09-20-1994 Council MinutesfI.::.:-' ~"v' V ,~.-,Ic.)..t It l.-U..;\Cl-.l U\S:<..P'i.'Ef>1Bt:R. Ll 1j4.CITY COUNCIL
MINUTES OF A
REGULAR MEETING ORANGE, CALIFORNIA
SEPTEMBER 20,
1994 The City
Council of the City of Orange, California convened on September 20, 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
PLEDGEOF ALLEGIANCE TO THE FLAG 1.2
ROLL CALL PRESENT - Spurgeon,
Barrera, Coontz, Murphy ABSENT - Mayor Beyer
1.3 APPROVAL OF
MINUTES - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS -
None1.5 PROCLAMATIONS - None 2.CONSENT
CALENDAR TAPE 18 2.1
Declaration of City Clerk Marilyn
1. Jensen declaring posting of City Council agenda of a regular meeting of September 20, 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.ACTION: Accepted Declaration of Agenda Posting and
authorized its retention as a public record in the Office of the
City Clerk.2.2 CLAIMS FOR DAMAGES FROM: (C3200.
0)a. LEICA MARTINEZ b. DONALD SPENGLER c.
DONALD and MOIRA
NIEHAUS d. MICHAEL
SEIDENFELD FISCAL IMPACT: None.Action:
Denied Claims and
referred to City
Attorney and Adjuster.2.3 APPLICATION TO PRESENT A LATE
CLAIM FROM: (C3200.0)a. CORAROSE PAGE 1 r
CITY COUNCIL MINUTES SEPTEMBER 20, 1994
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: None.
Denied application to present a late claim and referred to the City Attorney and Adjuster.
REMOVED AND HEARD SEP ARATEL Y)
2.4 Request Council approve agreement with Municipal Resource Consultants (MRC) for
expanded revenue enhancement and economic development services.
A2100.0.Agr.2292)
FISCAL IMPACT: Estimated total compensation for the services provided is $50,000.00
to be paid for by the Orange Redevelopment Agency. The cost includes $40,000.00 for
the initial development of the Business License Information System (BLlS) and Geobased
Revenue Information Program (GRIP) and $10,000.00 for two quarterly updates of each
system. Total cost may decrease due to reimbursement by the State Controller's Office
and new revenues recovered through the revenue audit service.
Councilmembers requested clarification on this item and what the payback would be in
terms of potential savings. The Manager of Current Planning eXplained how this service
would assist staff in developing tools to make better land use decisions on a city-
wide
basis.The City Manager further explained how to identify links that exist between businesses
in order to target businesses to bring into the community and those that should not
leave.For example, in the Northwest Specific Plan area, which is industrial, the City needs
to identify what is there, the areas which can be promoted for businesses to come in
and identify those firms that link together. If the City expends $100,000 to recruit and
retain,the City should generate $100,000 a year in new dollars and cents. When these plans
are in place the City should see success dollar for
dollar.Mayor pro tem Barrera requested that he be notified when the City reaches a
payback.Councilwoman Coontz suggested a study session be scheduled to discuss the item in
more
depth.The City Manager commented a study session will be scheduled with the consultant
to bring Council up to
date.MOTION - Murphy
SECOND - Spurgeon AYES -
Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor
Beyer ACTION: Authorized Mayor
and City Clerk to execute agreement on behalf of the City.Page 2 T-
CITY COUNCIL MINUTES SEPTEMBER 20, 1994
2. CONSENT CALENDAR (Continued)
2.5 Request Council approve an agreement with The Roman Catholic Bishop of Orange for
participation in constructing street improvements along Santiago Canyon Road.
A2100.0.Agr.2293)
FISCAL IMPACT: None.
ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City.
2.6 Request Council approve Contract Change Order No. 1 and Final in the amount of
8,134.96 to Belczak & Sons, Inc., for Windes Drive Storm Drain; Bid No. 934-
33.A2100.0.Agr.
2249)FISCAL IMPACT: $8,134.96 in additional appropriations in the Drainage District
Fund are requested for this
project.ACTION:
Approved.2.7 Request from St. John's Lutheran School for closure of Shaffer Street between
Almond Avenue and Chapman Avenue from 2:00 p.m. to 7:00 p.m. on Saturday, October 22,
1994 to conduct their annual Fall Festival. (p1300.0.
