09-26-1995 Council MinutesCITY COUNCIL MINUTES SEPTEMBER 26, 1995
The City Council of the City of Orange, California convened on September 26, 1995 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 Dan Slater
1.2 ROLL CALL
PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT -
None 1.3
APPROVAL OF MINUTES Special Meeting -
September 6, 1995 MOTION - Murphy SECOND -
Barrera AYES - Murphy,
Barrera, Mayor Coontz,
Spurgeon, Slater ACTION: Approved.Adjourned Special Meeting - September
11, 1995
MOTION - Murphy SECOND - Barrera AYES - Murphy, Barrera,
W..ayor Coontz,
Spurgeon, Slater ACTION:
Approved.Regular Meeting - September 12, 1995.MOTION - Slater SECOND -
Barrera AYES -
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater
ACTION: Approved.1.
4 PRESENTATIONS/ ANNOUNCEMENTS/
INTRODUCTIONS Resolution No. 8500 was presented to Richard
Block of
the Public Works Department,commending
him for more than 32 years ofloyal and dedicated service.PAGE 1
CITY COUNCIL MINUTES SEPTEMBER 26, 1995
1.5 PROCLAMATIONS
A Proclamation was presented to Sister Suzanne Sassus St. Joseph Health System
Foundation, honoring them for their generous donation to Orange Cares.
2.CONSENT CALENDAR TAPE 256
2.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda
of a regular meeting of September 26, 1995 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.
2.2 Request Council confirmation of warrant registers dated September 8 and 12, 1995.
ACTION: Approved.
2.3 RESOLUTION NO. 8520
A Resolution of the City Council of the City of Orange approving the reclassification of
one Senior Library Assistant (position #198 at Range 369 - $2246-$2281) to the classification
of Librarian I (Range 390 - $2495-$3199); one Senior Library Clerk position #255
at Range 329 - $1840-$2360) to the classification of Library Assistant Range 349 - $2033-$
2607); and one Library Clerk (position #632 at Range 300 - $1592-2043) to the classification of
Senior Library Clerk (Range 329 - $1840-$2360).C2500.I)ACTION: Approved.2.4
RESOLUTION NO.
8521 A
Resolutionof the City Council
of the City of Orange amending the Fiscal Year 95-96 Budget; approving the reclassification of
one Surveyor II (position 373; Range 390 -2495-$3199) to Engineering Technician I (
Range 390 - $2495-$3199) and directing staff to amend the position control system to
reflect this change. (C2500.M)ACTION: Approved.2.5 Request from Orange
Host Lions
Club for permission to conduct a Friendship Festival on the Portola School grounds on October 27,
28, and 29, 1995. (p1300.0.9)FISCAL IMPACT: None. All fees and requirements
will have been met prior to the event.PAGE 2
CITY COUNCIL MINUTES SEPTEMBER 26, 1995
2. CONSENT CALENDAR (Continued)
Discussion: Carroll Johnson, commented the Friendship Festival raises funds to purchase
eyeglasses for blind children.
ACTION: Approved.
2.6 Request Council authorize payment of billing from City of Anal1eim for 1-5
Consultant Services and appropriate funds from TSIP unappropriated reserves. (AZI00.0.Agr.
2046)FISCAL IMPACT: Appropriate $15,860.30 to TSIP Area B Fund, Account No.
284-
5011-483300.
ACTION: Approved.2.7 Request approval for purchase of land for Metrolink parking lot adjacent to and
west of existing Santa Fe Station, running from Chapman Avenue to Palm Avenue. (p2500.
0.1)FISCAL IMP ACT: Funds are available in Southwest Project Area
Tax Exempt Redevelopment Fund 924 to be appropriated to 924-9811-485100-
3006 in the amount of 400,000. Additional funding in the amount of $400,000 is
available from a state TCI Grant and has previously been appropriated in
the
DPW Improvement Fund 550-5011-481101-3006.Discussion: Barbara DeNiro, 1118 E. Adams,
commented the purchase is $588,000 and
asked where the $212,000 went to?The Director of Public Works explained the balance of the
funds over the $588,000 is for the design and construction of the improvements
to
the parking
lot for the Metrolink facility.
ACTION: Approved.2.8 RESOLUTION NO. 8519 A Resolution of the City Council of the City
of Orange approving lot line adjustment LL 95-7 adjusting a lot line of certain real property situated at
Lot 19 and Lot C
of Tract
No.8809. (C2500.M.16.1)ACTION: Approved.2.9 Request Council award Bid No. 956-
06, SP 3143 to B-1 Enterprises Corporation in the amount of $
129,840.00, for
Wheelchair Access
CITY COUNCIL MINUTES SEPTEMBER 26, 1995
2. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: No impact since Federal ADA Improvement Grant funds have been
allocated in Account No. 310-6058-475100-1328 - $143,000 for the
contract award,engineering, inspection, contract administration costs and change orders to
the contract.ACTION: Authorized Mayor and City Clerk to execute on behalf of
the City.2.10 Request Council approve water service connection agreements
for Allen-McColloch Pipeline turnouts OC-67 and OC-69 between the City of
Orange and the Municipal Water District of Orange County. (
AZ100.0.Agr.
