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07-12-1994 Council Minutes1 APPROVED BY CITY COUNCIL ON JULY CITY COUNCIL MINUTES OF A REGULAR MEETING 26; 1994 ORANGE, CALIFORNIA JULY 12, 1994 The City Council of the City of Orange, California convened on July 12,1994 at 3:00 P.M. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 3:00 P.M. SESSION 1. OPENING 1.1 PLEDGE OF ALLEGIANCE TO THE FLAG 1.2 ROLL CALL PRESENT - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer 1.3 APPROVAL OF MINUTES Regular Meeting June 21, 1994.MOTION - Murphy SECOND - Coontz AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer ACTION: Approved. Regular Meeting June 28, 1994.MOTION - Coontz SECOND - Barrera AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer ACTION: Continued to July 19, 1994. 1.4 PRESENTATIONS/ANNOUNCEMENTS/ INTRODUCTIONS The presentation of Christi Hayes' portrait, former Miss Orange, will be rescheduled due to Miss Hayes absence.1.5 PROCLAMATIONS - None 2.CONSENT CALENDAR TAPE 63 2. 1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a regular meeting of July 12, 1994, 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.PAGE 1 CITY COUNCIL MINUTES JULY 12,1994 2. CONSENT CALENDAR (Continued) ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk. 2.2 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in payment of demands. ACTION: Approved. 2.3 Request to execute escrow documents relating to the purchase of right-of- way at 458 S. Glassell St. (AZIOO.0. Agr.2255)FISCAL IMPACT: Estimated at $12,711.00 to be provided through # 272 funds.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.REMOVED AND HEARDSEPARATELY)2.4 Request Council approve agreement with the Orange International Street Fair Corporation. (AZI00.0.Agr. l071.E)FISCAL IMP ACT: None.Councilman Murphy commented on the letter attached to this item regarding Council approval of the Street Fair Corporation's proposed underground electrical wiring project in the Plaza area, subject to final review of the exact location of the panel boxes.Carroll Johnson, 100 S. Glassell, indicated the request for approval is needed immediately in order for the work to be completed before the beginning of the Street Fair.The Director of Public Works indicated they are aware of the work in progress.The City Attorney reported the request could be incorporated into the subject agreement.MOTION - Murphy SECOND - Coontz AYES - Spurgeon, Barrera, Beyer, Coontz ABSENT - Mayor Beyer ACTION: Authorized Mayor and City Clerk to execute on behalf of the City with the addition of the written request concerning the electrical underground installation to support the Street Fair which has been coordinated by the Orange International Street Fair Committee, with staff's concurrence.2.5 Request Council approve the consultant agreement with the Orange County Youth and Family Services. ( AZlOO.0.Agr.2125.A)Page 2 CITY COUNCIL MINUTES JULY 12,1994 2. CONSENT CALENDAR (Continued) FISCAL IMPACT: Funds available in Community Development Block Grant Program. ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City. REMOVED AND HEARD SEPARATELY) 2.6 Request Council approve amended agreement with James A. Black, to include the addition of forensic examination of graffiti at a yearly cost of $9,000. AZ100.0.Agr.2127.A) FISCAL IMPACT: Additional appropriations of $9,000 to new account 100- 4041-426700 will increase overall budget, bringing Mr. Black's annual contract to $12, 600.Councilman Spurgeon asked for clarification as to why this item was not discussed during the budget process, and where will the funds come from?The City Manager reported this request is for additional funding and if they run short, it will be reviewed at mid-year. This request has just now surfaced so it was not a part of the budget process.MOTION - Spurgeon SECOND - Barrera AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City.2.7 Request Council approve an appropriation of $33,000 to account 100-4011-429500 for P.O.S.T. reimbursable training. (C2500.K) FISCAL IMP ACT: General Fund will be impacted by approximately $5,500. ACTION: Approved. 2.8 Request Council approve agreement to assign the City's contract with CMSI to Business Records Corporation. (AZI00.0.Agr.0978.B.4) FISCAL IMPACT: None. ACTION: Authorized Mayor and City Clerk to execute on behalf of the City. REMOVED AND HEARD SEPARATELY) 2.9 Approve and authorize the award of Bid No. 934-27, Installation of Street Name Signs, to Traffic Operations, Inc., Pomona, CA, in the amount of $12,480 and reject all other bids.Continued from 6-28-94.) (AZI00. 