02-09-1999 Council Minutes
APPROVED BY THE CITY COUNCIL ON FEBRUARY 23, 1999
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING FEBRUARY 9, 1999
The City Council of the Cty of Orange, California, convened on February 9, 1999 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 INVOCATION
Father Art Holquin, Holy Family Cathedral
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Murphy
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ABSENT - None
1.4 PRESENTATIONS! ANNOUNCEMENTS! PROCLAMATIONS
Sister Marie Therese Solomon, Founder and Executive Director of the Lestonnac Free
Medical and Dental Clinic in Orange recognized as a recent recipient of The Daily Points
of Light Award. (C3500.0)
Leukemia Board President, Paul Glaab presented a plaque to Councilman Slater in
recognition of his support of the Annual Celebrity Waiters Dinner to benefit the
Leukemia Society. (C3500.0)
Mayor Coontz made the following announcements:
. Opening of the Main Library on February 6, 1999 was a huge success. Gary Wann,
Director of Community and Library Services reported over 5,000 people attended.
700 new library cards were issued and there was an average of 400 items checked out
per hour on that day.
. Friends of the Library were thanked for their gift of a new encyclopedia and the
Audio Visual drop box and for their innumerable hours of volunteer time.
. Opening of Interim Regional Trail connecting Irvine Park and Peters Canyon Park
took place this week. Staff and County crews were commended for their efforts.
. Opening of the West Leg of the Eastern Transportation Corridor will take place
Monday, February 22, 1999.
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2. PUBLIC COMMENTS
Carol Walters, (address on file), expressed concern regarding a home located in the 200
block of South Glassell Street established for the homeless and now cares for mentally ill
people. There is senior housing near there; and children going to school. A response was
requested on this issue two weeks ago and has still had no answer from the City.
Norm Phillips, 348 Redwood, commented on the raise on the cable television bill. On the
issue of recycling bins, the contract with Recycle Orange states that they were originally
purchased by that company at a cost of $347,000. The contract also says the City will
own them - not the citizens, and not Recycle Orange.
Mara Brandman, 7319 Equitation Way, reported that a developer was at a recent
Planning Commission meeting discussing property at Heim & Canal Streets behind
Sears. St Paul's Church is looking at this property for expansion. Ms. Brandman
requested Council contact the church that wants to expand and the developer that wants to
put residential buildings in a commercial zone. OP A is suing the City because of a zone
change. COP AC met with the leaders of Salem Church. Councilman Alverez will
inform Council of developments from these meetings.
Mayor Coontz responded that Community Care Homes can locate where they wish. The
Fire Department is aware of their locations. Assemblymen Campbell is currently seeking
state legislation to assist communities in determining where these homes are located.
City Manager Rudat responded that Pastor Paul Martin of St. Paul's Church had called;
however at this time the City is not in a position to intervene with the development
process.
Councilman Alverez asked the Fire Chief to bring back to Council the number of care
homes established in the City. Regarding Council members appealing Planning
Commission decisions, how can it best be done without giving the perception that
Council has already taken a stand.
The City Attorney responded that Councilmembers should avoid issues in which they
have a financial interest and should avoid actively participating or speaking out at
Planning Commission or Design Review Board meetings.
Laura Thomas, 7211 S. Clydesdale, President of Orange Park Acres Association,
expressed gratitude for the trail tying East Orange to Peters Canyon.
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CITY COUNCIL MINUTES
FEBRUARY 9, 1999
3. CONSENT CALENDAR
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of February 9, 1999 at Orange Civic Center, Main
Library at 101 N. Center St., Police facility at 1107 North Batavia, the Eisenhower
Park Bulletin Board, and summarized on Time-Warner Communications, 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.
3.2 Request Council Confirmation of warrant registers dated January 21, and 28,1999.
ACTION:
Approved.