2280.1)FISCAL IMPACT: None.ACTION: Authorized Mayor and City Clerk to execute agreements
on behalf of the City.2.11 Request from Mail Boxes Etc. for a 'median break' on
Jamboree Rd. south of Chapman Ave. to provide left-turn access into the Albertson's
Shopping Center. (S4000.
S.3.
3)FISCAL IMPACT: None.ACTION: Denied.2.12 Request for appropriation of $14,026.35
from Unappropriated Reserves, TSIP Area B _West Orange Funds to be
transferred to Account No. 284-5032-483100-0000. The requested appropriation is to pay
for signal and street striping work done in conjunction with the construction of FireStation NO.
6 on The CityDrive. (S4000.S.3.3)FISCAL IMPACT: $14,026.35 is available in
the
TSIP B -
West Orange Funds for this appropriation.ACTION: Approved.2.13 Request authorization to approve
a Deferred Payment Loan and authorize the Treasurer to prepare a warrant in the amount of $25,000 for
Case No. 586. (C2500.G.1.3.3)FISCAL IMP ACT: Funds are budgeted
in
the Deferred
Payment Loan Account, No. 315-6052-811501-0000.ACTION: Approved.2.14 Request Council approve a $30,
000 Small Business Loan to James Harris to assist in
meeting economic development objectivesof
the Community
CITY COUNCIL MINUTES SEPTEMBER 26, 1995
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds in the amount of $30,000 are available to be drawn and
transferred from Account No. 310-6042-465702-1290 (CDBG
Small Business Loan Program) to Fund 315 (CDBG Loan PrOgranl). The loan account number
assigned to this
project is 315-6052-840000-20034.ACTION: Authorized Executive Director to
execute on behalf of the City.2.15 Request Council approve a $20,000 Small Business
Loan to Melinda McKinney to assist in meeting economic development objectives
of the Community Development Block
Grant Program. (C2500.G.1.3)FISCAL IMP ACT: Funds in the amount of $20,000
are available to be drawn and transferred from Account
No. 310-6042-465702-1290 (CDBG Small Business Loan Program) to Fund 315 (CDBG
Loan Program). The
loan account number assigned to this project is 315-6052-840000-
20033.ACTION: Authorized Executive Director to execute on
behalf of the
City.2.
16 CLAIMS FOR
DAMAGES FROM: (C3200.0)Maria T. Mendoza Jay Photoglou FISCAL IMPACT:
None.ACTION: Denied claims and referred to City Attorney and Claims Adjuster.2.
17 Request Council approve allocation of $36,000 from General
Fund Unappropriated Reserves for the purchase of emergency medical supplies. (C2500.H)
FISCAL IMPACT: Additional appropriation
in the amount of$36,000 required from General Fund Unappropriated
Reserves.Discussion: Barbara DeNiro, 1118 E. Adams, asked when will the Emergency Transportation System take
effect;
is this a necessary action; and who gets billed for these supplies?The Acting Fire
Chief responded the City can no longer obtain medical supplies from UCI.When
the Emergency Transport Program goes into effect, the City will begin charging patients
for those supplies and recoup this money. The Emergency Transport Progranl is
scheduled to
take effect
CITY COUNCIL MINUTES SEPTEMBER 26, 1995
2. CONSENT CALENDAR (Continued)
2.18 Request Council approve the purchase of 6 defibrillators in the amount of $49,954.40
from the sole manufacturer/vendor, ZOLL Medical Corporation, for the Fire Department
Emergency Transportation Progran1. (C2500.H)
FISCAL IMPACT: Funds previously appropriated in Account No. 120-
3022-471301,Prop. 172, Furniture, Machinery, Equipment Additions ($17,954.40) and
Account No.125-3015-471301, Emergency
Transportation, Furniture, Machinery,
Equipment Additions ($32,000).Barbara DeNiro, 1118 E. Adams, asked were these not
required before with the Paramedic Service, but needed now? Also an explanation of costs
regarding the $36,000 and the $49,000, which were part of the presentation request of August 8th
for the loan of 375,000 as well as other costs for the 1995/96
operations, including the operating expenditure of $30,
000 for basic equipment.The Acting Fire Chief reported the purchase of the 6 defibrillators is part
of the budget for the Emergency Transport Program. This request is to buy from a sole
source in order to have standardization in the Fire Department. According to Federal
law hospitals are not allowed to provide medical
supplies for
emergencyresponse.ACTION: Approved.2.
19 RESOLUTION NO. 8522 A Resolution of the City Council of the City of Orange
expressing appreciation to Gilbert Lee Upchurch of the Orange Public Works Department, and
commending him for more than 29 years ofloyal and
dedicated service. (
C2500.M)ACTION: Approved.2.