0.Agr.2256)FISCAL IMP ACT: There are sufficient funds in the Traffic Safety CITY COUNCIL MINUTES JULY 12,1994 2. CONSENT CALENDAR (Continued) The Traffic Engineer reported a meeting was held with the low bidder. It was staff's opinion there had been difficulty with their past work. The City would be best served by awarding the contract to the second low bidder. The difference between the bids was approximately $208.00. This project will complete the street name sign program for the City. MOTION - Spurgeon SECOND - Murphy AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.10 Request authorization to approve a Deferred Payment Loan and a Low Interest Loan and authorize the Finance Department to prepare warrants. (C2500.G.l.3.3)FISCAL IMPACTS: Fundsin the amount of $16,000.00 are available in Account No.315-6052-813001-000 ( Deferred Payment Loan) and funds in the amount of $5,000 are available in Account No. 316-6054-464203 (Low Interest Loan) for Case No. 567.ACTION: Approved.2.11 Request Council approve authorization for advertising to invite bids for street improvements on Santiago Canyon Road, Phase II, from Hunters Way to Newport Boulevard; S.P. 2940. (S4000.S. 7)FISCAL IMPACT: None.ACTION: Approved.2.12 Request Council consider a request from Mary Crawford to utilize City right- of-way in placing tables and chairs in conjunction with a proposed European style coffee-tea shop located at 22 and 26 Plaza Square. (R1200. 0)FISCAL IMPACT: None.ACTION: Approved.2.13 CLAIMS FOR DAMAGES FROM: (C3200.0) a. Betty J. Arnold b. Carmel Quinn FISCAL IMPACT: None.ACTION: Denied claims and referred to City Attorney CITY COUNCIL MINUTES JULY 12,1994 2. CONSENT CALENDAR (Continued) 2.14 Approve and authorize the award of Bid No. 945-01, Fire Hydrants, Burys and Extensions as follows: Schedule I Fire Hydrants to Clow Valve Company, Corona, CA in the amount of $42,750 and Schedule II Burys and Extensions to Long Beach Iron Works,Long Beach, CA, in the amount of$25,350. (AZI00.0.Agr.2257, 2258)FISCAL IMPACTS: There are sufficient funds in the Hydrant Fund.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.15 Request Council approval to renew agreement between the City and Orange Elderly Services, Inc., in the amount of $211,000.00 to provide services for senior citizens.AZI00.0.Agr.0974. J)FISCAL IMPACTS: Sufficient funds are available in Account 210-7032-426700.ACTION: Authorized the Mayor and City Clerk to execute on behalf of the City. MOTION - Spurgeon SECOND - Coontz AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer Items 2.4, 2.6 and 2.9 were removed and heard separately; all remaining items on the Consent Calendar were approved/denied as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER - None 4.REPORTS FROM COUNCILMEMBERS TAPE 345 4.1 Report from Councilman Murphy regarding a gift ban ordinance. (A2500.0)Councilman Murphy reported the intent of the proposed ordinance is to remove a seemingly erosion of public confidence through outright outlawing the acceptance of gifts by elected,appointed officials and designated employees. This is a follow-on to ongoing reform that was initiated a few years ago with the advent of term limits and campaign contributions. This is a move forward on a proactive basis.Shirley Grindle, 5021 Glen Arran, complimented the Council for their efforts on the ordinance.The County has already had one year's experience with the gift ban ordinance. The County,within the next few months, will be amending their ordinance to incorporate corrections which have arisen. The City's proposed ordinance already has these changes.Page 5 CITY COUNCIL MINUTES JULY 12,1994 4. REPORTS FROM COUNCILMEMBERS (Continued) Ms. Grindle suggested the following changes: Business Licenses should be excluded from the definition of doing business. In Item f, g and i, add the words, "excluding a business license." The City Attorney commented he would make the corrections with Council's permission. The hospitality issue was discussed and Ms. Grindle felt it was a problem if Councilmembers or designated employees were invited to developer's homes because these people would be seeking approval for projects. Further the $2.00 hospitality limit was raised to $5.00 to cover coffee, glasses of wine, etc, but no lunches. The following people spoke in favor of the proposed ordinance: Mara Brandman, 7319 Equitation Way Bob Bennyhoff, 10642 Morada Dr. Councilwoman Coontz commented she had received a number of questions by the Chamber of Commerce and the business community and will forward them to the City Attorney. It was noted the violation of this ordinance is a misdemeanor, and this message needs to be communicated to the business community, people running for office and all designated employees. Also, the City should not be giving the message that Councilor any designated employee is not accessible or hospitable. It was suggested a preamble be added to the ordinance that indicates the goals and the fact that it is not written in an accusatory way against anything