11-28-1995 Council MinutesAPPROVED BY CITY COUNCIL ON DECEMBER 12,
CITY COUNCIL MINUTES
OF A REGULAR MEETING
1995
ORANGE, CALIFORNIA
November 28, 1995
The City Council of the City of Orange, California convened on November 28, 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 Mark Murphy
1.2 ROLL CALL
PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT -
None 1.3
APPROVAL OF MINUTES Regular Meeting
November 14,1995.MOTION - Barrera
SECOND - Spurgeon AYES -
Murphy, Barrera, Mayor
Coontz, Spurgeon, Slater ACTION: Approved.1.4 PRESENTA
TIONS/ ANNOUNCEMENTS/
INTRODUCTIONS 1.5 PROCLAMATIONS TAPE 33
Proclamations were presented honoring Master
Police Officer Stanley Gabel III, named Uniformed Officer of the Year,
and Detective Roger Belville, named Narcotics Officer ofthe Year by the Orange
County Narcotics Officers Association. The Police Chief announced that Detective Belville received
the Medal of Courage from the Orange Police Department also.2.CONSENT CALENDAR
TAPE 262
2.1 Declaration of City
Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of
November 28, 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 November 14 and 17, 1995.PAGE 1
CITY COUNCIL MINUTES November 28, 1995
2. CONSENT CALENDAR (Continued)
ACTION: Approved.
2.3 CLAIMS FOR DAMAGES FROM: (C3200.0)
a. Richard Holbeck
b. Willis Frambach
c. Randall Miller
d. Pedro Medici
e. Kurt Yusuf
FISCAL IMPACT: None.
ACTION: Denied claims and referred to City Attorney and Adjuster.
2.4 RESOLUTION NO. 8547
A Resolution of the City Council of the City of Orange upholding the recommendation of
the Planning Commission of the City of Orange and approving the General Plan
classification of property situated north and south of Kat ell a Avenue between Glassell
Street west to the City limits. (C2300.E, GPA-
2-95)General Plan
Amendment 2-95
Katella Avenue
Corridor ACTION: Approved.2.5
RESOLUTION NO. 8551 A Resolution of the City Council of the City of Orange upholding
the recommendation of the Planning Commission of the City of Orange and granting a conditional
use permit to allow a density bonus for the development of four senior housing
units upon property situated on the northwest corner of Orange Street and Walnut Avenue. (
C3300.
0, CUP-2037-93)
Conditional Use Permit 2037-93
Duncan and
Alice Clark, Applicant ACTION: Approved.2.6 Request from County of Orange for waiver of 60-
day notice requirement for lease of space at 1517 Braden Court by the
Sheriff Department Commissary Operations and
Food Services. (A2100.
0, AGR-
1678.H)
CITY COUNCIL MINUTES November 28, 1995
2. CONSENT CALENDAR (Continued)
2.7 Request Council approve an appropriation of $600 to Account No. 100-
4021-429300-2309 (Forensic Artist) received through donations from Orange North Rotary
and In-N-Out Burgers which will be used for further training and equipment
enhancement for the Forensic
Artist. (C2500.K)FISCAL IMPACT: None. Funds are presently in
Account No. 100-0000-293900-2309 Donations). Appropriate
to 100-
4021-429300-2309, Forensic Artist
Donation Account.ACTION: Approved.2.8 RESOLUTION NO. 8549 A Resolution of the City Council
of the City of Orange approving the reclassification of one Senior Police Clerk (
Position No. 190) to a
Police Services
Officer, effective November 28, 1995. (
C2500.K)ACTION: Approved.2.9 RESOLUTION NO. 8552 A Resolution of the City Council
of the City of Orange amending the Top Management Resolution 8362 to increase the
salary range for the Finance Director from the current Range 562 ($5882-$7543) to the
new Range 579 ($6403-$8211) and directing staff to
amend the
budget to reflect the change. (C2500.J)ACTION: Approved.2.10 Request Council
approve specifications and authorize advertising bids for the demolition of house and right-of-
way clearance at 491 S. Alpine
Street. The estimated cost for demolition is $15,000. (C2500M.
16)FISCAL IMPACT: Funds have
been allocated
in Account No. 262-5011-483300-3227 Measure M) for this project.ACTION: Approved.2.