20 RESOLUTION NO. 8523 A Resolution of the City Council of the City of Orange extending
the effective date of Resolution No. 8324 between the City of Orange and
the Police Management Association to May 31, 1996 and further amending said
Resolution as described herein.C2500.
J.4.
2.1)ACTION: Approved.2.21 Status report on the Katella Avenue Corridor
Re-Zoning Study. (C2500.
G)
CITY COUNCIL MINUTES SEPTEMBER 26, 1995
2. CONSENT CALENDAR (Continued)
MOTION - Barrera SECOND -
Murphy AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater All items on
the Consent Caleodar were approved as recommended. Councilman Slater abstained on Item
2.7. Discussion ensued on items 2.5,2.7,2.17 and 2.18.END OF CONSENT
CALENDAR 3.REPORTS FROM
MAYOR COONTZ TAPE 508 3.1 Report
on Orange County Investment PooL (C2500.F - ND)Mayor Coontz gave the
following remarks: "On December 6, 1994 the City's investment in the Orange county investment pool
was $28.19 rni1lion which represented 22.25% of the City's total investment portfolio of $126.
73 rni1lion at that time. To date, the City has received $22.4 rni1lion,or 80"10, of
the City's investment back. In accordance with the generally accepted accounting practices, as of June
30, 1995 the City has written off the books the remaining 20%. Under this practice receivables must be
due within one year and it is unlikely the City will receive any recovery of the remaining
20"10 within the year.The City has an
agreement in place which the bankruptcy court has approved which gives the City a secured claim amounting
to 9.54% of the City's investment. These secured claims amount to 2.69 million for
the City. In a spirit of compromise, the Consensus Plan, crafted by the Business Council and approved by
the Legislature, places the secured claim behind other claims. As of this writing the authorizing bills
have not yet been signed into law by the Governor.Assuming the plan is
signed into law, it must still be approved by parties to the bankruptcy,bankruptcy court, and survive
several implementation challenges, including a plan to import trash from outside the county
and a significant County borrowing in the municipal bond market. The parties to the bankruptcy
include, but are not limited to, all of the cities.Under the Consensus Plan,
the City is entitled to participate in the net litigation proceeds from the lawsuit against Merril Lynch
after the first net $53 million is distributed to the schools. The Consensus Plan will follow
the four basic principles of the City: 1) Tax fee charge or rate increases should not be
any part of the bankruptcy recovery solution whatsoever. 2) The municipal revenues should not
be used to bail out the crirninal acts of the former County Treasurer. 3) That the
largest portion of the solution should come from within Orange County Government itself. 4) That
municipal investors should retain at least a partial priority position with respect to litigation
proceedings.There are several areas
of impacts beyond the investment end of the pool. The City of Orange has an intersection widening project
where the City needed to condense some property. A $1.5 rni1lion condemnation deposit was
made with the Court system by the court just one week prior to PAGE 7
CITY COUNCIL MINUTES SEPTEMBER 26, 1995
3. REPORTS FROM MAYOR COONTZ(Continued)
the bankruptcy. Under the Consensus Plan the City should be able to receive 100% repayment on
these funds deposited with the County Court. Cities with large county operations within their city
limits can be general creditors for city services provided the County prior to December 6th. The
county owes the City of Orange $24,000 in water bills. Under this Consensus Plan this amount
would be paid back. Regarding the City's share of the 1% property tax, the County is witWlolding
more than $130,000. Under the Consensus Plan the City would receive this money over a 20 year
period without interest which is approximately .50 cents on the dollar. Overall the City faired
pretty well in the bankruptcy recovery legislation. "
NOTE: For motion, see Item 3.2.
TAPE 662
3.2 Report on Orange County League of Cities' proposal for restructuring local
government. (ORI800.0.12 - ND)Mayor
Coontz reported the proposal focuses on how local government might be restructured to provide
greater accountability to achieve greater efficiency and effectiveness in delivering local government
services and to better prepare the local government's structure for service requirements
for the next century. When the final report arrives, the Council should review it and be
prepared to vote on this issue.Carole
Walters, 534 N. Shaffer, commented that the League of Cities members have a conflict of interest
because they participate on other boards. The residents will be attending the Board of Supervisors
meeting tonight to present another charter which will bring government back to the people.
Mayor
Coontz indicated the report will be available shortly and a copy will be made available for Carole
Walters.MOTION
SECOND
AYES
Barrera
Slater Murphy,
Barrera, Mayor
Coontz, Spurgeon, Slater Moved to receive and
file Item 3.1 and 3.2.3.3 Update on
railroad crossings. (S4000.S.7)TAPE 783 The Director of Public
Works was requested by the Mayor to report on this issue. Senator John Lewis and Assembly member
Conroy have been enlisted to assist the City on this issue. There are seven railroad crossings that
need to be upgraded. The crossing on Glassell near KateUa was completed and a tentative
schedule for the week of October 2nd for the next crossing on Main near Katella and Taft.
