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10-10-1995 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA OCTOBER 10,1995 The City Council of the City of Orange, California convened on October 10, 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 Mayor Joanne Coontz 1.2 ROLL CALL PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT - None 1.3 APPROVAL OF MINUTES Regular Meeting September 26, 1995.MOTION - Barrera SECOND - Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.Adjourned Regular Meeting October 2, 1995.MOTION - Murphy SECOND - Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.Adjourned Regular Meeting October 3, 1995. MOTION - Murphy SECOND - Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.1. 4 PRESENTA TIONS/ ANNOUNCEMENTS/ INTRODUCTIONS - None 1.5 PROCLAMATIONS - None PAGE1 CITY COUNCIL MINUTES OCTOBER 10,1995 2.CONSENT CALENDAR TAPE 47 2.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of October 10, 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 22 and 26, 1995. ACTION: Approved. 2.3 RESOLUTION NO. 8524 A Resolution of the City Council of the City of Orange supporting the League of California Cities' resolution on sales tax redistribution to increase the amount received by cities to 2 percent. (T1100.0) ACTION: Approved. 2.4 RESOLUTION NO. 8525 A Resolution of the City Council of the City of Orange expressing appreciation to Carl D. Swede) Erickson of the Orange Water Department and commending him for more than thirty-three years ofloyal and dedicated service. (C2500. P)ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.5 RESOLUTION NO. 8526 A Resolution of the City Council of the City of Orange approving Lot Line Adjustment LL 95-4 adjusting a Lot Line of certain real property situated at 182 S. Orange Street.Owners: Gary and Peggy Mead, Trustees of the Mead Fantily Trust (C2500.M. 16.1)Councilman Slater indicated he would abstain from voting on this item due to a conflict of interest.MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Barrera, Coontz, Spurgeon ABSTAINED - Slater ACTION: Approved. PAGE 2 CITY COUNCIL MINUTES OCTOBER 10,1995 2. CONSENT CALENDAR (Continued) 2.6 RESOLUTION NO. 8527 A Resolution of the City Council of the City of Orange expressing appreciation to Ella Mae Fee of the Orange Community Development Department and commending her for more than eighteen years ofloyal and dedicated service. (C2500.G) ACTION: Approved. 2.7 RESOLUTION NO. 8528 A Resolution of the City Council of the City of Orange of consideration to alter the rate and method of apportionment of special taxes within the City of Orange CommunityFacilitiesDistrictNo. 91-2 (Serrano Heights Public Improvements). (Tll00.0. 2)ACTION: Approved.2.8 RESOLUTION NO. 8529 A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and intprovement. Bid No. 934-27 (A2100.0. Agr.2256)FISCAL IMPACT: Contract total of$12,756.00 represents the installationof641signsandwasprovidedthroughGeneralFunds, Contractual Services Account No. 100-5031-427100. This project was completed on time, under budget and no additional allocations were necessary.ACTION: Approved.2.9 RESOLUTION NO. 8530 A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement. Bid No. 945-02A, Hart and Shaffer Park restroom buildings. ( A2100.0. Agr.2303)ACTION: Approved.2. 10 RESOLUTION NO. 8531 A Resolution of the City Council of the City of Orange upholding the recommendation of the Planning Commission of the City of Orange and revoking a Conditional Use Permit that allowed the operation of a non-alcoholic nightclub and to allow the shared use of a parking facility on property located in the M- l (light manufacturing) District, for a building addressed 612 N. Eckhoff Street. (C3300.0)Revocation of Conditional Use Permit 1998- 92 - The CITY COUNCIL MINUTES OCTOBER 10,1995 2. CONSENT CALENDAR (Continued) 2.11 RESOLUTION NO. 8532 A Resolution of the City Council of the City of Orange, expressing appreciation to Bernie W. Dennis of the Orange Public Works Department and commending him for more than thirty-two years ofloyal and dedicated service. (C2500. M)ACTION: Approved.2.12 Request from Fukuko St Martin, and Denis and Suzanne Bilodeau, owners of residential parcels in the unincorporated County of Orange at 15551 and 15582 Cully Drive, to connect to the City sewer system. (A2100.0.Agr.2507, 2508)FISCAL IMPACT: None. All costs for connection are paid by the property owners, and they are billed a sewer maintenance bi- monthly fee.