3.3 Request approval of City Council Minutes, Regular Meeting of January 26,1999.
ACTION:
Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.5 Award a Professional Services Consultant Contract to Thielmann Engineers for
sanitary sewer improvements at Batavia Street from Taft Avenue to Grove Avenue,
Grove Avenue from Batavia Street to Glassell Street, and Glassell Street from
Grove Avenue to Fletcher Avenue. (A2100.0 AGR-3196)
SUMMARY: This contract will authorize the consultant to prepare a field survey,
geotechnical report, design calculations, plans, specifications, and cost estimates for
Batavia Street, Grove Avenue, and Glassell Street Sewer Improvements.
ACTION: Awarded contract in the amount of $39,210 to Thielmann Engineers and
authorize the Mayor and City Clerk to execute the contract.
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and
available in the following account: 520-5011-483200-5546 $538,650 (Sewer
Construction).
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FEBRUARY 9, 1999
3. CONSENT CALENDAR (Continued)
APPROPRIATIONS
(REMOVED AND HEARD SEPARATELY)
3.6 Appropriation for Jeff Franzen, CPA. (A2100.0 AGR-2854)
SUMMARY: The City has taken a number of steps to protect its interests and to identify
all possible losses pertaining to the Orange Resource Recovery System (ORRS)
investigation. As part of these efforts, the City hired a forensic accountant, a specialist in
fraud, who has been working with the District Attorney for the past year and a half.
Speaker: Carol Walters, address on file, asked if the City had paid for attorney fees on
other court cases?
The City Attorney indicated the City would always go after attorney fees whenever fraud
involved. Whether is it recoverable or not is dependent on how much money the
defendant has.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ACTION: Appropriated $60,000 to Account 220-4031-426700 (Sanitation Fund- Police
Detectives - Professional and Consultant Services).
FISCAL IMP ACT: Unreserved fund balance is available in the Sanitation Fund to fund
this appropriation. The City will seek reimbursement for these costs from ORRS.
BIDS
3.7 A proposal to approve plans and specifications and authorize advertising for the
City facility parking maintenance slurry seal of various parking areas and
miscellaneous streets for the fiscal year 1998/99. (P2500.0.9)
SUMMARY: The local dig-outs and crack sealing of the Civic Center and Corporation
Yard have been completed by City crews and are ready for slurry sealing and re-striping
by the contractor. Plans and specifications have been completed and the project is ready
to be advertised for bids. The estimated construction cost for slurry seal and striping of
the Civic Center and Corporation Yard is - $21,852.00, Miscellaneous Streets - $950.00,
TOTAL - $22,802.00.
ACTION: Approved plans and specifications and authorize advertising for bids for the
1998/99 City facility parking maintenance slurry seal of various areas.
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FEBRUARY 9,1999
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and
available in the following accounts:
Fund No. 220-5021-481105-4997
Fund No. 500-5021-481105-4997
Fund No. 271-5021-481105-4997
$28,375.95 (Municipal Parking Lots)
$61,497.97 (Capital Proj. Municipal Pkg. Lot)
$29,360.86 (Gas Tax-Municipal Pkg. Lots)
CLAIMS
3.8
CLAIMS FOR DAMAGES
(C3200.0)
a. Mercury Insurance
b. Amber Hassanan, a minor, through her Guardian ad Litem
c. Sami Zidan, Kaled Zidan, Hanan Zidan Hassanan &
Narimah Zidan Watters
d. Angie Cornelio
e. State Farm as subrogee of Michelle Simpson
f. John Roach
g. Richard Garcia
ACTION: Denied claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.9
Purchase of Seagrave Fire Pumpers on a sole source basis.
(C2500.H)
SUMMARY: This contract will authorize the purchase of two Seagrave Fire Pumpers on
a sole source basis in the amount of$711,038.
ACTION: 1) Authorized the purchase of two Seagrave Fire Pumpers from the Seagrave
Fire Apparatus Company in the amount of $711,038. 2) Appropriated $355,519 to
Account #720-5023-472102, Vehicle Replacement Fund for the purchase of a fire
pumper for Station #8. 3) Authorized the Mayor and City Clerk to execute the contract
on behalf of the City. 4) Authorized the City Manager to surplus the replaced pumpers at
an auction.