Also spur lines are in need of repair. The schedule for the remaining five PAGE 8
CITY COUNCIL MINUTES SEPTEMBER 26, 1995
3. REPORTS FROM MAYOR COONTZ (Continued)
crossings is undetermined and the railroad's requirement for a closure ofKatella for 5 days has not
been resolved. Additional costs have been incurred on the first crossing which amounted to
10,000. Additional funds for the rest of the crossings will be needed, however Measure M funds
are available.
The City is pursuing the possibility of abandoning crossings at Glassell south of Fletcher and
Tustin north of Trenton. Mr. Norm Philips has been very involved and committed to solving
these problems.
Mayor Coontz acknowledged stafi's work on this issue and thanked Mr. Philips for his tenacity
and assistance.
MOTION
SECOND
AYES
Murphy
Barrera Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to
accept the oral report.4.REPORTS
FROM COUNCILMEMBERS TAPE 1005 4.1
Update from Abandoned Grocery Cart Ad Hoc Committee. (OR1800.0.1.11)Councilman Slater
reported the committee has met twice and the next meeting is scheduled for October 4th.
The committee is moving toward an abatement ordinance where the City would require grocery
stores to provide a plan of retrieval. This committee is committed to resolving this situation.
Police Lieutenant
Bob Gustafson indicated a draft abatement ordinance will be sent to the City Attorney's
office by next week, and distributed to Council for their comments. Sections from Costa Mesa,
Glendale and Downey's abatement ordinances were included. It was reported that some of
the cart services are going out of business. The 800 number has been disconnected for cart retrieval.
Discussions have taken place with the Community Services Manager for cart collection by
his staff.Chief Robertson
commented that the cities that have the abatement ordinances still have this problem. The
abatement ordinance is the first step in getting the stores to be responsible for getting the
carts back.Mayor Coontz
instructed the 800 number posters be removed wherever they are posted.PAGE 9
CITY COUNCIL MINUTES SEPTEMBER 26, 1995
3. REPORTS FROM MAYOR COONTZ (Continued)
MOTION
SECOND
AYES
Barrera Slater
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved to accept
the oral report.NON-AGENDA ITEMS
Councilman Spurgeon -
Senate Bill 2 - Term Limits, effective January 1, 1996.Councilman Spurgeon requested the
City Attorney provide Council with a report on the City's options regarding this issue.
The City Attorney responded
the report will be on the October 10th Agenda.Councilman Slater - Placement of
City Treasurer on the ballot.Councilman Slater requested this item
be agendized in the near future. Mayor Coontz indicated she had talked to a
person that was interested in presenting this to Council.Councilman Slater - Request Permission to
leave the State from October 13 through the 22,1995.MOTION SECOND AYES Murphy Spurgeon
Murphy,
Barrera,
Mayor
Coontz,
Spurgeon,
Slater Moved
to approve the request.Councilman Spurgeon - Water
Service/Paramedic Subscription Service Complaint.
Councilman Spurgeon indicated the followingcomplaint had come to
his attention. When a person signs up for water service there is nothing
on the application that indicates there is an option to pay for paramedic subscription service. Apparently, this
person had to call the paramedics and was unaware of the service and received
a bill. Representatives from the Fire and Water Department resolved the problem.The Interim City Manager
indicated it is an annual
subscription program, but will be offered on an ongoing basis with a smaller amount of$6.00
on each water bill throughout the year.Council discussion ensued that a report be provided on
revisions to the application, with a signature block that would allow the person to indicate
whether they want tho service or not. The whole issue needs to be addressed. The Interim City
Manager will provide the report.PAGE 10
CITY COUNCIL MINUTES SEPTEMBER 26, 1995
NON-AGENDA ITEMS (
Continued)Carole Walters, 534 N. Shaffer, commented there is no application fonn. This problem
has happened to a lot of people. Also, the Water Department is not open on Friday which is
an inconvenience. People have to be told of the Paramedic subscription
service.5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS-
TAPE 1527 5.1 Accept the resignations of Beau Shigetomi and Robert Hornacek from
the Design Review Board. (OR1800.0.
8.
1)
MOTION
SECOND AYES
Spurgeon
Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater
Moved to accept the resignations.
5.2 Reappointment of the following members of the Design Review Board, terms to
expire 9/30/99: (OR1800.0.8.1)
Erika Wolfe, Steven Prothero, Steve McHarris
Discussion: Council requested the following issue be agendized and requested a report containing
how many DRB appeals have occurred throughout the years, how DRB can be more user
friendly, and an activity level history. DRB minutes should be submitted and should reflect both
sides of the issues presented.
The Director of Community Development indicated the report would be available within the next
week.
MOTION
SECOND
AYES
Spurgeon Murphy
Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to
approve the reappointments as listed.6.ADMINISTRATIVE
REPORTS TAPE 1769 6.1
Treasurer's Report for August, 1995. (C2500.F)MOTION SECOND
AYES
Barrera
Slater
Murphy, Barrera,
Mayor Coontz,
Spurgeon, Salter Moved to accept the report.
