of the dangers of drugs. Education
on drug related problems is focused primarily in the elementary and junior high
schools through the DARE Program.The Fire
Chief presented an update on the Orange Fire Department's involvement in the recent fires
in Lemon Heights and the Malibu area.The City
Manager updated the Council and recognized City employees for an outstanding job on
handling and coordinating emergencies throughout the City which were caused by the high
winds on October 22nd. An update was also given regarding Assistant City Attorney David
DeBerry's home which burned in the Lemon Heights fire.PAGE 1
II il
CITY COUNCIL MINUTES October 22, 1996
2.CONSENT CALENDAR Tape 520
2.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of October 22, 1996 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 4 and 8,1996.
ACTION: Approved.
2.3 Request approval of City Council Minutes Regular Meeting of October 8, 1996 and
Adjourned Regular Meeting of October 15,1996.
ACTION: Approved.
2.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
2.5 Request Council approve agreement with Michael and Isabel Marenco, owners of a
residential parcel in the unincorporated County of Orange at 16751 Main Street, to
connect to City sewer. (A2100.0 AGR-
2693)FISCAL IMP ACT: None. All sewer connection fees have been paid and the owners
will also pay a sewer
charge.ACTION: Authorized Mayor and City Clerk to execute on behalf of the
City.2.6 Request Council approve the Master Joint Use Recreation Agreement with
Orange Unified School District to establish a formal process for cooperation and joint use
of school district properties and facilities. (A2l00.0
AGR-2694)FISCAL
IMPACT: None.Discussion: Barbara DeNiro, (address on file), expressed concern with the 3:30 p.
m. to 10:00 p.m. time frame when the schools go year-round, location of
porta potties, field lighting, and messes left behind
by unorganized
groups.
CITY COUNCIL MINUTES October 22,1996
2. CONSENT CALENDAR (Continued)
The Director of Community Services explained that year-round schools do not
prohibit the use of the facilities and the time frame specified in the agreement would not
be affected by year-round school. Restrooms will be open and
normal custodial responsibilities for the restrooms will continue with the school. The plan for
the field lighting at the northwest area of El Modena, adjacent to the football field, is to
handle the situation similar to the Handy Park lighting, in which there was an open forum
with the Park and Recreation Commission; concemed property owners were identified;
and an opportunity was provided for concems to be voiced. The lighting would be
similar to Handy Park shining directly on the field with no illumination into backyards.
Under the Joint Use Recreation Agreement, unorganized groups are not allowed use of
the facilities without going through the
permit process.The City Manager clarified the agreement allows the City control over some
issues, but the school district continues to maintain some ofthe fields and facilities. There
will be dialogue with the school district relative to the City making incremental
improvements in the fields in order to work to a
mutual satisfaction.The Interim City Attorney indicated the Master Agreement appears to be a
good over-all working document and it anticipates there could be subsequent
documents for specific
fields and uses.ACTION: Authorized the Mayor and City Clerk to execute on behalf
of the City.2.7 Request Council approve agreement with Arroyo and Associates to
provide a needs assessment and strategic planning for the Library through the year 2006 in
an amount not to exceed $25,000. (
A2l00.0 AGR-2695)FISCAL IMP ACT: Funds are available in unappropriated
reserves and will be transferred to 100-2004-426700 (Tech
Services -
Other Professional and Consultant Services).Discussion: Barbara DeNiro, (address on file), suggested City
Hall be made into the library facility and City Hall be moved
into a more convenient location.Mayor Coontz advised Ms. DeNiro she could give her
suggestions to
the consultant for the project.ACTION: Authorized the Mayor and City Clerk to execute
on
behalf of the City.BIDS 2.8 Request Council authorization toinvite bids for
the demolition/remodeling of commercial property located at 490 S. Main Street (1435 W. La
Veta Avenue). (
p2500.0.