FISCAL IMPACT: Sufficient funds will be available in Account No. 720-5023-472102
(Vehicle Replacement Fund) once the appropriation is made.
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FEBRUARY 9, 1999
3. CONSENT CALENDAR (Continued)
PUBLIC SAFETY
3.10 Assembly Bill (AB) 3229 Funding FY'98
(C2500.K)
SUMMARY: AB 3229 has made funds available under the FY 98 Citizen's Option for
Public Safety (COPS) Program in the Governor's budget. Under this program for FY 98,
the City of Orange was awarded $282,161, which is proposed to fund non-sworn police
support positions to enhance the Department's ability to get more sworn Police Officers
in the field.
ACTION: Approved the recommendation from the Police Chief to allocate this award to
fund 4 full-time and 2 part-time non-sworn positions through 6/30/00.
FISCAL IMPACT: The City of Orange was awarded $282,161 through the FY 98 COPS
grant program. These funds have been placed in a separate fund (354 - AB3229
Supplemental Law Enforcement Services) and may not be transferred to or intermingled
with funds in any other fund, except to facilitate appropriation and expenditures as
required by the statute. Interest earnings in this fund will also be allocated to payroll
expenditures. Presently, an adequate appropriation exists to support the recommended
allocation plan, and the approval does not require a budget adjustment.
RESOLUTIONS
3.11 RESOLUTION NO. 9071
(A2100.0 AGR-3061)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 978-43; Lloyd Engineering Corp.; E1
Modena and La Veta Parks Picnic Shelter Renovation.
ACTION: Approved.
3.12 RESOLUTION NO. 9074
(C2500.H)
A Resolution of the City Council of the City of Orange approving the hiring of displaced
civilian federal firefighters pursuant to Government Code Section 53270.
ACTION: Approved.
3.13 RESOLUTION NO. 9075
(p2500.0)
A Resolution of the City Council of the City of Orange authorizing regulations to
facilitate the administering of City agreements involving land use.
ACTION: Approved.
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FEBRUARY 9, 1999
3 CONSENT CALENDAR (Continued)
3.14 RESOLUTION NO. 9077
(S3500.A.I0)
A Resolution of the City Council of the City of Orange supporting the List of Candidate
Projects nominated by Caltrans District 12 for consideration for Interregional
Transportation Improvement Projects (ITIP).
ACTION: Approved.
TRACT MAP
3.15 Request to approve the recordation of Final Tract Map No. 15695. (T4000.0
TRT-15695)
SUMMARY: Sun Cal Companies is requesting City Council approval of the recordation
of Tract Map No. 15695. This project is the first phase of the Serrano Heights
Development approved by Council as Tentative Tract Map 14359. All plans have been
approved, fees paid and bonds posted to guarantee improvements.
ACTION: Approved.
FISCAL IMPACT: None.
MOTION - Murphy
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Item 3.6 was removed and heard separately; all other items on the Consent Calendar were
approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR COONTZ
4.1 Reappointment of citizens to the following City Committees, all terms to expire
January, 2001 (continued from 1/26/99).
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COMMITTEE
Victoria James, Harry St. George, Bea Vega, Richard Ledesma, Linda Zehner
EAST CHAPMAN IMPROVEMENT COMMITTEE
Jessie Ledesma, Nora Razo, James Whitaker, Sylvia Caigoy, Bob Torres
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4. REPORTS FROM MAYOR COONTZ (Continued)
MOTION-
SECOND-
AYES-
Mayor Coontz
Murphy
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Approved.