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.13 Request from West Orange Elementary School for the placement of a school crossing guard at the intersection of Chapman Ave. and Main St. (S4000.S. 3.5)FISCAL IMPACT: Requires an appropriation of $4,500.00 annual salary from the Unappropriated General Fund Reserves, to be placed into the Police Department Traffic Bureau Salary Account No. 100- 4041-413102.ACTION: Approved.2.14 Request from Ms. Carole Johnson for an exemption from enforcement of the 'NO PARKING - STREET SWEEPING' restrictions to provide a legal parking space for the Released Tinte Christian Education trailer on the north side of Sycamore Ave. in proximity to WaverlySt. (S4000.S. 3.1.1) FISCAL IMPACT: None.ACTION: Denied.2.15 Request for a vision zone at the intersection of Richard St. and ValenciaDr.S4000.S. 3.1.1)FISCAL IMP ACT: Budgeted in General Fund, Contractual Services Account No. 100- 5032-427100.ACTION: Approved.2.16 Request for a permanent street closure on Live Oak Drive at Newport Boulevard.S4000. CITY COUNCIL MINUTES OCTOBER 10,1995 2. CONSENT CALENDAR (Continued) FISCAL IMP ACT: Budgeted in General Fund, Contractual Services Account No. 100- 5032- 427100.ACTION: Approved the recommendations shown below:1. No action on the requested street closure at this time; and,2. Approved the installation of additional traffic control signing and pavement markings on Newport Blvd. at Live Oak Dr. making motorists aware that left turns from Live Oak Dr. onto Newport Blvd. are illegal.2.17 Request Council appropriate $125,000 from Measure M Reserves Funds for the installation of minor traffic control devices throughout the City, including the detouring for the repair and upgrading of railroad crossings. (S4oo0.S.3. 3)FISCAL IMP ACT: Funds are available in Measure M Reserves, Account No. 262-5032-473100-6302 and there will be no impact to the City' s General Fund.ACTION: Approved.2.18 Request Council appropriate $50,000 from Measure M Funds for construction on Southern Pacific Railroad Crossings. Due to the additional expense and short notice of We railroad grade crossing activity, additional funds are required to complete the City's share of the construction. ( S4000.S.7)FISCAL IMP ACT: Appropriate $25,000 from Measure M Reserves, Account No. 262-5011-485100-3021 and $25, 000 from Account No. 262-5021-412102-3021.ACTION: Approved.2.19 Approve and authorize the award of Bid Number 956-09, four Modular Ambulances, to California Emergency Vehicles Inc., Colton, CA, in the amount of $313, 138, and reject all other bids. (A21oo.0.Agr.2506)FISCAL IMPACT: There are sufficient funds in Account No. 720-5023-427101 Equipment Replacement Fund).ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.20 Request Council approve the License Agreement by and between Orange Mall Development Associates and the City of Orange Police Department. (A2100.0.Agr.2505)FISCAL IMPACT: None.ACTION: Authorized Mayor and CITY COUNCIL MINUTES OCTOBER 10, 1995 2. CONSENT CALENDAR (Continued) MOTION - Spurgeon SECOND - Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Item 2.5 was removed and heard separately. Councilman Slater abstained from Item 2.5.All other items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR COONTZ MOTION SECOND AYES Murphy Spurgeon Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved that the need arose to discuss the following items after the posting of the Agenda.Move Item 1O.a, a request from Ron Beaulac concerning an outline with budget considerations regarding the proposed Mark and Brian Pre-Thanksgiving Parade under Reports from the Mayor.Add the following AdministrativeReport, Item 6.2, Proposed Tom Hanks Film Production in the City of Orange.3. 1 Proposed Mark and Brian Pre- Thanksgiving Parade Mayor Coontz commented the City was contacted by the producers of the Mark and Brian Show 95.5 KLOS a few months ago. The parade is normally held in Los Angeles County, however, this year they were directed to the City of Orange for its aesthetic qualities, its relationship to a local university and its geographically central location. Representatives from the show visited the City and toured possible sitesthatwouldaccommodatetheparade. The Chamber of Commerce and Chapman University stepped forward to support holding the parade in the City.The parade generates approximately 5,000 participants and viewers. It will minimally impact traffic and boosts retail sales in the areas in which it is held. Community activist, Ron Beaulac,approached the City to act as a preliminary coordinator for the event. Mr. Beaulac gave a presentation to the downtown merchants association. They wholeheartedly supported the event.With a nationwide audience the advertising for the downtown merchants and antique faire is immeasurable.This type of event attracts a better business environment and is a great opportunity to publicize the City and generatebusinessrevenue. It is a compliment to the Council that production companies are beginning to look at the City in a positive and opportunistic light.Ron Beaulac, 7733 Appaloosa Trail, Orange, commented he has staged special events at the Anaheim Stadium and the Rose Bowl with an extensive background