CITY COUNCIL MINUTES October 22,1996
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: The estimated cost of the project is $25,000 and will be funded
through Account No. 271-5011-483300-3227 (
Gas Tax Fund).ACTION: Approved plans and specifications and authorized
advertising for bids.2.9 Request Council authorization to invite bids for the Annual Service
Contract for Concrete Replacement at various locations, fiscal year 1996/97. (
C2500.M.8)FISCAL IMP ACT: The estimated work for Fiscal Year 1996/97 is $80,000
and will be funded through Account No. 262-5021-
427100 (Measure M Sales Tax).ACTION: Approved plans and specifications
andauthorized advertising for bids.2.1 0 Request Council authorization to invite bids for
the construction of wheelchair access ramps at various locations, Fiscal Year
1996/97. (C2500.M.8)FISCAL IMPACT: The estimated cost of the project is $140,
000 and will be funded through Account
No. 310-
6059-485100-1328-16113 (Community Development Block Grant Funds).ACTION:
Approved
plans and specifications and authorized advertising
for bids.CLAIMS
2.11 CLAIMS
FOR DAMAGES FROM:
a. Summer Smith b. June
Gerron c. Nancy
Smith d. George
and Angelina Castagna
e. Rachel Garcia
f. Penny Gottwald g. John Hurtado FISCAL IMPACT: None.ACTION: Denied claims
and
referred to City Attorney and Adjuster. (C3200.0)PERMITS 2.12 Request for a hauling permit
to import approximately 80,000 cubic yards offill material into Tract 13529,
Crawford Canyon Road
and Patria
Court. (
CITY COUNCIL MINUTES October 22,1996
2. CONSENT CALENDAR (Continued)
ACTION: Approved.
RESOLUTIONS
2.13 RESOLUTION NO. 8703
A Resolution of the City Council of the City of Orange notifying the Department of
Housing and Community Development of the State of California of the City Council's
intent to transfer the responsibility for enforcement of the Mobilehome Park Act to the
State. (M1800.M)
ACTION: Approved.
2.14 RESOLUTION NO. 8704
A Resolution of the City Council of the City of Orange concerning the status of the
Circulation Element for the City of Orange. (C2300.E)
ACTION: Approved.
2.15 RESOLUTION NO. 8706
A Resolution of the City Council of the City of Orange approving the application for
grant funds from the Orange County Urban Parks Program for the development of the
Handy Park concession/picnic shelter facility. (C2500.M.4)
ACTION: Approved.
2.16 RESOLUTION NO. 8707
A Resolution of the City Council of the City of Orange approving the application for
grant funds from the Orange County Urban Parks Program for the development of the El
Modena High School ball field lighting project. (C2500.N)
ACTION: Approved.
2.17 RESOLUTION NO. 8687
A Resolution of the City Council of the City of Orange overturning the denial of Major
Site Plan Review No. 16-96 by the Planning Commission and approving said Major
Site Plan Review for property located at the north end ofthe Orange Mall, addressed 2300
N.Tustin Street. (A4000.0
SPR-16-96)Major Site Plan
Review No. 16-
96 Wal-
Mart
CITY COUNCIL MINUTES October 22, 1996
2. CONSENT CALENDAR (Continued)
Discussion: Barbara DeNiro, (address on file), expressed concem with shopping carts
and safety issues ifWal-Mart were to go to a 24-
hour operation.The Director of Community Development responded Condition No. 14 requires
that Wal-Mart submit a plan of how they will deal with shopping carts. Condition No. 22
states "If Wal-Mart opens for business between the hours of 12:00 a.m. and 6:00 a.
m., they will deal with security issues". The City has not heard that they plan to
open
between these hours.The Interim City Attorney added that the condition also provides for the
Police of Chief to have the discretion to impose whatever additional security
measures he deems appropriate, which Wal-Mart must comply with. It is not a
negotiated agreement at that point; the City retains control and
the leverage
on it.
ACTION: Approved.SPECIAL EVENTS 2.18 Request from St. John's Lutheran Church Jubilate Choir to
conduct a Walk-a-Thon on Friday, November 29, 1996 from 9:00 a.m. until
12:00 noon. (
p1300.0.