9)FISCAL IMPACT: None. All fees and other requirements, including a Certificate
of Insurance, will have been met prior to the
event.ACTION:
Approved.2.8 Request from National Multiple Sclerosis Society to hold the MS150 Bike Tour
fund raiser cycling event on October 1, 1994 from 8:30 a.m. to 12:00 noon. (p1300.0.
9)FISCAL IMPACT: None. All fees and other requirements, including a Certificate
of Insurance, will have been met prior to the
event.ACTION:
Approved.2.9 Request from St. Norbert's Church to conduct the annual Octoberfest on September
30,1994 from 6:00 to 11:00 p.m.; October I from 12:00 noon to 11:00 p.m. and October
2,1994 from 1:00 to 9:00 p.m. (p1300.0.
9)FISCAL IMPACT: None. All fees and other requirements, including a Certificate
of Insurance, will have been met prior to the
event.ACTION:
Approved.2.10 Request Council approve an appropriation of $5,000.00 to Police Department for
Graffiti Reward Program. (C2500.
K)Page
3
CITY COUNCIL MINUTES SEPTEMBER 20, 1994
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Additional appropriation of $5,000.00 from Unappropriated Reserves
is requested to Account No. 100-
4021-443910.
ACTION: Approved.2.11 Request Council accept a grant in the amount of $1,000.00 from the County of
Orange to provide training to expand and develop the technology necessary for
computerized age progression of missing children. (
C2500.K)FISCAL IMPACT: Funds in the amount of$l,OOO.OO to be appropriated
from Account No. 100-4021-264600-
2304 to
Account No. 100-4021-429300.ACTION: Approved.2.12 Request from County of Orange to waive
60-day notice period for proposed lease of additional space at 1110 East
Chapman Avenue for the Fire Department's Community Safety
and Education Section. (
A2100.0.
Agr.1678.E)
FISCAL IMPACT: None.
ACTION: Approved.MOTION - Murphy SECOND - Coontz
AYES - Spurgeon, Barrera, Coontz,
Murphy ABSENT - Mayor Beyer Item 2.4 was removed and heard separately; all other items on
the Consent Calendar
were approved as recommended.
END OF CONSENT CALENDAR 3.
REPORTS FROM MAYOR BEYER Mayor pro tem Barrera announced he had visited Mayor Beyer who
sent his congratulations to the new
Fire Chief, Dave Rudat.4.REPORTS
FROM COUNCILMEMBERS TAPE 351 4.1 Report from Councilman Spurgeon on EI
Toro Reuse Planning Authority.Councilman Spurgeon reported approval was given for the first grant
from the United States Government in order to keep the process going. The grant is approximately $
700,000 and will take the process through November, 1994. The important significance is
that the Department of Defense has recognized the El Toro Reuse process
as the
official
CITY COUNCIL MINUTES SEPTEMBER 20, 1994
4. REPORTS FROM COUNClLMEMBERS (Continued)
This process concludes that three recommendations from the Executive Council will go to the
Board of Directors. The first is the airport; the two other plans would include other types of
development. The process has to be completed by January, 1996, and forwarded to the Board of
Directors of the EI Toro Reuse for their approval or modification. The Board would take one or
more of those plans, or all three, and send them to the Secretary of the Navy for final review,
approval, or amendments.
Orange County will not make the decisions for the ultimate reuse ofEI Toro. However, Orange
County has strong input through the planning process. A number of subcommittees have been
developed; land use community needs, aviation, transportation, economic development, and
environmental. These subcommittees will meet to review the impact of the land use community
needs and the aviation needs. They will be the primary driving force of the Executive Council as
they go forward. These meetings are open to the public and will be publicized.
If the initiative passes, the Orange County Council has indicated the process will go forward,
however there will be general plan amendments and changes in the EI Toro area. The Secretary
of the Navy and Department of Defense do not have to adhere to the effects of the initiative. The
Commanding General ofEl Toro indicated between now and 1999 when they leave El Toro there
will be no shared operations.
Councilwoman Coontz mentioned that recently the League of California Cities had a panel of
speakers discussing the pros and cons of various EI Toro reuse plans. The geographical location
of the cities in the area had a great deal to do with the emotional responses.