in promotions. There will be no cost to the City for the event. Any costs will be born by Mark and Brian. They have agreed to PAGES CITY COUNCIL MINUTES OCTOBER 10, 1995 3. REPORTS FROM MAYOR COONTZ (Continued) publicize the downtown area as the "Antique Capital of the United States." The float staging area will begin on Olive Street. The parade will continue on to Chapman Avenue around the Plaza, with the stage placed in the east end of the Plaza, continuing on to Glassell to the Satellite Market. Meetings will be held the beginning of next week with all operating departments. The hours ofthe parade will be 7:00 a.m. to 10:00 a.m. and everything will be completed and out of the City by noon. MOTION SECOND AYES Mayor Coontz Spurgeon Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to direct the Interim City Manager and appropriate staff to move forward with the producers of the Mark and Brian Show, returning to Council on October 24, 1995 with a report to include any costs and impacts for possible action. This will be predicated upon the City receiving signed permits from the Mark and Brian Show.4. REPORTS FROM COUNCILMEMBERS - None 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6.ADMINISTRATIVE REPORTS TAPE 396 6.1 Report from City Attorney on Senate Bill No.2, authorizing general law cities to enact term limits. (A2500.0 City Council Term Limits)The City Attorney reported SB 2 is effective January 1, 1996 and expressly authorizes cities to establish term limits. The City Council may submit a ballot measure to the voters or through the initiative process. Both require a majority vote of the people. Term limit proposals, if approved by the voters, apply prospectively only and approval of voters must be given at a regularly scheduled election, not a special election.Council asked what election date would be appropriate for this ballot measure. The City Attorney opined the primary in March, 1996 would not allow enough time to process election resolutions for submittal to the County. It was recommended the first opportunity to submit a ballot measure proposal would be at the November 5, 1996 election.MOTION SECOND AYES Spurgeon Mayor Coontz Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to agendize this issue in January, 1996 and direct the City Attorney to return with a draft ordinance regarding the proposed ballot measure for Council' s approval.PAGE 7 CITY COUNCIL MINUTES OCTOBER 10,1995 6. ADMINISTRATIVE REPORTS (Continued) 6.2 Proposed Tom Hanks Film Production in the City of Orange. (R3500.0.9) Mayor Coontz reported she had met with Mr. Hanks welcoming hin1 to the City. A meeting was held on October 5, 1995 with merchants and property owners to discuss preliminary details of the project. Staff also attended to register the concerns and comments generated from the meeting. The City will do its best to ensure that any negative impacts are minimized. The Acting Economic Development Director gave an update on the production process and recommended that Council authorize the Interim City Manager and appropriate staff to begin negotiations with 20th Century Fox to film a major motion picture in the Old Towne area from November 28th through December 15, 1995. It was reported the average motion picture production spends approximately $30,000 per day in the host community. It will also generate additional tax revenue which will benefit the entire community. Local extras will be hired. Shops and office space will be rented throughout the Old Towne area. Their Location Manager will visit each business that will be impacted by the filming and negotiate a location agreement. It was noted the City will be receptive to production companies that are community friendly. Alterations are proposed to be made to the streetscape. Some alterations have been planned in the City budget and those will not be undertaken using City revenues. These improvements will exceed $50,000. Staff will be requesting the production company post a minimum $100,000 bond which may increase depending on the production schedule. Until filming begins, staffwill hold weekly meetings with the merchants. Because staff does not have expertise in this area, a professional film liaison will be brought in to work with the production company. Mayor Coontz contacted the Deputy Mayor of Los Angeles who also is head of the Los Angeles Film Commission. It was indicated the producer of the Tom Hanks movie, Gary Gatzman, is the best and most honest producer the Deputy Mayor has ever worked with. Councilman Spurgeon commented for the record: "I am in support of this. The process looks like it's been working with the meetings attended by the people involved, merchants and business people. I think this is a new beginning for the City. There have been some isolated episodes, but if this works out I think the sky will be