9)FISCAL IMPACT:
None ACTION: Approved.UNAPPROPRIATED FUND TRANSFER 2.19 Request Council approve an unappropriated fund
transfer to provide a classification study and revision ofthe city-
wide performance evaluation system. (C2500.J.4)FISCAL IMP ACT: Approve $30,000 in
the unappropriated fund balance transfer to
100-0401-426700 (Other Professional and Consulting Services).Discussion: Barbara DeNiro, (address on file),
asked for an explanation of the item and why the City's needs an
additional $30,000 for the study and revision?The Personnel Director responded the program
was approved by Council last year as part of a commitment to
completely revise and review all existing classifications throughout the City to insure compliance with federal regulations
and rules. This is the first time in ten years the City has looked
at the employees job duties and responsibilities; good personnel practice dictates it has to be done
once every four years. Due to the outdated initial request in 1987 of $25,000, in
which there were 168 classifications; no firm would do it for less than approximately $50,000,
as today
there are
over
CITY COUNCIL MINUTES October 22, 1996
2. CONSENT CALENDAR (Continued)
MOTION - Spurgeon SECOND -
Murphy AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater All items on
the Consent Calendar were approved as recommended.END OF CONSENT
CALENDAR 3.REPORTS FROM
MAYOR COONTZ Tape 976 3.1 Recommend
consideration ofsupport of Proposition 218 - Fox Initiative (continued from October 8, 1996).
Mayor Coontz expressed her
support of Proposition 218 and indicated the need for it to be addressed, as the Council
had previously voted in opposition to Measure R, which was the County request for a
raise in taxation. Proposition 218 would be beneficial to the community and would address their
concerns about assessment districts. There are assessment districts in the 230 acres of
The Irvine Company lands and there are continual protests to those assessments and the Mello Roos.
The City Manager indicated
the irnpacts of Proposition 218 are not equally applied to all public agencies because many situations
are different. If Proposition 218 passes, a proactive role should be taken in educating
the property owners that are impacted and live in the assessment districts so they understand that
the measure requires a positive response, or they may defeat an assessment they may have
wished to have maintained. The three assessment districts are the Sycamore Crossing at Tustin
and Santiago Creek, east end of the City in the upper Peter's Canyon development, and a
smaller assessment district off of Meats Avenue for landscaped areas for slope maintenance.Assessments
are specifically targeted
by Proposition 218:All assessments, current and
future, are subject to the initiative process.Governments must estimate the
amount of special benefit received and base that assessment upon that amount -
no general benefits can be assessed.Subject to a majority protest (
as are current assessments).Must charge schools and public
agencies if in an assessment district, creating a larger expense for schools and public
agencies.Must hold a mail ballot
election to ratify assessment, which it estimated to be approximately $3,000 for the
1,622 parcels. There would be a different ballot for each assessment district. If the
assessment is ratified, the cost is passed on to the property owners increasing the assessment.
If it is defeated, the City must assume the cost.PAGE 7 II I
CITY COUNCIL MINUTES October 22, 1996
3. REPORTS FROM MAYOR COONTZ (Continued)
Only property owners can vote. This denies renters the right to vote and gives
property owners, regardless of where they live (out of state, out of county) a
proportional vote based on proposed assessment i.e. large commercial projects
overwhelm individual homeowners.
The assessment is passed if a majority of the returned ballots approve the assessment.
If 500 ballots are sent out and only 100 return, theoretically the assessment could be
defeated by 10.2% of the property owners.
Ifthe assessments are defeated in each Landscape Maintenance District, the City
would be required to spend approximately $460,480.73 to maintain the landscaping.
This does not include costs for the mail elections, hearing notices, hearings, and
engineer's report.
All the local taxes, assessment fees and charges may be repealed or reduced through the initiative
process. An initiative requires signatures of 15% of those who voted in the last gubernatorial
election, which is approximately 5,000 - 6,000 signatures, based on 54,000 registered voters in the
City. There was an approximate 62-65% voter turnout in the 1994 election. Forty percent of
the general fund is potentially at risk if Proposition 218 passes. All taxes would require a vote
and the general taxes require a majority; special taxes require a 2/3rd's vote.