4.2 Request from Councilman Murphy to leave the State.TAPE 528
MOTION
SECOND
AYES
ABSENT
Spurgeon Barrera
Spurgeon, Barrera,
Coontz, Murphy Mayor Beyer Moved
to approve the
request.5. REPORTS FROM BOARDS,
COMMITTEES, AND COMMISSIONS - TAPE 539 5.1 Reappointment of the
following members to the Parks, Recreation and Cultural Arts Advisory Commission, terms to
expire September 13, 1996: (ORI800.0.10)Dennis Blake, Bill Holt, Robert
Pomeroy, Rudy Diaz Page 5 T
CITY COUNCIL MINUTES SEPTEMBER 20, 1994
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued)
MOTION
SECOND
AYES
ABSENT
Murphy
Coontz Spurgeon,
Barrera, Coontz, Murphy Mayor Beyer
Moved to approve
the reappointments.5.2 Accept
with regrets the resignation of Joe Lea from the Parks, Recreation and Cultural Arts Advisory
Commission and instruct the City Clerk to advertise the vacancy pursuant to Maddy
Act requirements. (ORI800.0.10)MOTION SECOND AYES
ABSENT
Coontz
Murphy
Spurgeon,
Barrera, Coontz,
Murphy
Mayor Beyer Moved to accept
the resignation ofJoe
Lea. The City Manager was instructed to send a letter of appreciation to Mr. Lea's widow
on Council's behalf The City Clerk was instructed to advertise the vacancy pursuant to Maddy Act
requirements.5.3 Appointment of Joseph N.
Baker to the Orange Public Library Board of Trustees,term to expire September 13, 1996. (
C2500.I.l)MOTION SECOND AYES ABSENT Spurgeon Coontz
Spurgeon,
Barrera,
Coontz,
Murphy
Mayor Beyer
Moved to
approve the appointment.6. ADMINISTRATIVE
REPORTS - None 7.
REPORTS FROM CITY MANAGER - None
8.LEGAL AFFAIRS TAPE 625
8.1 RESOLUTION NO. 8385 A Resolution
of the City Council of
the City of Orange finally
accepting the completion of a certain public work and improvement; Bid No. 934-33; D-l13; Belczak &
Sons, Inc.; Windes Drive Storm Drain. (A2100.0.Agr.2249)T--Page 6
CITY COUNCIL MINUTES SEPTEMBER 20, 1994
8. LEGAL AFFAffiS (Continued)
MOTION
SECOND
AYES
ABSENT
Coontz Murphy
Spurgeon,
Barrera, Coontz, Murphy Mayor Beyer
That Resolution No.
8385 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
TAPE 718 Councilmembers congratulated Bob
Bennyhoff on his 73rd birthday.PARKING PROBLEM Vincenta
Palladino, 761
S. Park Vine, Orange, read a statement regarding the removal of her van from their property
on November 23, 1993 by James and Marilyn Dunger, managing agents of 767 S. Park
Vine Street. A complaint was lodged against Police Officer Nichols regarding the van's removal.
The City Attorney
advised Council this matter is a continuation of a matter in civil court between Mr. Palladino and
possibly one of the neighbors. The City Attorney offered to speak to Mr. and Mrs. Palladino after
the meeting regarding the Orange Municipal Code. It would not be in order for Council to
get involved with a civil matter between neighbors.Al Palladino, 761
S. Park Vine, asked who his representative was at City Hall? He indicated he has written letters
and has not had one response in one and a half years.The City Attorney
indicated the Council is the elected body for the citizens of the City, but if its a special representative, to
represent him in court, he would have to get a legal representative.Further, Mr. Palladino
commented there should be an amendment created by the City to incorporate an easement
to assist the disabled to park in common driveways. Mr. Palladino distributed pictures.Police
Chief Robertson
eXplained the Police Department is trying to assist Mr. Palladino with the parking problem, however
it is a civil problem that has two different court orders. The property owner of the
common driveway has been difficult to contact.Mayor pro tem
Barrera instructed the Police Chief to meet with the City Attorney to discuss the problem with the
management company and to be patient.Page 7 I
CITY COUNCIL MINUTES SEPTEMBER 20, 1994
10. ORAL PRESENTATIONS (Continued)
MOBILE HOMES
Carole Walters, 534 N. Shaffer, remarked at the August 23, 1994 Council meeting, she had
addressed Council about mobile home parks, rent control, and assistance for mobile home park
owners. Rumors have been circulating that she was in favor of rent control for the City. This is a
lie. Mrs. Walters stated she did not talk about rent control for the City of Orange; it was for the
mobile home parks.