PAGE 11
CITY COUNCIL MINUTES SEPTEMBER 26, 1995
6. ADMINISTRATIVE REPORTS (Continued)
Discussion: Councilman Spurgeon asked the status of the recruitment efforts for the Advisory
Investment Manager. The Interim City Manager responded he is working with the Finance
Director on the RFP guidelines and proceeding as directed by Council to search for an outside
agency to assist with the selection.
TAPE 1855
6.2 Request from Robert Mickelson of Parkridge Development to complete ultimate
street improvements and landscaping ofLoma Street - Mesa Drive to Via Escola.T4000.
0)Bob
Mickelson, 121 W. Rose, representing Tracy and Parkridge Development commented as the new
tracts come on sale, that the prospective buyers will drive past a nicely landscaped median rather
than what has been there. The landscaping plan is to be submitted to the DRB, but paving can
begin as soon as possible.The
Director of Public Works gave an overview of the project's history. The request is that the ultimate
street improvements be made at this time, including the landscaping, but the work will adhere
to the original decision made by Council in 1985. In addition to striping out the area, it was
proposed to leave the berm in place along most of the edge of the roadway; add some additional
pilions and extend the berm if there are some areas where access could occur that are not
properly controlled. It was also noted that the area will have to have new sandbags at this time.
Bob
Bennyhoff, 10642 Morada Dr., spoke in favor of the request.MOTION
SECOND
AYES
Murphy
Mayor
Coontz Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved to approve
the request.7. REPORTS FROM
CITY MANAGER - None 8. LEGAL AFFAIRS 8.
1 ORDINANCE NO.
14-95 An Ordinance of
the City Council of the City of Orange amending Chapter 10.06 of the Orange Municipal Code regarding
the City Traffic Commission. (A2500.0. City Traffic Commission)MOTION SECOND AYES
Murphy
Slater
Murphy,
Barrera,
Mayor Coontz,
Spurgeon, Slater That Ordinance No. 14-95
have second reading waived and be adopted and same was passed and adopted by the preceding
vote.PAGE 12
CITY COUNCIL MINUTES SEPTEMBER 26, 1995
8. LEGAL AFFAIRS (Continued)
8.2 ORDINANCE NO. 15-
95 An Ordinance of the City Council of the City of Orange amending Section 10.14.050 of
Chapter 10.14 of the Orange Municipal Code Pertaining to Speed Limits. (A2500.0 - Speed Limits)
MOTION
SECOND
AYES
Slater Coontz
Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance
No. 15-95 have second reading waived and be adopted and same was passed and adopted
by the preceding vote.8.
3 ORDINANCE NO. 16-95
An Ordinance of the City Council of the City of Orange amending Section 17.14.060 to the
Orange Municipal Code relating to Accessory Second Housing Units. (A25oo.0.Second Unit
Housing)
Amendment: 3-
95
MOTION
SECOND
AYES Barrera
Spurgeon Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance
No. 16-95 have first reading waived and be adopted and same was passed and adopted
by the preceding vote.9.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10.
ORAL PRESENTATIONS Barbara
DeNiro, 1118 E. Adams, ren1inded Council it is not the grocery stores that are stealing the
carts, but the people. Ms. DeNrro suggested a clock be installed in order for the public to see the
time when speaking at the podium. Also, it was asked who follows up on conditional use permit
conditions, that they are in place before projects proceed? What happens to the $36.00 fee paid
since the inception of the Paramedic Program and never used?Mayor
Coontz indicated the staff follows up to make sure conditional use permit conditions are met.
The
Interim City Manager explained the $36.00 paramedic fees collected are used to help balance the
budget and are expended on certain programs.Carole
Walters, 534 N. Shaffer, requested a study session with Council on the conditional use permit
process as it would relate to nightclubs for teens.PAGE
13
CITY COUNCIL MINUTES SEPTEMBER 26, 1995
10. ORAL PRESENTATIONS (Continued)
The Chief of Police reviewed the process to revoke the CUP.
Council discussed having some type of trigger for a review of the CUP conditions. The Interim
City Manager was instructed to provide Council with a review of the CUP process and legal
implications.
Nick Lall, 6231 Mabury, expressed concern regarding the rules being changed on the Consent
Calendar. It limits the speakers time to three minutes, not per issue on the Consent Calendar.
Mayor Coontz responded this has been the way it has always been done. The staff reports are
available and staffis always available to answer questions citizens might have before the Council
meeting.
11. RECESS
MOTION
SECOND
AYES
Murphy
Barrera Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater The City
Council recessed at 6:15 p.m. to a Closed Session for the following purposes:a. Conference
with Legal Counsel - existing litigation pursuant to GovernR1ent Code Section 54956.9(a):
City of Orange
vs. James Daum, et aL, Orange County Superior Court Case No. 73-86-30.Bankruptcy
Petition of County of Orange, U. S. Bankruptcy Court Case No. SA 94-22272.
Claim of Lara Lee Bevington
b. Conference with Legal Counsel - anticipated litigation.Initiation
oflitigation pursuant to GovernR1ent Code Section 54956. 9( c) (one potential case).c.