11 Request for Grading permit - Sheffield Homes; Tract 15210 and Standard Pacific, Tract
15246 located on portions of the Southern California Edison property located east
and west of
Lorna Street
beginning in December
of 1995. (T4000.
0, TRT-15210)FISCAL IMPACT: None.ACTION: Approved.
MOTION - Spurgeon
CITY COUNCIL MINUTES November 28, 1995
2. CONSENT CALENDAR (Continued)
All items on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
3. REPORTS FROM MAYOR COONTZ - None 4.
REPORTS FROM COUNCILMEMBERS Off-
agenda item:
4.1 Councilman Murphy reported he visited Potomac Mills in Virginia and the Mills corporate
offices during a recent business trip. They continue to be excited about the future Mills
development at the City Shopping Center.
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6.
ADMINISTRATIVE REPORTS TAPE 343 6.
1 Treasurer's Report for October, 1995. (C2500.F)MOTION -
Murphy SECOND - Barrera
AYES - Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Approved.6.2 Report
from
Director of Public Works requesting Council approve Amendment No.3, Tree Trimming Contract,
approving a 10 year extension of West Coast Arborists contract at a fixed
rate of $278,000 annually. (A2100.0, AGR-2082.3)The Public Works
Director reported that the City has contracted for tree trimming since 1973.The current contractor,
West Coast Arborists, has performed extremely well over the past two years. Costs for
in-City tree trimming were approximately $790,000 per year compared to current contract
costs of $340,000 including inspection and administrative costs. This amendment will extend
the contract for 10 years at the fixed rate of $278,000 annually. The City does have a 30-day
cancellation provision.MOTION -
Spurgeon SECOND - Murphy
AYES - Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Approved.PAGE 4
CITY COUNCIL MINUTES November 28, 1995
7.REPORTS FROM CITY MANAGER TAPE 457
7.1 Report concerning a ballot measure to determine whether the City Treasurer and
City Clerk should be appointed or elected. (EllOO.O)
The City Manager requested that the Council discuss and consider placing measures on the ballot
for the appointment of the City Treasurer and City Clerk. This will allow a greater level of
security for citizens ensuring that highly qualified persons are selected. Both positions require
persons who are experienced, knowledgeable, educated and who have background and security
checks not accommodated through the election process. To be elected, a candidate need only be
18 years of age, a resident of the City for 29 days prior to the election, and a registered voter.
There is no requirement of experience or knowledge. The only recourse for poor performance is
recall. Appointment ensures a higher level of accountability. If the measures are passed at the
March 26 election, appointments can be made when current terms end in November 1996. If the
measures are passed at the November 1996 election, appointments cannot be made until
November 2000. If Council chooses to place the measures on the March ballot, necessary
resolutions need to be adopted at this Council meeting to meet County deadlines. Disadvantages
of the March election would be an additional cost of $13,200 over the November election and less
time for citizens to organize and be involved in the educational process.
Mayor Coontz recognized the following individuals who spoke in favor:
FredMcGuire, 2710 E. Adams Avenue, felt the position of Treasurer should be appointive. He
cited recent bankruptcy problems stating appointment would increase the protection of public
funds; urged placement of the measure on the March ballot as a sign ofleadership; felt election
costs would be preventive medicine; and the measure would be obscured if placed on the
November ballot.
Bob Bennyhoff, 10642 Morada Drive, commented on the City's past history with regard to
Treasurers stating there was no reason to continue a flawed process. He spoke in favor of the
March election indicating voters will have three months to obtain necessary information. Because
the City Clerk position is technical, makes no policy decisions and does not raise taxes, it should
not be elected. It is easier to remove an appointed person from office if not qualified.
Mayor Coontz read a letter of support submitted by Paul Nelson, President, Orange Chamber of
Commerce. The Council sets policy and the City Clerk and Treasurer carry it out.
Speaking in opposition:
Nick La/!, 6231 E. Maybury Avenue, stated the City had addressed the issue of an appointive
Treasurer in the past; felt bankruptcy problems had nothing to do with the Treasurer being
appointed or elected; requested that the issue of appointment be reviewed further; was opposed to
spending taxpayers' money for another election; and felt the position of City Clerk should be
elected in order to retain public accountability.