the limit because we will have a process and system that will be user friendly. This is a win/win for all the citizens of Orange." MOTION SECOND AYES Mayor Coontz Spurgeon Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to direct the Interim City Manager and the Acting Economic Development Director to move forward with the filming process and negotiations. Staff to bring information to Council as the production progresses.PAGES CITY COUNCIL MINUTES OCTOBER 10,1995 7.'REPORTS FROM CITY MANAGER TAPE 840 7.1 Proposed plan amendment to the Southwest Redevelopment project. (R3500.0.5) The Interim City Manager requested Council consider the adoption of a Redevelopment Plan Amendment to the Southwest Redevelopment Project area. In connection with the proposed Redevelopment Amendment, the Interim City Manager is planning to engage consultants within the dollar authority given to him, to assess the feasibility of the amendment and will report to Council as the process moves forward. This action will be taken in the best interest of the citizens in an effort to further create efficiencies and economy as the City moves forward in creating a more stable financial future. MOTION SECOND AYES Murphy Slater Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Approved the request by the Interim City Manager.8. LEGAL AFFAIRS - None 9. RECESS TO THE MEETING OF THE ORANGE REDEVEWPMENT AGENCY 10. ORAL PRESENTATIONS Request from Ron Beaulac concerning an outline with budget considerations for the City of Orange regarding the proposed Mark and Brian Pre-Thanksgiving Parade (November 22, 1995).NOTE: See Item 3.1, Page 6 for discussion of this item.Carole Walters, ~ 34 N. Shaffer, commented that a neighbor had contacted her indicating that a Firefighter had said the City had approved the Chapman University parking lot on Orange Street,and it was a done deal. If this true the Council will be contacted by the neighbors. There is one house that remains on the street. The Specific Plan states all the houses have to be purchased before anything is built. The neighborhood meetings with Chapman University are not working out. The neighbors asked for a light at Center and Walnut in order for pedestrians to walk across the street, and this has never been granted. Concern was also expressed regarding Chapman's football games generating extra cars. Contact has not been made with the neighbors to work out the parking problems this has caused.Mayor Coontz commented the Interim 'City Manager will investigate this complaint.PAGE 9 CITY COUNCIL MINUTES OCTOBER 10,1995 11. RECESS MOTION SECOND AYES Murphy Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The following pending lawsuit arose after the posting of the agenda and was added to the Closed Session: LifeFleet Inc. vs. City of Orange, Orange County Superior Court Case No. 75 38 65.The City Council recessed at 5: 15 p.m. to a Closed Session for the following purposes:a. Conference with Legal Counsel - existing litigation pursuant to Government Code Section 54956.9(a): City of Orange vs. James Daum, et at, Orange County Superior Court Case No. 73-86-30.Bankruptcy Petition of County of Orange, U. S. Bankruptcy Court Case No. SA 94-22272. b. Conference with Legal Counsel- anticipated litigation. Initiation oflitigation pursuant to Government Code Section 54956.9(c) (one potential case). c. Employee appointments pursuant to Government Code Section 54957: Permanent City Manager. 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. 7:00 P.M. SESSION 12.1 INVOCATION Sandy Warne, Orange Young Women's Christian Association. 12.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Joanne Coontz 12.3 ANNOUNCEMENTS - None 12. 4 INTRODUCTIONS - None 12.5 PROCLAMATIONS Proclamations honoring Robert Hornacek and Beau Shigetomi were presented for their years of service on the Design Review Board.PAGE 10 CITY COUNCIL MINUTES OCTOBER 10,1995 12.6 PRESENTATIONS - None 13. PUBLIC HEARINGS TAPE 1418 13. 1 SANTIAGO BOULEVARDIBROOKSIDE A VENUE, LEFT TURN PROHIBmON, CITY OF ORANGE: (S4000.S.3.3)Time set for a public hearing on petition by the City of Orange to consider prohibiting left-turn access for southbound traffic on Santiago Boulevard into the Villa Park Shopping Center's middle driveway southerly of Brookside Avenue, and that prohibition be accomplished by signing and construction of a raised island. Mayor Coontz indicated there have been numerous conversations between City staff and representatives of the City of Villa Park. The Interim City Manager was asked for a recommendation on this issue. The Interim City Manager indicated he had had discussions with the City Manager of Villa Park and City staff in order to become more familiar with this situation that has existed for the past several years. It was recommended that before proceeding with the public hearing, that