Employee appointments pursuant to GovernR1ent Code Section 54957: Pennanent City Manager.
d.
To consider and take possible action upon such other matters as are orally am10unced 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.PAGE
14
CITY COUNCIL MINUTES SEPTEMBER 26, 1995
7:00 P.M. SESSION
12. INVOCATION
Pastor Steve Janssen, First Presbyterian Church
12.1 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Dan Slater
12.2 ANNOUNCEMENTS - None 12.
3 INTRODUCTIONS - None 12.4
PROCLAMATIONS - None 12.5 PRESENTATIONS
a. Resolution No.
8522 was presented to Lee Upchurch, honoring him on his retirement after more than 29
years of service to the City of Orange.b. Presentation of
Miss Orange portraits.Jill Connolly, 1995,
Angela O'Neil, 1994, ChristyHayes, 1993 13.PUBLIC HEARINGS
TAPE 3236 13.1 TRANSPORTATION
SYSTEM IMPROVEMENT PROGRAM, CITY OF ORANGE: (A2500.0 -
TSIP Fees)Time set for a
public hearing on petition by the City of Orange to consider the Transportation System Improvement Program (TSIP)
and adoption of a new fee structure.FISCAL IMPACT: Program designed
to generate $67,872,000 in fee revenue to be used for approved street and highway
improvement projects in TSIP Aeas B and C.MAYOR COONTZ OPENED THE
PUBLIC HEARING.The City Traffic Engineer
gave an overview of the Transportation System Improvement Program TSIP Area A includes
the Town & Country, Main Place and LaVetalMain Corridor area. TSIP Area B is the
area west of the Costa Mesa (SR-55) Freeway, TSIP Area C is the area east of the Costa Mesa (SR-
55) Freeway.Since the
1988 program revisions, the following two mandates relative to transportation fees have occurred: 1)
Measure M requirement that a transportation impact fee be in effect for City eligibility in
that program, and 2) the am1ual adjustment offee rate changes would require a noticed public
hearing.PAGE 15
CITY COUNCIL MINUTES SEPTEMBER 26, 1995
13. PUBLIC HEARINGS (Continued)
The proposed 1995 program revisions are as follows: As the current TSIP has matured over the
past seven years, both staff and program participants have found areas within the program fonnat
that would benefit from change, additions and refinement. Program revisions for Area A, which is
a Joint Powers Authority (JP A) will be reviewed by the Cities of Orange and Santa Ana and
modifications similar to those proposed for Areas B and C may be submitted to their respective
Council for consideration. It should be noted that projects appearing on the respective Area
project list are not exempt from any City Councilor enviromnental approval.
A Policy and Procedures Manual has been developed. The project list has been revised for Areas
Band C. These projects would be needed as a result of increasing local or regional traffic. Also,
those projects that are mitigation measures for approved development or redevelopment. This
new project list includes project costs and estimated year of development or implementation and
participating funding as applicable. Also, included is the added cost of all project right-
of-way.Right-of-way can constitute more than 75% or more
of a project cost.Table I for TSIP Areas B and C was explained and it was noted
fee revenue, estimated at 67,800,000 with Measure M participation could be leveraged to a total
project fund available
at 149,179,000.Table 2 depicting the revised land use designations was explained. There are
three new land use designations in TSIP Area B: Medical
Office, Educational and Warehousing.Table 3 - outlined four fee rate alternatives for Area B. The actual fair share cost
represents a fee structure where each land use is responsible for only its respective share of the
program cost. The residential fee rate was established below the fair share rate by Council. It was
also the decision by the Council to maintain a lower than actual commercial rate with the
fee revenue reduction being subsidized by the Redevelopment Agency. There were no adjusted fee rates
for Area C.The accrued Redevelopment Agency subsidy of Area B todate is approximately $
865,000. The TSIP has not requested that this subsidy be reimbursed. The agency does have
funds available to make this reimbursement if
the need arises.Table 10 _ Comparative Transportation Fees - compares Area B and C with the City
of Anai1eim,high rate - the Stadium area; the low rate - spread throughout the City, City of Santa Ana, highest
and lowest rate, City of Irvine, high rate and flat rate, and with the City of Fullerton that has a
single city rate. However, infOffi1ation was not available to us on their land use classification
TSIP rates or their alternate funding sources.
Staff's recommendation is to approve the revised TSIP policy and procedures document, the
project list and fee structures for Areas B and C, and direct the City Attorney to prepare the
ordinance and resolution, setting the ordinance for frrst reading.
Four alternatives recommended by staff depicted on Table 3 were reviewed.
PAGE 16
CITY COUNCIL MINUTES SEPTEMBER 26, 1995
13. PUBLIC HEARINGS (Continued)
Alternatives 3 and 4 reflect the Study Session concerns from Council regarding the comparison of
commercial and medical fees. Hoag Memorial Hospital in Newport Beach is $5.58 per sq. foot,
and the Fullerton medical area is indicated on Table 10.