There are non-property related fees that the City may increase should they feel the need. Fees
for Transportation Improvement Program are fees which the Council may levy to increase
or decrease without a majority vote, yet they are still subject to the initiative process. Fees
for general benefits, i.e. police, fire, and library are prohibited. The newer increased property
related fees and charges, with the exception of water, sewer and sanitation, are all subject to a
majority protest at the hearing and must gain voter approval. The City's water fee would be impacted
if Proposition 218 passes. Action would need to be taken before July 1, 1997, which provides
a period of time in which the City would be able to assess whether the water fees presently
charged match the services
provided.Councilman Spurgeon asked how water fees would be affected if fees were raised during
a drought, as was experienced in the past experience with Metropolitan Water District. The City
in turn, raised water fees on a pass-through basis. The City Manager responded he
could not answer his question at this time but would attempt to provide Council with
an answer.The Interim City Attorney stated a lot is not known about this law and an analysis would
need to be done before any definite answers could be given. There is an exception in the
initiative for water, sewer and trash charges. It is believed the charge would be exempt at least
from the protest hearing provisions; other parts of the law may apply to it and will have to be
sorted out.Councilman Murphy voiced his support of
Proposition 218.
PAGE
CITY COUNCIL MINUTES October 22, 1996
3. REPORTS FROM MAYOR COONTZ (Continued)
Councilman Slater stated the following for the record: "I strongly agree with the spirit behind
this initiative. We've all been nickled and dimed to death. Politicians lie, hide taxes, and I abhor
that. I am especially disappointed that Proposition 13 has been eroded so much; it is important
and has been important in the real industry; it has kept a lot people in their homes. However, I
have read this initiative and I have some fundamental concerns that are perhaps buried in the fine
print. There are really two. The first one is that it will require more bureaucracy and
administrative cost. The second one that I really am having the most trouble with, I guess, is that
foreigners, non-U.S. citizens, large land owners and so forth, are going to have the
opportunity with this initiative to actually have more votes than the citizens will. I have a problem with
that.My record the last two years has been one of fee and bureaucracy reduction in Orange and
it really seems that a lot of people want to jump on the 218 band wagon to look good. My
record over the last two years also shows that I am not one to play politics. I just feel I cannot
support an initiative that requires more bureaucracy and administrative costs. This will give more
votes to non-citizens and large corporations than to our regular tax
paying
citizens."
MOTION
SECOND
AYES NOES Mayor
Coontz Barrera
Murphy, Barrera, Mayor Coontz, Spurgeon
Slater Moved
to support Proposition 218.4.
REPORTS FROM COUNCILMEMBERS Tape 1763 4.
1 Request from Councilman Slater to leave the country November 6 through 24, 1996.Councilman
Slater indicated he was provided the opportunity to visit their sister cities in New Zealand
and Australia through the Sister Cities Association; Australia will be celebrating their 1
50th anniversary during his visit; and he will be paying his own expenses for the trip.MOTION
SECOND
AYES
Barrera
Murphy Murphy,
Barrera, Mayor
Coontz, Spurgeon, Slater Moved to approve.
PAGE 9 ITII
CITY COUNCIL MINUTES October 22, 1996
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 1815
5.1 Appointment of Wes Poutsma to the City Traffic Commission as the Orange Unified
School District representative to fIll the unexpired term of Joe Fortier, term to expire
6/30/2000. (OR1800.0.19)
MOTION
SECOND
AYES
Murphy Barrera
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved to approve
the appointment.5.2 Accept
resignation from Sandy Levine, effective October 8, 1996, from the Community Video Advisory
Board. Instruct the City Clerk to begin Maddy Act requirements. (OR1800.0.