Carole Walters, 534 N Shaffer Street, President a/Orange Taxpayers Association, stated the
board requested time to study this proposal and requested a citizens' committee be formed
including a member of the Orange Taxpayers Association. Transfer of authority should not be
PAGE 5
CITY COUNCIL MINUTES November 28, 1995
7. REPORTS FROM CITY MANAGER (Continued)
done in haste and the March election would not allow adequate time for the public to study this
Issue.
Carole Walters, 534 N Shaffer Street, as a resident felt the bankruptcy loss was not the
Treasurer's fault. She was not for or against the measures but felt the City should have given
residents more time to study the issue and not wait until the last minute.
Rick Ulivi, 369 S. Glassell, Chairman of the City's Advisory Investment Committee, stated that
the real issue was not one of appointment or election, but of finding a qualified person. Was
opposed to placing the measures on the March ballot and felt further study was needed to arrive
at a process to ensure that the highest qualified person was selected as Treasurer.
Corinne Schreck, 446 N James, felt it was a disservice to the citizens to place this issue on the
ballot at the spur of the moment; is not willing to give up her right to vote.
Mayor Coontz clarified that the former Treasurer did not reduce funds in the investment pool as
requested and ultimate responsibility lies with the City Council for any misdeeds by another
elected official. Both the former and current Treasurers agree that the position should be
appointed. The Council has looked for extra ways to protect City investments but this has been
difficult with an elected Treasurer who is authorized under state law to make the investments.
She also pointed out that the Council cannot prescribe qualifications for elected positions.
Council discussion ensued concerning the election process schedule and consideration of required
resolutions. It was the consensus that both positions be appointed rather than elected;
accountability of officials and professional capabilities of those handling funds is a significant
concern; because of the additional four years until appointment following the November election,
the March election would be the most appropriate time.
MOTION - Slater SECOND -
Spurgeon AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to hold
a Special Municipal Election on March 26, 1996, to consider ballot measures to determine whether the
City Treasurer and City Clerk should be appointed or elected.The Assistant City
Attorney read the titles and numbers of required resolutions.MOTION - Barrera SECOND -
Spurgeon AYES - Murphy,
Barrera, Mayor Coontz,
Spurgeon, Slater Moved to continue consideration of the
necessary resolutions concerning the March 26, 1996,Special Municipal election until the 7:
00 p.m. Council session in order for Council to review the resolutions.PAGE 6
CITY COUNCIL MINUTES November 28, 1995
8.LEGAL AFFAIRS TAPE 1784
8.1 ORDINANCE NO. 17-
95 An Ordinance of the City Council of the City of Orange, amending Chapter 15.04 of the
Orange Municipal Code by adoption of the 1994 Edition of the Uniform Building Code and the
appendix thereto with certain amendments; amending Chapter 15.08 ofthe Orange Municipal Code
by adopting the 1994 Edition of the Uniform Housing Code with certain amendments;
amending Chapter 15.12 of the Orange Municipal Code by adopting the 1994 Edition of the
Uniform Mechanical Code with certain amendments; amending Chapter 15.16 of the Orange
Municipal Code by adopting the 1994 Edition of the Uniform Plumbing Code and the appendix thereto
with certain amendments; amending Chapter 15.20 of the Orange Municipal Code by adopting
the 1994 Edition of the Uniform Code for Abatement of Dangerous Buildings with
certain amendments; amending Chapter 15.24 of the Orange Municipal Code by adopting the
1993 Edition of the National Electrical Code with certain amendments; amending Chapter 15.25 of
the Orange Municipal Code adopting the Uniform Sign Code; amending Chapter 15.26 of the
Orange Municipal Code adopting the Uniform Solar Energy Code; amending Chapter15.48 of
the Orange Municipal Code adopting the Uniform Swimming Pool Code; amending Chapter 15.
56 adopting the State Historical Building Code; creating Chapter 15.64 adopting Appendix
Chapter 1 of the Uniform Code for Building Conservation; create Chapter 15.68 of the Orange
Municipal Code adopting the Uniform Administrative Code with certain amendments. (A2500.
0)MOTION - Barrera
SECOND - Murphy AYES -
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance
No. 17-95 have second reading waived and be adopted and same was passed and adopted
by the preceding vote.8.