11. RECESS
MOTION
SECOND
AYES
ABSENT
Spurgeon Murphy
Spurgeon,
Barrera, Coontz, Murphy Mayor Beyer
The City Council
recessed at 4:00 p.m. to a Closed Session with the following changes:a. Conference with
Legal Counsel - existing litigation pursuant to Government Code Section 54956.9(a):This
item was deleted.
National Advertising vs. City of Orange, United States District Court Case No. CV
85-4968 TJH(Kx).City ofOrange
vs. United Pacific Insurance Company, et aI., Orange County Superior Court Case No. 72
42 36.This item was
deleted. City of Orange vs. Lumbermen's Mutual Casualty Company, et aI., Orange County
Superior Court Case No. 71 82 62.City of Orange
vs. County Sheriff, Orange County Superior Court Case No. 72 97 18.b. Conference with
Legal Counsel - anticipated litigation.Initiation oflitigation pursuant to
Government Code Section 54956.9(c) (two potential cases).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.d. The following was
added pursuant to Government Code 54957.6: Discussion regarding labor negotiations. City Negotiators: City
Manager, David Dixon and Acting Personnel Director,Steven Pham, Employee Organization:
Operations and Maintenance Unit of the Service Employees International Local 787.
Page 8
CITY COUNCIL MINUTES SEPTEMBER 20, 1994
7:00 P.M. SESSION
12. INVOCATION
Robb Morris, Orange Elks Lodge.
12.1 PLEDGE OF ALLEGIANCE TO THE FLAG
12.2 ANNOUNCEMENTS - None 12.
3 INTRODUCTIONS - None 12.4
PROCLAMATIONS - None 12.5 PRESENTATIONS
Fire Chief, Dave
Rudat, announced Jack-In-The-Box restaurant donated $250 to the
Orange County Burn Association which was accepted by Alex Carrassi, past president of
the Orange County Burn Association.
13.PUBLIC HEARINGS TAPE 1517
13.1 ABANDONMENT OF A PORTION OF AN EASEMENT, 8001 E. SANTIAGO
CANYON ROAD, CITY OF ORANGE: (S4000.S.4)
Time set for a public hearing on petition by the City of Orange to consider vacating and
abandoning a portion of the Santiago Canyon Road easement at 8001 E. Santiago Canyon Road.
MAYOR PRO TEM BARRERA OPENED THE PUBLIC HEARING.
The Acting Director of Public Works - City Engineer reported the right-of-way is no
longer needed due to the fact that the alignment of the road was precised by the County of
Orange several years ago. In negotiating for a right-of-way that was needed, the
City determined there was excess right-of-way on the Cray's property that was also needed.
Mr. Cray's driveway is proposed to be relocated for access. The proposed abandonment is
in keeping with the street widening project which is out
to bid at this time.THERE BEING NO FURTHER SPEAKERS, MAYOR
PRO TEM
BARRERA CLOSED THE
PUBLIC HEARING.RESOLUTION NO. 8383 A Resolution of the City Council of the City of Orange ordering
the vacation and abandonment of a portion of the Santiago Canyon Road easement at