that mayor may not have been done up to the time when this ordinance goes into effect. The City Attorney opined there is a purpose clause and if changed the ordinance would be delayed. Councilwoman Coontz asked if the proposed ordinance could disenfranchise a number of professionals who might seek Council positions, i.e. honorarium - where is the line drawn between sharing professional expertise and skill and the job of a Councilmember? What is the difference between an honorarium and self-employment as an expert or educator? Does an honorarium from a department of a university to a Council member constitute a violation? The City Attorney reported there may be some gift which could be called an honorarium and this is why it was inserted in the proposed ordinance. Legislation has been introduced and signed by Governor Wilson that will prohibit honorarium. This will not become effective until January, 1995. Ms. Grindle commented honorarium is not covered in the current County Ordinance but effective January 1, 1995 all local elected officials will not be allowed to receive honorarium under any conditions. There is a proviso you cannot take honorarium from someone you are doing business with. Newspaper articles are acceptable honorarium. Page 6 CITY COUNCIL MINUTES JULY 12, 1994 4. REPORTS FROM COUNCILMEMBERS (Continued) Councilwoman Coontz suggested with the passage of this ordinance that Council review the Economic Development budget to give the City the benefit of enough money to cover necessities as the introduction of people to the business community. One of the goals at this time is to increase business. Dennis Johnson, 1104 E. Del Mar, Orange, President of the Chamber of Commerce, asked for clarification of the ordinance. Brent Hunter, Executive Director of the Chamber of Commerce, asked several questions concerning the proposed ordinance. Council discussed the preamble suggestion. It was felt communication could be accomplished in a form other than the ordinance. The ordinance will not become effective until October which will give ample time for communication. Councilwoman Coontz felt the message of the ordinance has not been communicated to the community or city employees. ORDINANCE NO. 14- 94 An Ordinance of the City Council of the City of Orange adding Chapter 2.15 to Title 2 of the Orange Municipal Code relating to the donation and receipt of specified gifts to public officials. MOTION SECOND AYES ABSENT Murphy Spurgeon Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Ordinance No. 14-94 have first reading waived and same was set for second reading by the preceding vote. 5.REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 1539 TAPE 5. 1 Accept with regrets the resignation of Nancy Way from the Orange Public Library Board of Trustees and instruct the City Clerk to advertise the vacancy pursuant to Maddy Act requirements. ( C2500.I.l)MOTION SECOND AYES ABSENT Spurgeon Coontz Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Accepted Nancy Way' s resignation with regrets.Page 7 CITY COUNCIL MINUTES JULY 12,1994 5. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued) 5.2 Accept the appointment of Mary Henderson to the Orange County Senior Citizens Advisory Council Transportation Committee, term to expire 07/29/96. (ORI800.0.12.3) MOTION SECOND AYES ABSENT Approved. Spurgeon Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer 6. ADMINISTRATIVE REPORTS TAPE 1561 6.1 Request from Orange County Farm Bureau for the operation of a certified farmers market in the 100 block of North Orange Street for a 60-day trial period subject to specified conditions. (Continued from 6-21-94.) (R1200.0)The Director of Community Development reported a meeting was held last week with all interested parties discussing their concerns. It was concluded that the parking lot south of Chapman Avenue between Orange and Grand Avenue could be used with some condition.Saturday was preferable over Sunday. This is a test period of90 days between now and October.The hours of operation are 8:00 a.m to 2:00 p.m on Saturdays. The Methodist Church has requested access to their kitchen facilities which are located off the parking lot. Liability insurance needs to be provided, as well as adequate trash bins and restroom facilities required.Also a minimum weekly fee to be charged to the Farm Bureau which will cover costs that might be incurred by the City.It was suggested that after three weeks of operation, Farmers Market would be reviewed by an administrative group that includes the City Manager and Brent Hunter, Executive Director of the Chamber of Commerce to review any problems and concerns.Carole Walters, 534 N. Shaffer, commented people did not know about the meeting until the last minute. The Downtown Task Force does not communicate with the community and