2 ORDINANCE NO. 18-95
An Ordinance of the City Council of the City of Orange amending Section 5.95.030 of the Orange
Municipal Code regarding bingo. (A2500.0)
Barbara DeNiro, 1118 E. Adams, asked for an explanation of how the amendment changes the
code and if it referred to newly constructed or new use facilities. The Assistant City Attorney
explained that at present an organization must be located in the City for the last 36 months prior
to application. The amendment creates an exception to the 36-month requirement for
applications in newly constructed facilities or part of a larger development complex newly
constructed.MOTION - Murphy
SECOND - Barrera AYES -
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance
No. 18-95 have second reading waived and be adopted and same was passed and adopted
by the preceding vote.PAGE
7
CITY COUNCIL MINUTES November 28, 1995
8. LEGAL AFFAIRS (Continued)
8.3 ORDINANCE NO. 19-
95 An Ordinance of the City Council of the City of Orange amending Chapter 15.32 of the
Orange Municipal Code by adopting the 1994 Edition Uniform Fire Code with amendments
thereto,including certain appendices, the 1995 accumulative supplement to said Code and
Standards.A2500.
0)MOTION - Murphy
SECOND - Spurgeon AYES -
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance
No. 19-95 have second reading waived and be adopted and same was passed and adopted
by the preceding vote.8.
4 ORDINANCE NO. 20-95
An Ordinance of the City Council of the City of Orange amending Chapter 17.06 of the Orange
Municipal Code and approving the reclassification of property situated north and south of Kat ell a
Avenue between Glassell Street west to the City limits. (ZI500.0, ZCG-
1177-95)Zone
Change 1177-95
Katella Avenue Corridor)
MOTION - Murphy SECOND -
Spurgeon AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater
That Ordinance No. 20-95 have first reading waived and same was set for second reading by
the preceding
vote.8.5 ORDINANCE NO.
21-95 An Ordinance of the City Council of the City of Orange amending Chapter 17.18 of
the Orange Municipal Code relating to the Commercial Recreation District. (
A2500.0)
Amendment 4-95
City of Orange
MOTION - Barrera SECOND -
Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater
That Ordinance No. 21-95 have first reading waived and same was set for s,econd reading by
the preceding
vote.PAGE
CITY COUNCIL MINUTES November 28, 1995
9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
10.ORAL PRESENTATIONS TAPE 2760
Carole Walters, 534 N Shaffer Street, was concerned that citizens do not have an opportunity to
know what is going on when items are presented and voted on at the same meeting and was upset
with the vote relative to calling the election. Ms. Walters further commented that the Oversight
Advisory Committee kept track of funds.
Mayor Coontz eXplained that the Treasurer, and ultimately the City Council, are responsible not
the advisory committee. Relative to the election, the City Manager stated because of time
constraints action was imperative in order to meet deadlines for the March election if the Council
chose to go forward.
Geneva Fulton, 1801 N Greenleaf, Santa Ana, spoke in support of the City Treasurer and City
Clerk being appointed. She stated anyone can get in office through election. The residents have
until March to decide.
11. RECESS
MOTION - Murphy SECOND -
Barrera AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater The City Council
recessed at 6:07 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 aI., Orange County Superior Court Case No. 73-86-30.
Lifefleet, Inc.
vs. City of Orange, Orange County Superior Court Case No. 73-38-65.
Medix
Ambulance Service, Inc. vs. City of Orange, Orange County Superior Court
Case No. 73-44-
97.REMOVED FROM THE
AGENDA)In re: Bankruptcy Petition of County of Orange Investment Pools, U.
S.Bankruptcy Court Case Nos. SA 94-22272 and
SA 94-22273 b. Conference with Legal Counsel -
anticipated litigation.Initiation oflitigation pursuant to Government Code Section 54956.9(
c) (one
potential case).c. To consider and take possible action upon such other matters as are orally announced
by the City Attorney, City Manager, or City Council prior to such recess unless the motion
to recess indicates any of the matters will not be considered in
Closed Session.
CITY COUNCIL MINUTES November 28, 1995
7:00 P.M. SESSION
The City Council reconvened at 7:08 p.m.