4.2 Report on City's Term Limit Ordinance No. 27-96 and review of the status of each
Councilmember's term. (C2500.D)
The City Attorney reported on the remaining terms available for the sitting Council. This
ordinance was adopted after change in state law and reflects terms after the November 1996
election. The following is a list of members of the City Council, the end of their current term
and the number of terms available for each person in each office:
End of Available Available
Name Current Term Mayor Terms Council Terms
Mike Alvarez 2000 3 1
Joanne Coontz 2000 1 2
Mark Murphy 2002 3 1
Dan Slater 2002 3 1
Mike Spurgeon 2000 3 1
Councilman Slater referred to the advisory term limit initiative adopted in Orange in November,
1992. Although the State said it could only be advisory, he wants to follow the will of the
people.
Carol Walters, address on file, commented it was thought Council would adhere to the people's
mandate at the time.
NON-AGENDA ITEM - Urban Light Rail
Mayor Coontz reported on the considerable discussion oflight rail in the press. It is important to
involve the major business owners and tenants located along the routes that Orange County
Transportation Authority (OCTA) is considering, i.e. City Drive (15,000 workers), La Veta/Main
(10,000 workers). This involvement will assist the City to promote local communities
preferences regarding this project. The City Manager was instructed to schedule a meeting this
week to address this issue with the Directors of Public Works and Community Development,
other involved department heads, and representatives from the business owners and tenants along
the routes, returning to Council with the information and further recommendations.
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5. REPORTS FROM COUNCIL MEMBERS
5.1 Councilman Alvarez - Consideration of the City Council to look at the business
license retroactive payments that are being asked of the Orange County Children's Care
Association (continued from 11/10/98, 1/12/99 and 1/26/99).
Councilman Alvarez reported on meetings with the Association and the City Attorney. The City
Attorney commented they requested a waiver of the fees, however, absent an ordinance
amendment the City could not do that. Other day care centers have been paying the tax. They
have agreed to pay the application fee and business license taxes going back for three years. A
memo was forwarded to the Association explaining the required one-time application fee and the
annual business license tax.
5.2 Councilman Murphy - Update on the Millennium Committee.
Councilman Murphy is ready to form this committee of volunteers. Goals for the committee are
twofold: prepare for a citywide celebration and prepare an Orange 2020 plan. The celebration
will be a once in a lifetime experience. The committee will serve as a communication vehicle for
all activities in the community centering around the millennium celebration.
The new 2020 plan will follow on the Orange 2000 plan, dealing with community issues and
growth. Advertising the formulation of the commission should go forward; suggestions and
input is solicited from all directions to create the vision of where the City is going in next 20
years.
Mayor Coontz emphasized the non-political nature of the Orange 2020 Commission and that it
would have a non-Council chair.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
6.1 Report from the Internal Audit Manager summarizing the January 7,1999 Internal
Audit Committee meeting. (ORI800.0.27.17)
The City Internal Auditor presented the report. Future activity of the committee includes
development of an internal audit plan.
MOTION-
SECOND-
AYES -
Mayor Coontz
Murphy
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ACTION:
Moved to receive and file.
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FEBRUARY 9, 1999
7. ADMINISTRATIVE REPORTS
7.1 Report from the Community Development Director requesting approval of special
events/pageants that will close the Plaza public streets during 1999. (S4000.S.4)
NOTE: Councilman Alvarez left the podium due to a conflict of interest - property ownership
at 129, 131 S. Glassell, property management at 60 Plaza Square, and 112 E. Chapman.
The Community Services Director presented the report. The policy adopted by Council in 1997
provides for a maximum of Plaza closures of 12 days per year. All property owners and affected
businesses have been notified. The merchants association has requested that there be a limit of
only one car event per year. The list of applications is essentially the same as last year; the Gogh
van Orange event will be held at a different location with the Watson's 100 Year Anniversary
replacing it on this list.
Frank Morales, 1781 N. Azure, president of the Orange County Mustang Club reported on the
success of last year's show. Photos appeared in national car magazines affording positive
publicity for the City. Over $3,000 was donated to local charities from the monies raised at the
event.