Council discussion ensued that based on the assumed subsidies, what is the total amount of tax
increment funds needed from the Redevelopment Agency? A further discussion item was what
impact was a $50 increase in the Area B rate for residential would have on the office rates.
The Director of Public Works commented that the residential land use is approximately 11% of
the total, and if there was a 10"10 increase in the residential rate the other rates would be affected
by 1 or 2%. Further, the total Redevelopment subsidy is estimated at $6.6 million over a 20 year
period. $865,000 has been accrued to date. Most of that expenditure would be in the later years.
The average would be approxinlately $330,000 per year.
The City Traffic Engineer explained that all four alternatives produce identical fee revenues. The
only difference between the four is how the distribution of payment is affected by adjustments and
subsidies. Council always has the option of approving any TSIP project and it has to be included
in the Capital Improvement Program, which offers a double review.
The following people spoke:
Bob Mickelson, 121 W. Rose, representing the Chamber of Commerce, distributed a letter to
Council. It is the chamber's goal to have the City at a competitive advantage with other cities
regarding development fees. The Chamber would request a compromise for Medical Office rates;
the $7.25 was too high. Altemate 4 places this rate at $2.95, the same as General Office. Mr.
Mickelson felt the Chamber would support Alternate 4 as a reasonable approach to move
forward.
Paul Pursell, 2700 Dunston Avenue, Tustin, representing St. Joseph Hospital, indicated a letter is
forthcoming outlining the hospital's concerns. It was suggested that they would be in support of
Alternative 4 as a being reasonable, but requested additional time to work with the City if Council
does not support Alternative 4.
THERE BEING NO FURTHER COMMENTS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
MOTION
SECOND
AYES
Murphy Coontz
Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to
approve the revised TSIP Policy and Procedures Document, Project List and Fee Structure for
Area B, Alternative 4 with adjusted medical and subsidized Commercial and Area C as proposed,
and direct the City Attorney to prepare the effectuating Ordinance and Resolution and set
for first reading.PAGE 17
CITY COUNCIL MINUTES SEPTEMBER 26, 1995
13. PUBLIC HEARINGS (Continued)
TAPE 5213
13.2 CONDmONAL USE PERMIT 2114-95, ACCESSORY SECOND
DWELLING UNIT, ROBERT L. SETTEN,
SR.Time set for a public hearing on petition by Robert L. Setten, Sr. to consider Conditional
Use Permit 2114-95, a proposal to convert the second story ofan accessory building into
a dwelling unit on a single family residential property. The property is located at 282 N.
Magnolia St.
C33oo.0)NOTE: This project is categorically exempt from California Enviromnental Quality
Act (CEQA)per State CEQA Guidelines
Section 15303.MAYOR COONTZ OPENED THE
PUBLIC HEARING The Director of Community Development reported the applicant has a one story
single family residence, 1,000 sq. ft. in size. Additionally, there is a two-story second building to
the rear of the single fan1i1y residence with a 3-car garage, workshop, kitchen and
other living space. This accessory structure is not legally considered a living unit. A modification is
proposed to allow it to be occupied as an accessory second unit and to address several of
the long standing neighbor complaints. If approved, the accessory second unit would be a separate living
unit and allowed to be rented out to an additional family. It or the primary unit would be required
to be occupied by the property owner. This proposal is consistent with the State of
California requirements and is consistent with development
standards of City ordinance.Modifications to the structure would include removal of the stairs located on the
west side of the structure, south side balcony, a portion of the second floor roof creating a sun
deck screened by a four foot screen wall. Eves on the north side of the structure would be
shortened to address a concern by a property owner. Windows would be changed on the north and
west sides of the property to be smaller and higher off the floor level to address a privacy
and security concern of adjacent neighbors. The kitchen on the first floor would be removed
and the interior stairway would be removed. The three-car garage and workshop would remain and
above that, a 640 sq.ft. accessory second
unit with a sun porch.The Planning Commission held their public hearings and
have recommended approval
of the proposal with conditions.The
following people spoke in favor:Tom Terry, Architect, Western Pacific
Rim, 520 Labor, Newport Beach
Bob Mickelson, 121
W. Rose Robert Setten, Sr.THERE BEING NO FURTIlER SPEAKERS,
MAYOR.
COONTZ CLOSED
CITY COUNCIL MINUTES SEPTEMBER 26, 1995
13. PUBLIC HEARINGS (Continued)
MOTION
SECOND
AYES
Slater Mayor
Coontz Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved that this
project is categorically exempt from California Environmental Quality Act CEQA) per State
CEQA Guidelines Section 15303.MOTION SECOND AYES
Slater
Mayor
Coontz
Murphy, Barrera,
Mayor Coontz, Spurgeon,
Slater Moved to approve Conditional Use Permit
No. 2114-95 as outlined in Planning Commission Resolution No. PC-23-95.
TAPE 5875 13.