28)MOTION SECOND AYES
Spurgeon
Murphy
Murphy,
Barrera, Mayor
Coontz, Spurgeon,
Slater Moved to accept the resignation, with
regrets.5.3 Quarterly Report from the
Investment Oversight Committee. (OR1800.0.27.16)The City Treasurer reported theInvestment
Oversight Committee has held extensive joint meetings with the Investment Advisory Committee
in the last three months. Comprehensive discussions were conducted to develop the
completely revised Statement ofInvestment Policy which was presented and approved by
the City Council on September 10. As a result of public comments received at the September 10
City Council meeting, another meeting of both committees was held to discuss incorporating
policy recommendations received from the public.Five of the seven recommendations received
from the public were incorporated into the Statement ofInvestment Policy and were taken
to the City Council on October 8th. On October 15, the quarterly meeting of the
Investment Oversight Committee was held. The main purpose of the meeting was to review any
recommendations of the Investment Advisory Committee. The Investment Advisory Committee had no additional
recommendations. There was a discussion regarding buying some of the City'
s Treasuries directly from the Federal Reserve bank and staff will be looking into this matter.
MOTION SECOND AYES Murphy Mayor Coontz
Murphy,
Barrera,
Mayor
Coontz,
Spurgeon, Slater Moved
to approve.PAGE 10
CITY COUNCIL MINUTES October 22, 1996
6.ADMINISTRATIVE REPORTS Tape 1911
6.1 Treasurer's Report - Period ending September 30, 1996. (C2500.F)The
Finance Director indicated the cash and investments were $105.7 million ending September 30,
1996, which was approximately $3.2 million lower than the period ending August, 1996, due to
debt service payments beginning in September. The Local Agency Investment Fund balance was $
6.4million. The Portfolio Yield to Maturity was 5.38%. There has been a positive movement
in market values which were 98.90% ending September, which is up from 98.53% in August.
The Portfolio Weighted-Average Time to Maturity is 1.63 years. The allowable
investments were considerably more conservative than the prior policy, and some investments in
the existing portfolio would not meet the standards of the new policy. Investments excluded
under the new policy are U. S. Agencies, Commercial Paper, and Investments to Fixed Rate
Instruments. When these investments mature, they will be invested in authorized investments of
the Statement of Investment Policy.
MOTION
SECOND
AYES
Murphy
Barrera Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to
receive.6.2
Report from the Public Works Director regarding award of contract for Santa Fe Depot Parking
Lot, Bid No. 967-08, Project No. SP 3166. (A2l00.0 AGR-2696)
RECOMMENDATION:
a. Award a contract in the amount of$5l5,852.58 to Hillcrest Contracting Inc. for Alternate IV
and authorize Mayor and City Clerk to execute the contract.
b. Appropriate available funds to the following accounts if all ornamental theme lighting is
desired: (Alternate IV)
540-5011-
485100-3006 -
500-5011-481101-3006 -150,
000 (Municipal Parking Lots)
100.760 (
State TCI)250,760 The Director of Public Works reported the project evolved over a period
of time with varying requirements which were imposed as time progressed. When the project went to
bid, it was short approximately $100,000 from the identified funding at that time vs.
the estimated project cost.The project was bid with six alternatives in order to provide an opportunity
to award a project ranging from a parking lot with approximately half of the parking that
could be provided and standard lighting to a project with 240+ parking spaces and an
ornamental theme lighting system.Maps were shown depicting the two alternatives to be considered.