this issue hearing be deferred to November 28, 1995,7:00 p.m., in order for the City Managers and appropriate staffs of both cities to meet and come up with a mutually acceptable solution. Mayor pro tern Barrera indicated he would abstain because he lives near the location which is the subject of the hearing. The City Attorney opined he had discussed this with Mayor pro tern Barrera and informed him his property is 400 ft. which is not within the 300 ft. that would create a financial conflict of interest. However, even though there is no financial interest in this decision, if a Councilmember has prejudged a matter or is biased in some way so they could not give all the participants a fair hearing, then that would be another reason for abstaining. Under the Political Reform Act, there is no conflict of interest. Mayor pro tem Barrera commented the reason he was abstaining was that he had prejudged this situation. Mayor Coontz recognized Carole Walters, 534 N. Shaffer Street, President of the Orange Taxpayers Association who submitted a petition which she had brought before the Council in August, 1993. This petition was also delivered to the City Council of Villa Park. MOTION - Mayor Coontz SECOND - Spurgeon AYES - Murphy, Mayor Coontz, Spurgeon, Slater ABSTAINED - Barrera Moved to continue this issue to November 28, 1995 council meeting as requested by the Interim City Manager.TAPE 1555 PAGE 11 CITY COUNCIL MINUTES OCTOBER 10,1995 13. PUBLIC HEARINGS (Continued) 13.2 VESTING TENTATIVE PARCEL MAP 94-185, LC.L DEVELOPMENT CORPORATION:Time set for a public hearing on petition by I.C.I. Development Corporation to consider Vesting Tentative Parcel Map 94-185 to allow the subdivision ofa property into two separate parcels,with one building on each parcel. No additional development is proposed through this application. The property is located at the southeast comer of Chapman Avenue and Yorba Street (Lucky Supermarket Center). (C2500.M. 16.2)NOTE: This project is categorically exempt from California Environmental Quality Act (CEQA)per State CEQA Guidelines, Section 15323.MAYOR COONTZ OPENED THE PUBLIC HEARING.The Director of Community Development reported the subdivision would divide the supermarket building from the shops located in the center. This proposal will allow the separate ownership of different pieces of the shopping center which will facilitate remodeling of the shopping center and the market.Dolly Windsor, 139 N. Wheeler, asked if the historical tree would be moved because of the property split?Scott Bell, 1 Charlotte, Irvine, Applicant, commented Lucky's has decided to relocate to Santa Ana, and Ralphs Supermarket has decided to move to the subject site. Since Lucky's is operating in the shopping center now, it is not possible to move the Ficus tree at this time. However, it is planned to move the tree under the current approvals. The Ficus tree will be relocated on the Chapman and Yorba corner when Lucky's lease expires in 1997.Mayor Coontz commented a committee of landscape architects and professionals had been appointed by Council to save the tree and make recommendations. The site of Chapman and Yorba was chosen as the best site for the survival of the historical tree.Councilmembers discussed how important it was that the tree be saved and that the tree committee's recommendations be considered when the tree is moved.THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. MOTION SECOND AYES Slater Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved that this project is categorically exempt from California Environmental Quality Act CEQA) per State CEQA Guidelines, Section 15323. PAGE 12 CITY COUNCIL MINUTES OCTOBER 10,1995 13. PUBLIC HEARINGS (Continued) MOTION SECOND AYES Slater Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to approve Vesting Tentative Parcel Map 94-185 as outlined in Planning Commission Resolution No. PC-34- 95.14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS Nick Lall, 6231 Mabury, commented that someone has restriped the roadway on Santiago near Brookaide. It has created a liability because there is fresh striping on portions of the pavement over old faded striping. Mr. Lall suggested the City find out who striped over the existing striping. The Interim City Manager indicated he discussed this situation with Villa Park's City Manager who indicated they have a contractor that strips the street and said it looked like they recently had gotten some extra work done. Mayor Coontz responded the City's Interim City Manager and the City Manager of Villa Park will meet to discuss this issue. 16. ADJOURNMENT MOTION SECOND AYES Murphy Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The City Council adjourned at 7:40 p.m.Ca.t1~ / /?~/'. A-d-CASSANDRA~ CMC CiTY CLERK j.- . f/:../t x- . C"<:",_ ,re". '1",.'JOANNE C. COONTi'!MAYOR PAGE 13