Mrs. Walters felt the Task Force should be concerned about the entire community not just a select few. The Task Force should have to go through the Council with public hearings because they only want their own special interests.Mary Jo Harper, Assistant Minister of the Methodist Church, 160 S. Orange, remarked they can accommodate the Farmer's Market operation and it a positive opportunity for the City.MOTION SECOND AYES ABSENT Murphy Barrera Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Page 8 CITY COUNCIL MINUTES JULY 12,1994 6. ADMINISTRATIVE REPORTS (Continued) Moved to approve the request as amended in the Community Development Director's staff report dated July 7, 1994. URGENT REQUEST - Film commercial in the plaza area. (P1300.0)MOTION SECOND AYES ABSENT Spurgeon Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved that the need to discuss this item arose after the posting of the agenda.The Director of Community Development reported a request had been received from Watermelon Company to film a commercial in the plaza area, closing the plaza on July 17, 1994 from 6:00 a.m. to 12: 00 p.m. and to partially restrict parking on July 18, 1994 from 10:00 a.m. to 12:00 p.m.The Economic Development Specialist reviewed the permit process and reported the film company had supplied all insurance certificates and are compiling costs for City services.Wayne F. Miller, 1201 E. Katella Avenue, Chairman of the Orange Economic Development Partnership, expressed support for the request to film.Council discussed the need for a basic policy and guidelines for this type of request. The City Manager is in the process of completing a procedure policy.MOTION SECOND AYES ABSENT Spurgeon Coontz Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved to approve the request. 7.REPORTS FROM CITY MANAGER TAPE 2394 7. 1 Request for authorization to recruit for Director of Economic Development.The City Manager reported this request is the first step in establishing a new Department of Economic Development. Within that department, economic development will be emphasized utilizing the tools of redevelopment and CDBG funding. This is the initial step of some quantum leaps this community will take to retain, recruit, and have businesses expand within the City boundaries. (C2500.J.l)Page 9 CITY COUNCIL MINUTES JULY 12, 1994 7. REPORTS FROM CITY MANAGER (Continued) MOTION SECOND AYES ABSENT Coontz Spurgeon Spurgeon, Barrera, Coontz, Murphy Mayor Beyer Moved to approve the request.8. LEGAL AFFAIRS 8. 1 RESOLUTION NO. 8354 A resolution of the City Council of the City of Orange approving the Memorandum of Understanding between the City of Orange and the Orange County Employees' Association for the Orange Supervisory and Management Association concerning wages, hours and other conditions of employment effective June 26, 1994 through and including June 24, 1995, and repealing Resolution No. 7673 and amendments thereto for said employees. (C2500.J.4.1)MOTION SECOND AYES ABSENT Barrera Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8354 as introduced be adopted and same was passed and adopted by the preceding vote.8.2 RESOLUTION NO. 8356 A Resolution of the City Council accepting the completion of a certain public work and improvement. (AZlOO.0.Agr.2136)Street widening, reprofiling improvements and signal installation at the intersections of Collins Ave./Cambridge St. and at Collins Ave./ ShafferSt.; Phase II of S.P. 3053 - Bid #934-03 -Sully Miller.MOTION SECOND AYES ABSENT Barrera Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8356 as introduced be adopted and same was passed and adopted by the preceding vote.Page 10 CITY COUNCIL MINUTES JULY 12,1994 8. LEGAL AFFAIRS (Continued) 8.3 ORDINANCE NO. 13- 94 An Ordinance of the City Council of the City of Orange amending portions of Chapter 12.52 of the Orange Municipal Code relating to street dedications. (A2500. 0) MOTION SECOND AYES ABSENT Coontz Barrera Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Ordinance No. 13-94 have second reading waived and be adopted and same was passed and adopted by the preceding vote.8.4 RESOLUTIONNO. 