12.1 INVOCATION
Reverend Virginia Erwin, Trinity Episcopal Church
12.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Mark Murphy
12.3 ANNOUNCEMENTS - None 12.
4 INTRODUCTIONS - None 12.5
PROCLAMATIONS - None 12.6 PRESENTATIONS -
None 12.7 Report concerning
a ballot measure to determine whether the City Treasurer and City Clerk should be
appointed or elected. (EllOO.O) TAPE 3054 The Assistant City Attorney
reported that Council consideration of three resolutions concerning the Special Municipal Election
on March 26, 1996, was continued from the 4:30 p.m. session. He read the following resolution
titles and numbers:Resolution No. 8555, A
Resolution of the City Council of the City of Orange, California, calling and giving notice of
the holding of a Special Municipal Election to be held on Tuesday, March 26,1996, for the submission
to the voters of the question relating to the appointment of the offices of City Treasurer and City
Clerk.Resolution No. 8556, A
Resolution of the City Council of the City of Orange, California,requesting the Board of
Supervisors of the County of Orange to consolidate a Special Municipal Election to be held
on March 26, 1996, with the Statewide Primary Election to be held on that date pursuant to Section
10403 of the Elections Code.Resolution No. 8557, A
Resolution of the City Council of the City of Orange, California, setting priorities for filing written
arguments regarding a City measure and directing the City Attorney to prepare an impartial analysis.
MOTION - Murphy SECOND - Barrera
AYES - Murphy, Barrera,
Mayor Coontz, Spurgeon,
Slater Moved to adopt Resolution Nos. 8555, 8556
and 8557.PAGE 10
CITY COUNCIL MINUTES November 28, 1995
13.PUBLIC HEARINGS TAPE 3139
13.1 SANTIAGO BOULEVARDIBROOKSIDE AVENUE, LEFT TURN
PROHmmON, CITY OF ORANGE:
The 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 ofa raised island was continued from October 10, 1995 to this time. (S4000.S.3.
3)The Public Works Director explained that staff was directed to meet with the City of Villa Park
to develop an alternative acceptable to both cities and provide a reasonable level of safety
for motorists. It is recommended that all traffic movements be retained but enhancements be
added to eliminate the wrong-way movement in the left-hand turn pocket and the
potential for head-on collision within the two-way left-turn lane by installing
delineators to separate and signage. Villa Park is willing to prohibit left turns out of the shopping
center to reduce congestion and restrict right turns on red at SantiagolWanda, if
needed. The recommendation using enhanced delineation is not consistent with the Traffic Commission's recommendation,
but will provide safety at the intersection. Staff will monitor the situation
and report back in six months.The City Manager commented that staff met with the City of
Villa Park concerning this issue and they are pleased with the
solutions and feel they are reasonable.Mayor Coontz stated that Mayor pro tern Barrera disqualified himself
from voting on this issue at a previous meeting. Following consultation with the
Assistant City Attorney, Mayor pro tern Barrera stated he had abstained on the previous plan because he
had prejudged it; however, this is a new plan and he will participate in voting. The Assistant City
Attorney stated this was a traffic control
matter and not a quasi-judicial
decision.MAYOR COONTZ
OPENED THE PUBLIC HEARING.Speaking in favor:Daryl Hansen, 1676 N Fern, felt
the
proposed recommendation would work and voiced agreement.Carole Walters, 534 N Shaffer Street, asked
about signage. The Public Works Director stated there will be a sign for southbound traffic on the traffic signal mast
arm to keep the
lane clear and use the next drive.THERE BEING NO
FURTHER
COMMENTS, MAYOR COONTZ
CLOSED THE PUBLIC
HEARING.MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Barrera,
Mayor Coontz,
CITY COUNCIL MINUTES November 28, 1995
13. PUBLIC HEARINGS (Continued)
Moved to approve a modified reinstallation of the left-turn channelization "of record"
at Brookside Avenue and the Villa Park Shopping Center central driveway providing a
northbound left-turn pocket into Brookside Avenue and replacing the existing two-way
left-turn lane serving the Villa Park Shopping Center central driveway with a
striped southbound left-turn pocket.13.2 GENERAL PLAN AMENDMENT 3-
95,
BIKEWAYS MASTER PLAN, CITY OF ORANGE:Time set for a public hearing on petition by the City of Orange
to consider a proposal to amend the General Plan, Circulation Element by modifying the
existing Bikeways Master Plan to include a comprehensive system of bike routes that provide access
to the City's residential areas,businesses, schools, as well as connections to adjacent cities
and