3 POTENTIAL
REVOCATION OF CONDmONAL USE PERMIT 1998-92, THE TUNNEL (CLUB
REMIXX PRODUCTIONS): (C3300.0)Time set
for a public hearing on petition by the City of Orange to consider recommendations from the Planning
Commission with respect to the potential revocation of a permit that allowed operation of
non-alcoholic, non-smoking nightclub, with the shared use of a parking facility
located at 612 N. Eckhoff Street.
NOTE: This project is categorically exempt from California Environmental Quality Act (CEQA)
per State CEQA Guidelines Section 15321.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
The City Attorney remarked very extensive hearings were held by the Plam1ing Commission on
August 21st and continued to September 18, 1995. After reviewing all the evidence from both
the City and permittee, the Planning Commission adopted a resolution recommending to Council
that Conditional Use Permit 1998-92 be revoked. Last week Council received a packet
of findings and recommendations from the Planning Commission as well as the record of
the
proceedings.The Assistant City Attorney summarized the events that led up to the revocation hearing.
On September 14, 1995 the City received a letter from Mr. Kaplan, attorney for the
applicant,requesting a continuance of the public hearing. However, on September 18, 1995, the
city received a letter from Mr. Kaplan stating The Tunnel had ceased operations. The City Attorney'
s office faxed a message to Mr. Kaplan that the revocation hearings would proceed on the basis
that even if Mr. Kaplan's representations were true the conditional use permit runs with the
property and not with the applicant. Either The Tunnel could come back at some future date, or
some other applicant could come back in and still try and operate under the conditional use permit,
and operate a teenage night club in the same location. No representatives from The Tunnel
appeared at the September 18, 1995 hearing and the City was infonned by Janice Grace, the
property PAGE
CITY COUNCIL MINUTES SEPTEMBER 26, 1995
13. PUBLIC HEARINGS (Continued)
manager ofthat facility that her attorney was told by Mr. Kaplan that he is no longer representing
The Tunnel. To Ms. Grace's knowledge the building is now vacant. It appears The Tunnel has
moved to the City of Anal1eim. The City Attorney's Office in Anal1eim has been notified of this
proceeding.
What originally appeared to be a healthy entertaimnent alternative for minors degenerated into an
underground nightclub where violence, drug and alcohol abuse and adult entertainment became
the nonn. According to Police The Tunnel became a magnet for gangs in the City but also from
as far away as Los Angeles County.
The record before Council contains additional ample evidence that The Tunnel has failed to
comply with the reasonable conditions of the conditional use permit and constitutes a public
nuisance due to the health and safety threat it poses to the patrons, its employees, City Police
Officers and the general public. Staff requests Council adopt the recommendations of the
Planning Commission and direct that a resolution actuating the same be brought back on October
10, 1995 Council meeting.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
MOTION
SECOND
AYES
Mayor Coontz Murphy
Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved that
this project is categorically exempt from the California Enviromnental Quality Act CEQA) per
State CEQA Guidelines Section 15321.MOTION SECOND
AYES
Mayor
Coontz
Spurgeon Murphy, Barrera,
Mayor Coontz,
Spurgeon, Slater Moved to revoke Conditional Use
Permit 1998-92 and adopt the findings as set forth in Planning Commission Resolution No. PC-
35-95.14. PLANNING
AND ENVIRONMENT - None 15. ORAL PRESENTATIONS
Nonn Philips, 348
Redwood, commented on how he successfully obtained infonnation and had the Southern Pacific
Railroad visit the abandoned railroad tracks on Glassell near Flotcher to pave over them. A
letter was received by the Director of Public Works today from the Southern Pacific Railroad regarding
this site approving the paving over of the tracks.PAGE 20
CITY COUNCIL MINUTES SEPTEMBER 26, 1995
15. ORAL PRESENTATIONS (Continued)
Mr. Philips has also obtained information on how to send a complaint to the Public Utilities
Commission regarding the other seven railroad tracks in need of repair. Mr. Philips urged all
citizens and the City to make sure the railroad keeps their commitment to repair the tracks. These
repairs are safety hazards and the railroad company does pay attention when this is mentioned to
them.
Mayor Coontz commended Mr. Philips on his efforts and asked ifhe could pass on his
information to staff.
16. ADJOURNMENT
MOTION
SECOND
AYES
Murphy
Barrera Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater The City
Council adjourned at 8:48 p.m. to an Adjourned Regular Meeting on Monday, October 2, 1995
at 5:00 p.m. in the Weimer Room for a Closed Session and thereafter, the Council will adjourn to
an Adjourned Regular Meeting on Tuesday, October 3, 1995 at 4:30 p.m. in the Weimer Room
regarding:I) A
Development proposal for The City Shopping Center.2) Municipal
Resource Consultants' report on geographic revenue information program findings.3) Bike
Trail proposal - abandoned Southern Pacific Railroad easement, Glassell to South City limits.CMMdJ.uJ,
Cj~
CASSANDRA 1. THCART, CMC CITY CLERK 1
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fC. {'[le'I."':-cy JOANNE c. COON1&l
MAYOR PAGE 21