8358 A Resolution of the City Council of the City of Orange approving the agreement between the City of Orange and the Water Department Employees' Association (WDEA), concerning wages, hours,and other conditions of employment effective June 26, 1994 through June 24, 1995, and repealing Resolution No. 7623 and amendments thereto for said employees. (C2500J.4.4.1)MOTION SECOND AYES ABSENT Coontz Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8358 as introduced be adopted and same was passed and adopted by the preceding vote.8.5 RESOLUTION NO. 8361 A Resolution of the City Council of the City of Orange relating to the classification, compensation and terms of employment for Miscellaneous Employees of the City of Orange and repealing Resolution No. 7853 and amendments thereto, for said employees. (C2500.J.4.7)MOTION SECOND AYESABSENT Barrera Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8361 as introduced be adopted and same was passed and adopted by the preceding vote.Page 11 CITY COUNCIL MINUTES JULY 12, 1994 8. LEGAL AFFAIRS (Continued) 8.6 RESOLUTION NO. 8362 A Resolution of the City Council of the City of Orange relating to the classification, compensation, and terms of employment of designated Executive Management, Staff Management, and Labor Confidential employees, and repealing Resolution No. 7878 and amendments thereto; and, further, amending Exhibit "A" and "B" of Resolution No. 7878 as described herein. (C2500JA.6) MOTION SECOND AYES ABSENT Murphy Spurgeon Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8362 as introduced be adopted and same was passed and adopted by the preceding vote.8. 7 RESOLUTION NO. 8352 A Resolution of the City Council of the City of Orange consenting to the approval by the Orange Redevelopment Agency of the First Amendment to the Disposition and Development Agreement between the Orange Redevelopment Agency and Home Depot U.S.A., Inc.A2100.0.Agr. 1798.1)MOTION SECOND AYES ABSENT Spurgeon Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8352 as introduced be adopted and same was passed and adopted by the preceding vote.8.8 ORDINANCE NO. 15-94 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 on the Northwest corner of Tustin Street and Washington Avenue, more particularly described as 236 and 250 South Tustin Street. (C2300.E)Zone Change: 1169-94 Applicant: Eugene 1. Saltzer, M.D.Page 12 CITY COUNCIL MINUTES JULY 12, 1994 8.LEGAL AFFAIRS (Continued) MOTION SECOND AYES ABSENT Barrera Coontz Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Ordinance No. 15- 94 have second reading waived and be adopted and same was passed and adopted by the preceding vote.8.9 RESOLUTION NO. 8357 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 located at 236 and 250 South Tustin Street. (C2300.E)General Plan Amendment 1-94 Applicant: Eugene 1. Saltzer, M.D.MOTION SECOND AYES ABSENT Coontz Spurgeon Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8357 as introduced be adopted and same was passed and adopted by the preceding vote.8.10 RESOLUTION NO. 8363 A Resolution of the City Council of the City of Orange concerning the status of the Circulation Element for the City of Orange. ( C2300.E)MOTION SECOND AYES ABSENT Murphy Spurgeon Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8363 as introduced be adopted and same was passed and adopted by the preceding vote.8.11 RESOLUTION NO. 8364 A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement. Bid No. 934-02; Nobest, Inc; Chapman Avenue from Santiago Creek to Yorba Street. (AZIOO.Agr.2135) Page 13 CITY COUNCIL MINUTES JULY 12,1994 8. LEGAL AFFAIRS (Continued) MOTION SECOND AYES ABSENT Coontz Barrera Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8364 as introduced be adopted and same was passed and adopted by the preceding vote.8.12 RESOLUTION NO. 8365 A Resolution of the City Council of the City of Orange amending and extending the terms of the Memorandum of Understanding between the City of Orange and the Orange Fire Management Association concerning wages, hours and working conditions of employment for the period of June 26, 1994 through and including June 24, 1995. (C2500J.4.3)MOTION SECONDAYES ABSENT Spurgeon Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8365 as introduced 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 Mike Perkins, 172 N. Glassell, Administrative Pastor of Son Light Christian Center, reported there are rumors circulating that indicate "if we know what is good for us we had better get out. "These rumors are frightening our congregation.The City Manager responded there is no coercion on the City's part. The City will support the church in any way it can. Nothing has been initiated by the City.Council discussion ensued and it was suggested the City Manager transmit a letter to the church regarding the City's position of support, which also extends to staff members.Carole Walters, 534 N. Shaffer, commented this began with the Downtown Task Force wanting a theater. Mrs. Walters asked what the Chambers' goals are?Mrs. Walters asked how the public watching television would know how and what Council was voting on during legal affairs?Page 14 CITY COUNCIL MINUTES JULY 12,1994 10. ORAL PRESENTA nONS (Continued) Councilwoman Coontz suggested the agenda item could be shown on the screen, and Councilman Murphy suggested the titles and actions could be announced. Mariola Szeglowska, 143 S. Cambridge St., asked why her request for a buffer wall between her residence and P. J. Meads (Cambridge