County bike routes. (C2300.E.AMD-3-95)The Manager of Advance Planning stated the purpose of
the Bikeways Master Plan is to make it easier for bicyclists to traverse the City for
work and business purposes, with recreation use as secondary. Through AB 2766 funds, consultants were
hired to assist staff with preparation of the master plan along with an interdepartmental
team and input from a citizens advisory committee.The goals are to: provide
a City-wide bikeway system integrated with other transportation systems; link residential areas to major
activity centers; connect City bikeways to trails in adjacent cities; and provide and maintain
a safe and convenient bikeway system. Implementation will occur over 15-20 years as funding
is available and will provide linkages within the existing fragmented system. The
Parks, Recreation and Cultural Arts Commission and Traffic Commission both agree with
the plan. The Planning Commission recommends approval with the following comments: 1) the Southern
Pacific Railroad right-of-way trail be pursued north and south of Chapman Avenue; 2)
that Maple Avenue between Lemon and Atchison be added; and 3) that installation
of bicycle buttons at signalized intersections be provided when possible. At present AB 2766 funds will
be used with very little general fund expenditure. Relative to formation ofa
permanent bikeway committee, the advisory committee can be retained and the Traffic Commission can
act as the hearing body contingent
upon formal appointmemt by the Council.MAYOR COONTZ OPENED THE
PUBLIC HEARING.THERE
BEING NO COMMENTS,
MAYOR COONTZ CLOSED THE PUBLIC HEARING.MOTION - Spurgeon
SECOND - Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Approved Negative Declaration 1480-
95 concluding that the project will not have a significant adverse impact on the
environment
or wildlife
CITY COUNCIL MINUTES November 28, 1995
13. PUBLIC HEARINGS (Continued)
MOTION - Spurgeon SECOND -
Murphy AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Approved General Plan
Amendment 3-95 as outlined in Planning Commission Resolution No. PC-42-95.
13.
3 EMINENT DOMAIN PROCEEDINGS, 490 SOUTH MAIN STREET AND 1435 WEST
LA VETA A VENUE, CITY OF ORANGE:Time
set for a public hearing to receive and consider all evidence and reports relative to determine the
necessity for the City to acquire by eminent domain real property located at 490 S. Main Street
and 1435 W. La Veta Avenue. (C2500.M.14)The
Public Works Director explained that it was necessary to acquire right-of-way
through eminent domain for construction of improvements at the intersection of La Veta and
Main,identified in the General Plan as a critical intersection with traffic projections being reached by
the year 2010. The Public Works Director discussed intersection improvements which also
were identified as mitigation measures in Fashion Square and La VetalMain/Chapman streets
project environmental impacts. The project is of regional significance and qualifies for Measure
M
funding.MAYOR COONTZ OPENED THE PUBLIC
HEARING.Speaking in
opposition:Dana Daum, 484 S. Main Street, representing James A. Daum, fee owner of subject
property,and personally as owner of the Main Street Sandwich Saloon, submitted a written statement
from James A. Daum objecting to the resolution. He personally objected on the same grounds
stating the proposed taking adversely affects the Sandwich Saloon and requested that Council adopt
a plan which considers the
impact.THERE BEING NO FURTHER COMMENTS, MAYOR COONTZ CLOSED THE
PUBLIC
HEARING.CEQA
motion:
MOTION
SECOND
AYES
Murphy Slater
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved
that on March 24, 1992, the City Council reviewed, considered and certified Environmental
Impact Report No. 1398 on the widening of La Veta Avenue, Main Street and Chapman
and that such EIR concluded that these street widenings would result in taking and PAGE
13
CITY COUNCIL MINUTES November 28, 1995
13. PUBLIC HEARINGS (Continued)
displacement of businesses identified in Resolution No. 8550. The City Council determines that
the findings in such EIR are applicable to the proposed acquisition of property for which
Resolution No. 8550 is being considered and that the proposed acquisition is consistent with the
project as proposed in the subject EIR and therefore no further environmental review is required.
In conjunction, moved that the findings as set forth in Environmental Impact Report No. 1398 are
applicable to the acquisition of property as set forth in Resolution No. 8550.
RESOLUTION NO. 8550
A Resolution of the City Council of the City of Orange declaring certain real property located at
490 South Main Street and 1435 La Veta Avenue necessary for public purposes and authorizing
the acquisition thereof.