The project with the ornamental lighting enhances the overall appearance of the parking lot and
the view of the parking lot from the depot; goes with the general theme for the Old
Town area;
CITY COUNCIL MINUTES October 22, 1996
6. ADMINISTRATIVE REPORTS (Continued)
enhances the quality oflife and the economic vitality of the depot area. Work on the project
would begin in approximately 90-120 days, depending on the delivery time of the lighting,
and the construction should be no more than 60 days. The parking lot is intended to meet the
needs of commuter parking problem in connection with the depot. There is an obligation under
the agreement with OCT A to provide sufficient parking spaces. OCT A gave $100,000
in Transportation Demand funding and funding was provided from several other sources. The
City Manager clarified the last page of the agenda report indicates $349,240 has been budgeted
and appropriated and an additional appropriation of $250,760 is being requested. No general
fund monies are going into the
project.Barbara DeNiro, (address on file), asked if the project is for the public parking lot west of
the depot and tracks and asked for an explanation of Old Town ornamental theme
lighting.The Director of Public Works explained the ornamental theme lighting is a period design
that would be compatible with the historic buildings in Orange and the historic elements of the
street scape that the City is trying to preserve and enhance. The lighting source is the same. It uses
a high pressure sodium lamp, the same as conventional lighting. Due to the arrangement of
the lights, it takes more of them to achieve the same level of illumination. The lighting will
be located on the west side of the tracks, the new parking lot, formerly owned by the
railroad
company.The City Manager added the extra lights will maintain the safety standards for the
area.Carole Walters, 534 N. Shaffer, expressed concern with safety and the "Old Town
lights".The Director of Public Works responded the proposed lighting will provide the same level
of lighting that could be achieved with the cobra head lighting. It is a high level light,
mounting heights between 20 and 25 feet, and because of the design of the fixture the lighting pattern
is much better controlled. The lighting will achieve the recommended levels of illumination
for parking
lots.Councilman Slater asked if the lighting style would exactly match the parking lot on the
east
side.The Director of Public Works responded he believed the lighting style is a
compatible ornamental type
light.MOTION -
Slater SECOND -
Barrera AYES -Murphy, Barrera, Mayor Coontz, Spurgeon,
Slater PAGE
CITY COUNCIL MINUTES October 22, 1996
6. ADMINISTRATIVE REPORTS (Continued)
Moved to award a contract in the amount $515,852.58 to Hillcrest Contracting, Inc. for Alternate
IV; authorize Mayor and City Clerk to execute the contract; and appropriate available funds to
the following accounts for all ornamental theme lighting:
540-5011-
485100-3006 -
500-5011-481101-3006 -150,
000 (Municipal Parking
Lots)100760 (
State TCI)250,760 7.REPORTS FROM
CITY MANAGER Tape 2574 The City Manager introduced the new Assistant to the City Manager,
Dave Kiff, and welcomed him to
the City of Orange.8.
LEGAL AFFAIRS Tape 2604 8.
1 ORDINANCE NO. 25-96 An Ordinance of the City Council of the City of Orange repealing Chapter
8.06 of the Orange Municipal Code and replacing it with a new Chapter 8.06 relating
to the abatement of
unattended shopping carts. (A2500.0)Barbara DeNiro, (address on file), requested an explanation
of the new replacement ordinance.The Police Chief reported the State passed a law regulating
shopping carts that becomes effective January 1,1997. The City of Orange has its own regulations relative
to shopping carts. The new ordinance brings the City's ordinance into alignment with the
State. Three areas of concern addressed in a recent letter received from the California Grocer'
s Association are as follows:Section 8.06.030A - Unattended ShoP'pini Carts - Removal (last sentence)- The
word "and"should be changed to "QI" relative to returning
the cart.Section 8.06.030B - UnattendedSho'ppin~ Carts - Removal- Did not agree with the City's
interpretation of the law relative to impounding carts. The California Grocer's Association
was concerned the City would impound carts and "create a danger for persons attempting to
utilize such carts or utilize such streets, sidewalks, or driveways".
Section 8.060.080 Removal Without Notice - The Police Chief indicated the California Grocer'
s Association is correct if only the first line is read; however, if the entire section is read,
there are incorrect.The
City's current shopping cart ordinance requires every grocery store with a certain amount of carts
to file a retrieval plan. This is addressed in the proposed ordinance in Section 8.06.080 Removal
Without Notice.PAGE
13 II
I
CITY COUNCIL MINUTES October 22,1996
8. LEGAL AFFAIRS (Continued)
The Interim City Attorney suggested the item be continued indicating he had not seen the letter
the Police Chief received from the California Grocer's Association.