Market) at the June 14, 1994 Council meeting was not on this agenda since is was continued for 30 days. Ms. Szeglowska commented the business is operating illegally and asked why the City Attorney cannot take action. The Director of Community Development reported they are having problems finding a way to legally require P. J. Meads to build the buffer wall because they are in an illegal form now. The direction is to try to make the Cambridge Deli a legal non-conforming use in that situation and are taking steps to resolve this. Last week a written proposal was received from P. J. Meads and a meeting will be scheduled with property owners on Cambridge to discuss and explore solutions.A report is scheduled for the first Council meeting in August.11. RECESS MOTION SECOND AYES ABSENT Murphy Barrera Spurgeon, Barrera, Coontz, Murphy Mayor Beyer The City Council recessed at 4:50 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) to wit:City of Orange vs. Refco Securities, Inc., NASD Arbitration No. 92-03685.National Advertising vs. City of Orange, United States District Court Case No.CV85-4968 Tlli(Kx).City of Orange vs. Orange County Sheriff, Orange County Superior Court Case No. 72 9718.City of Orange vs. Lumbermen's Mutual Casualty Company, et ai, Orange County Superior Court Case No. 71 8262.b. Conference with Legal Counsel - anticipated litigation. Initiation oflitigation pursuant to Government Code Section 54956.9(c) (one potential case).NOTE: This item was deleted from Closed Session. Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (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.Page 15 CITY COUNCIL MINUTES JULY 12,1994 7:00 P.M. SESSION 12. INVOCATION Helen Walker, Soroptimist International of Orange 12.1 PLEDGE OF ALLEGIANCE TO THE FLAG Flag Ceremony - Cub Scout Pack 586.12. 2 ANNOUNCEMENTS - None 12.3 INTRODUCTIONS - None 12.4 PROCLAMATIONS - None 12.5 PRESENTATIONS a. Presentation of an award by Stephanie Cohn representing the Orange County Chapter of the American Planning Association to the City Council for Planning Project Award for the "Plaza Design Collaborative. " Bob Tunstall, on behalf of the Board of Supervisors, presented the Plaza Design Collaborative members with a proclamation.b. Presentation of Certification of Recognition to Megan Marshall for being selected to participate in the Congress- Bundestag Youth Exchange Program.13. PUBLIC HEARINGS 13.1 LANDSCAPE MAINTENANCE DISTRICT NO. 82-1, ANNUAL LEVY AND COLLECTION OF ASSESSMENTS, CITY OF ORANGE:Time set for a public hearing on petition by the City of Orange to take proceedings to provide for the annual levy of assessments for the next ensuing fiscal year and to provide for the costs and expenses necessary to pay for the maintenance of the improvements in Landscape Maintenance District No. 82-1, which is located westerly of Meats Avenue in the vicinity ofMarywood and Shadowridge Streets, Tract 10486. (L1200.0.LMA 82-1) MAYOR PRO TEM BARRERA OPENED THE PUBLIC HEARING. The City Clerk announced all notice requirements were met. A letter of protest was received from Dean King, 4056 Old Town Rd., Addison, Texas, dated July 1, 1994. The City Engineer reported the 10 homeowners with the largest slopes maintained by the District Page 16 CITY COUNCIL MINUTES JULY 12, 1994 13. PUBLIC HEARINGS (Continued) will be responsible for 50% of the cost. The remaining 48 homeowners will share the balance of expenses equally. The Engineer's Report includes an assessment of $690 per lot per year for Lots 1 through 10 and $150.00 per lot per year for Lots 11 through 56. This is the same as last year's assessment. Speaking in opposition: Dennis Baker, 2458 Cottage Hill, commented the assessment costs should be split equally between property owners instead of having the 10 property owners on the slope pay a higher fee. When the homes were originally bought everyone signed an agreement to pay 2%. This was changed by the homeowners and is illegal. The City Engineer gave a brief history of the district which was formed in 1982. In 1986 the homeowners appeared before Council saying the assessment was an unfair distribution and requested the 10 homes that were supported on the slope pay more. Council agreed and the distribution of assessment as it is now was approved. Mr. Baker requested that the fence be moved because it is obstructing his view. Mayor pro tern Barrera directed the City Manager to assist Mr. Baker with his request. THERE BEING NO FURTHER SPEAKERS, MAYOR PRO TEM BARRERA CLOSED THE PUBLIC HEARING. RESOLUTION NO. 8348 A Resolution of the City Council of the City of Orange confirming the diagram and assessment and providing for the levy of the annual assessment for Special Maintenance District No. 82- 1 MOTION SECOND AYES ABSENT Coontz Spurgeon Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8348 as introduced be adopted and same was passed and adopted by the preceding vote.13. 