MOTION
SECOND
AYES
Murphy Coontz
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater That Resolution No.
8550 as introduced, be adopted and same was passed and adopted by the preceding vote.13.
4 JOINT
PUBLIC HEARING, ANNUAL MEETING OF THE ORANGE REDEVELOPMENT AGENCY: TAPE
4752 Time set for
a joint public hearing regarding the Orange Redevelopment Agency's Annual meeting. (R3500.0)
The Interim Economic
Development Director reported that plans are being formulated for an easy to understand comprehensive
statement of income and expenses, including operating and project development expenses. Annual
expenses are exceeding annual income and a plan needs to be developed to stop
the imbalance. Draft guidelines have been prepared to evaluate all requests for public assistance consistently
and fairly so funds are disbursed equitably. The guidelines include 14 criteria which
projects should include and have been distributed to department heads for comments. It was
noted that special guidelines have been developed for tenant improvements.MAYOR COONTZ OPENED
THE PUBLIC HEARING.Barbara DeNiro, 1118
E. Adams, asked how taxpayer money is allotted for redevelopment; how many times a
project can apply for funding; ifthere was follow-up on use of funds; if there was accounting available
relative to profit and loss; and questioned why figures were not provided for the southwest.
She also pointed out that the downtown parking lots are dirty.The Interim
Economic Development Director stated that funds are allocated under State Redevelopment law;
there are no rules for the number of times for project applications; follow-up needs
to be improved with possible privatization for compliance and monitoring; at present, the accounting
for profit and loss is not compiled in one place, but a comprehensive list of every PAGE
14
CITY COUNCIL MINUTES November 28, 1995
redevelopment project will be compiled and new projects tracked; and figures for southwest will
be supplied.
Mayor Coontz asked if the report can be more user friendly and questioned the value of money
spent on exterior renovation if tenants are not maintaining. The Interim Economic Development
Director stated there are state guidelines for reporting, but latitude is provided in the narrative
section. The City can include upkeep compliance in applicable documents.
THERE BEING NO COMMENTS, MAYOR COONTZ CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 8553
A Resolution of the City Council of the City of Orange receiving and authorizing the filing of the
Annual Report of the Orange Redevelopment Agency.
MOTION - Barrera SECOND -
Murphy AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater That Resolution No.
8553 as introduced, be adopted and same was passed and adopted by the preceding vote.14.
PLANNING AND
ENVIRONMENT - None 15.ORAL PRESENTATIONS TAPE
5468 Scott Specht, 776 N
Orange, complained about an unsightly converted bus parking on neighborhood streets and submitted
pictures for Council review. The bus belongs to a neighborhood resident, is licensed
as a motorhome, and moved from place to place to avoid ticketing.Hugo Nielsen, 775
N
Orange, also complained about the bus, stating residents within a four-block area are upset.
The City Manager stated
that appropriate department heads will work together in order to obtain a solution to the
situation and will report back to Council.Carol Walters, 534 N
Shaffer Street, was opposed to any decision to allow three or four houses to be held on
City property for Orange Cares.The City Manager stated
that Orange Cares is considering grant funding to acquire abandoned property from Chapman University
and to move the houses temporarily to Struck Street.Alternate plans for grant
funding were suggested to Orange Cares and no formal request has been made relative to this
issue.Debbie Stilwell, 239 S.
Center, requested to speak relative to litigation concerning Marty Gelbar. The Assistant CityAttorneyadvisedCouncilnottoparticipateinanydiscussionbecausePAGE15
CITY COUNCIL MINUTES November 28, 1995
15. ORAL PRESENTATIONS (Continued)
of pending litigation with Mr. Gelbar. Ms. Stilwell was encouraged to make an appointment with
the City Attorney. Mayor Coontz declined testimony of Ms. Stilwell.
16. ADJOURNMENT
MOTION - Spurgeon SECOND -
Barrera AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater The City Council
adjourned at 8:25 p.m.AfA1/U~/tb
CH-k-A-IT-
CASSANDRA 1. ATHCART, CMC
CITY CLERK
t( f( ~ ~ {' ,.: r.' '<.- i JOANNE
C. COONTZ MAYOR
PAGE
16