MOTION
SECOND
AYES
Murphy
Spurgeon Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to
continue to the meeting of November 26,1996.9. RECESS
TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10.ORAL
PRESENTATIONS Tape 2944 Carole Walters,
534 N. Shaffer, expressed concern with the Old Towne Preservation Association's
petition for an historic district; suggested a public hearing be held to advise property owners
ahead of time; expressed dissatisfaction with the downzoning of property; and said that
City officials need to protect people and provide them with information.The City
Manager commented the City is trying to stay up on the issue of property which is considered for
the historical district; the City was not consulted with and does not control or have control over
it once the application has been made to the State. It was brought to the City's attention that
an application has been filed by the Old Towne Preservation Association with the State Office
of Historic Preservation. The application, according to OTPA, includes most of but perhaps not
all of the mile square of the Old Towne area. Additional areas outside the mile square may
also be included. The application is not considered complete by the State Office of Historic Preservation
and is not made available for review. Old Towne Preservation Association has not
yet made that application available to the City. The State Office of Historic Preservation believes there
may be a noticed meeting on the creation ofthis district sometime in February,1997, ifthe
application is completed, in which a case a notice would be sent to each property owner, and
the State would conduct the meeting. The actual decision would follow at a State Historic Cornmission
Meeting which could take place anywhere in California. Approval of the district needs
to be supported by 10% of the property owners; opposition by 51 % would stop the application.Mayor
Coontz
indicated the information relative to the rights ofthe City needs to be verified by legal documentation.
The City and community needs to know what properties are listed if approval of
the district needs to be supported by 10% of the property owners.Councilman Murphy
indicated he spoke with individuals at the State office. A package is being sent which
he will forward for Council's review and should provide some general information and a
contact person.PAGE 14
TIll
CITY COUNCIL MINUTES October 22,1996
10. ORAL PRESENTATIONS (Continued)
Socorro Baca, 313 N. Center Street, expressed concem with Old Towne Preservation Association
and their authority to submit a list to the State without approval of the elected officials of the
City. The OTPA also regulates the color property owners can paint their houses.
Mayor Coontz responded there was a lot of discussion about color, but upon reviewing the
design guidelines, the color requirement was removed.
Geneva Fulton, 456 S. Main Street, commented she hopes the money being spent on the depot
pays off; expressed concern with trucks parking in the lot at 408 S. Main Street; reported damage
to the sidewalk at 426 S. Main Street caused by the trucks; and commented on the business
license requirement to carry workers' compensation insurance on sales people.
Mayor Coontz referred Ms. Fulton to the Public Works Director and suggested the use of the
Mayor's Hotline, which provides a 48 hour response. The City Manager was directed to follow
through on the business license issue and will provide a response to Ms. Fulton and to the
Council.
Adele Graves, (address on file), read a statement regarding the removal of campaign signs.
Barbara DeNiro, (address on file), expressed appreciation to the Fire Department for their prompt
response in removing a tree limb which fell on an overhang to her neighbors house; indicated she
wrote a letter to the City Manager regarding items on the September 24th agenda which she had
not yet received a response; and requested the tree be taken out by the stop sign at Adams and
California because it creates a safety hazard.
The Director of Public Works responded a letter was sent to Ms. DeNiro regarding the tree near
the stop sign at Adams and California and the tree trunk is actually obstructing the sign. Council
policy has been not to remove healthy trees if there is a way to deal with the safety issue. A
larger stop sign with a "stop ahead" sign and "stop ahead" pavement messages would give
adequate warning at the location of the stop sign.
Mayor Coontz suggested the Director of Public Works further handle and discuss the issue with
Ms. DeNiro.
11. RECESS
MOTION
SECOND
AYES
Murphy Barrera
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater The City
Council recessed to Closed Session at 6:43 p.m. for the following purposes:PAGE1S rill
CITY COUNCIL MINUTES October 22, 1996
11. RECESS (Continued)
a. Conference with real property negotiator regarding acquisition of real property pursuant
to Government Code Section 54956.8; Properties: 127 East La Veta Avenue and 492 South
Orange Street; Negotiating Parties: Mr. and Mrs. Edward Banuelos; Under Negotiation: Price
and terms.
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City
negotiator: Personnel Director; Employee Organization: Orange Municipal Employees'
Association representing Professional, Technical & Clerical.
c. Public employment pursuant to Government Code Section 54957: City Attorney.
d. 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
Murphy
Barrera Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater The City
Council adjourned at 7:12 p.m. No action was taken in Closed Session.d1h~~CASSANDRA
I
A HCART, CMC CITY CLERK
PAGE 16