8001 E.
Santiago
CITY COUNCIL MINUTES SEPTEMBER 20, 1994
13. PUBLIC HEARINGS (Continued)
MOTION - Spurgeon SECOND -
Coontz AYES - Spurgeon,
Barrera, Coontz, Murphy ABSENT - Mayor Beyer
That Resolution No. 8383
as introduced be adopted and same was passed and adopted by the preceding vote.TAPE 1609
13.2
EMINENT DOMAIN
PROCEEDINGS, 472-490 SOUTH MAIN STREET AND 1425 WEST LA
VETA A VENUE, CITY OF ORANGE: (C2500.M.14)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 472-490 South Main Street
and 1425 West La Veta.MAYOR PRO
TEM BARRERA OPENED THE PUBLIC HEARING.The Acting
Director of Public Works - City Engineer reported in March, 1992 Council considered Environmental Impact Report
No. 1398 for the potential widening of Main Street, West Chapman and La Veta
Avenue. This project is a system of streets that needed to be widened to accommodate the type
of densities that are being developed both in the City of Orange and in the City of Santa
Ana. EIR No. 1398 had several mitigating measures attached which had to be required as part
of the construction process. A parking study was required in those areas where right-of-way
was to be acquired, and the streetscape was to have a landscaped buffer.The
La Veta and Main Street intersection is identified as critical. Critical means it is expected to handle
a greater than normal type of traffic flow, with additional widths, right turn lanes, left turn lanes
and greater capacity in order to maintain an adequate level of service.A
request was submitted to Orange County Transit Authority for funding this project under their critical
intersection program. The City received an allocation for right-of-way and
construction.The City proceeded to accomplish a design that included the mitigation measures, as well
as getting appraisals for those properties involved. The property in question belongs to the
Daum Trust. This property by virtue of a traffic parking study and the appraisal process was
identified as having to be acquired in its entirety. The appraisal was completed by MAl and an offer
was made to the Daums. The City has consulted several times with the Daum Trust
representative,however the City has never received a reply to any offer. Because of the time limits
associated with the project, it was felt the condemnation action was
warranted.The City Attorney eXplained a finding on the California Environmental Quality Act would
be required if Council were to take action on the resolution of necessity. This has been
complied with in the certification of Environmental Impact Report No. 1398 which was previously
certified Page
10
CITY COUNCIL MINUTES SEPTEMBER 20, 1994
13. PUBLIC HEARINGS (Continued)
by the City Council on March 24, 1992. This sufficiently and adequately identified this project
and that certification was made in full compliance with CEQA and no further environmental
review is required, but before any action on a resolution, a CEQA finding would have to be made.
Speaking in opposition:
David Damn, 114 Blue Ash Court, Encinitas, representing James Daum, owner of the property,
entered objections to the taking of the property for the record. The property has been in the
family, under James Daum's ownership for 40 years. During that time they have enjoyed doing
business in the City of Orange and employing persons living in Orange and surrounding
communities. Mr. Daum hoped Council would consider this and recognize the need for the City
to improve as it sees fit. It was asked that Council consider Mr. Daum's contributions, needs and
rights as property owners.
David Daum indicated he was also representing Dana Daum.
THERE BEING NO FURTHER SPEAKERS, MAYOR PRO TEM BARRERA CLOSED THE
PUBLIC HEARING.
MOTION
SECOND
AYES
ABSENT
Coontz Murphy
Spurgeon,
Barrera, Coontz, Murphy Mayor Beyer
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 Avenue, and
that such EIR concluded that these street widenings would result in the taking and displacement
of the businesses identified in Resolution No. 8381. The City Council determines that the
findings in such EIR are applicable to the proposed acquisition of the property for which Resolution
No. 8381 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.RESOLUTION NO.
8381
A Resolution of
the City Council of the City of Orange declaring certain real property located at 472-490 South
Main Street and 1425 West La Veta Avenue necessary for public purposes and authorizing the
acquisition thereof.MOTION SECOND
AYES
ABSENT
T
Coontz
Spurgeon
Spurgeon, Barrera,
Coontz, Murphy
Mayor Beyer Page 11
CITY COUNCIL MINUTES SEPTEMBER 20, 1994
13. PUBLIC HEARINGS (Continued)
That Resolution No. 8381 as introduced be adopted and same was passed and adopted by the
preceding vote.
MINUTE ORDER - Councilwoman Coontz: "As a statement I would indicate that both the information
given by our City Attorney and by the City Engineer clearly indicates the process that we'
ve gone through to achieve this. "14.
PLANNING AND ENVIRONMENT - None 15. ORAL
PRESENTATIONS - None 16. ADJOURNMENT MOTION
SECOND AYES
ABSENT
Murphy
Barrera
Spurgeon,
Barrera, Coontz,
Murphy Mayor
Beyer The City Council adjourned
at 7:26
p.m.IJttt~Jt;(Hi? g ~MARILYN J NSE,
C~CITYCLERK GENEBEYERGENEBEYERMAYOR
BY:f(
2/~4?
H FRED
L.
BARRERA MAYOR PRO TEMPage
12 r