2 LANDSCAPE MAINTENANCE DISTRICT NO. 86-2, ANNUAL LEVY AND COLLECTION OF ASSESSMENTS, CITY OF ORANGE:Time set for a public hearing on petition by the City of Orange to take proceedings to provide for the annual levy of assessments for the next ensuing fiscal year to provide for the costs and Page 17 CITY COUNCIL MINUTES JULY 12, 1994 13. PUBLIC HEARINGS (Continued) expenses necessary to pay for the maintenance of the improvements in Landscape Maintenance District No. 86-2 within the Upper Peters Canyon Specific Area (Santiago Hills).L1200.0. LMD-86-2)MAYOR PRO TEM BARRERA OPENED THE PUBLIC HEARING.The City Clerk announced all notices were mailed as required by law. No protest letters were received.Amy Shepard, representing WilIdan Associates, 888 S. West Street, Anaheim, gave the Engineer's Report. There was no need to increase fees in 1994/95. The following assessments are the same as last year: Single family detached home $297.17; Single family attached home $ 178.30 and Mixed use $3, 270. 00 per acre.THERE BEING NO FURTHER SPEAKERS, MAYOR PRO TEM BARRERA CLOSED THE PUBLIC HEARING. RESOLUTION NO: 8349 A Resolution of the City Council of the City of Orange confirming the diagram and assessment and providing for the levy of the annual assessment for Special Maintenance District No. 86- 2. MOTION SECOND AYES ABSENT Spurgeon Barrera Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8349 as introduced be adopted and same was passed and adopted by the preceding vote. 14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS R Carlson, 159 S. Cambridge, asked why the 30 day investigation for P. J. Meads (Cambridge Deli Market) was not on the agenda. Mr. Carlson introduced a letter dated August 25, 1993 from Ed Jang who owns the residence next to the deli market and indicated the deli market was operating illegally. The neighbors have complained to the Architectural and Transportation Barriers and Compliance Board and the Pacific Disability and Business Technical Assistance Center. This has to do with the City failing to enforce the law.The red curbs have made a difference, however Street sweeping was not done last week and the enforcement of the signage has been given to the Police Department. It was told to Mr. Carlson by several people that the Police do not have a budget to enforce the signage.Page 18 CITY COUNCIL MINUTES JULY 12, 1994 15. ORAL PRESENT A nONS (Continued) The Police Chief reported they took over the enforcement of street sweeping and are fully budgeted to do so. All areas are equally enforced. Some areas have signage problems and they have been corrected. It has not been found by the Police Department that certain areas have received favoritism or have political connections. The Director of Community Development commented he has spoken to the owner of the deli business and has received written material on how the problems would be corrected. It is the intention to have a neighborhood meeting within the next few weeks to discuss the problems. The report will be on the August 9, 1994 Council agenda. Mr. Dixon announced if the public has any evidence of corruption he would like to know about it to take action. Larry Bonham, 332 S. Olive St., expressed comments regarding the homeless and the anti- camping ordinance. Gary R. Meserve, 153 S. Cambridge, asked why the City does not go to P. J. Meads restaurant and padlock it until it comes into compliance and operates legally. It is open seven days a week from 7:00 a.m. to 11:00 p.m. The Director of Community Development commented the market has been there for many years. It is in a single family residential zone and the use has evolved to what there is today. The Zoning Code allows grandfathered types of uses. A neighborhood market has been at that location given it has evolved into something beyond that. The City would prefer to resolve this issue among the City and property owners rather than go to court. The City Attorney remarked information is still being gathered and it is the policy of the City Attorney's office not to file a criminal complaint until there is sufficient evidence to obtain a conviction. Carole Walters, 534 N. Shaffer, asked if someone applies for a business license and they are not in conformance, will they still get one? The Director of Community Development said no. Mrs. Walters felt this was selective enforcement and it is wrong. Page 19 CITY COUNCIL MINUTES JULY 12, 1994 16. ADJOURNMENT MOTION SECOND AYES ABSENT Murphy Barrera Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That City Council adjourned at 8: 13 p.m.JJ1 d' r,,/~/i { i! ~~2! i<P(/MARlL YN: NSE ~CITY CLERK Gene Beyer GENE BEYER MAYOR BY~~ t FRED L. BARRERA ....MAYOR PRO TEM Page 20