Mike Sweeney, 508 S. Swidler Place, representing the Orange Sunrise Rotary Club car show
spoke on how their event provided educational support for children in Orange. Many out of area
people will be coming in to show their cars. No vendors will be involved, as the organization
wants the merchants in area to benefit from the event. The potential of a PBS video being made
of the car show exists.
Chuck Burwell, 4249 E. Cornwall Ave, speaking for the Chamber of Commerce, stated they are
working on the Watson's 100 year celebration. This event will close the Plaza for one day as
opposed to an entire weekend.
Scott Parker, 158 Monterey Road, described the Watson's 100 year celebration. Assistance
League of Orange will be the benefit charity. Tom Grochow will chair the event committee with
Bob Martini from Bergen Brunswig as Honorary Chair.
Mayor Coontz announced all Councilmembers had received a letter from the downtown
merchants regarding this issue and indicated the people who have applied for these events are
trying to work with the merchants, getting them involved and appreciate the merchants problems.
RESOLUTION NO. 9060
A Resolution of the City Council of the City of Orange temporarily closing sections of Glassell
Street and Chapman Avenue immediately abutting the Plaza area of the downtown Business
District for special events in 1999.
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7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Mayor Coontz
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon
ABSENT - Alvarez
Adopted.
MOTION - Mayor coontz
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, spurgeon
ABSENT - Alvarez
Mayor Coontz directed the Director of Community Development to develop a better plan for this
annual event in order for groups to have the opportunity to advertise in advance.
7.2 Report from the City Attorney on the Memorandum of Understanding between City
and County of Orange to allow the Police Department to enforce County ordinances on
Flood Control District Property. (C2500.K)
The Assistant City Attorney presented the report.
MOTION - Spurgeon
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to receive and file.
7.3 Report by the Director of Public Works requesting waiver of competitive bidding
procedures for repair of Santiago Creek bed at Hart Park. (C2500.M.I7)
SUMMARY: Last years winter storms caused substantial erosion and damage in Santiago Creek
bed at Hart Park, which requires regrading to restore the bank and the flowline of the creek. This
operation must also take place in order to complete the work that is eligible for Federal
Emergency Management Agency (FEMA) reimbursement. This needs to be done on an
emergency basis because of the potential for further extensive damage.
The Director of Public Works presented the report.
Carol Walters, address on file, requested clarification on a perceived conflict in the dollar amount
requested, and also asked if this was the parking lot?
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FEBRUARY 9, 1999
7. ADMINISTRATIVE REPORTS (Continued)
The Director of Public Works explained the quotation for the work was $8,855, and the City is
requesting an additional 10% for contingencies in the event the scope of work is greater than
what they have proposed which will only be paid to them if they do the additional work. This is
part of the parking lot where the damage occurred.
MOTION-
SECOND -
AYES-
Slater
Murphy
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ACTION: 1) Authorized the waiver of the competitive bidding procedures due to the
emergency nature of this work. 2) Authorized a purchase order in the amount of $9,740.00 to R.
J. Noble Company for regrading work. 3) Transferred $9,740.00 from Account No. 500-5021-
481105-4997 (CIP Renovation-Municipal Parking Lot Maintenance) to Account No. 500-5021-
483300-0028 (Capital Improvement Program).
The City Attorney added the following resolution relating to this item:
RESOLUTION NO. 9078
A Resolution of the City Council of the City of Orange finding it necessary to do immediate
expenditure of public interest and necessity demand the immediate expenditure of public money
without formal competitive solicitation of bids and awarding a contract to R. J. Noble company
to regrade a portion of the Santiago Creek at Hart Park.
MOTION - Mayor Coontz
SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Adopted.
8. REPORTS FROM CITY MANAGER
8.1 Appropriation request of $35,000 from General Fund unappropriated reserves for
Yorba Park methane gas analysis. (C2500.M.4.1)
SUMMARY: The County of Orange Local Enforcement Agency has required the City of
Orange to develop and install a methane gas mitigation system to contain methane gas generated
from the closed Y orb a Landfill located at Yorba Park. Research is needed by a technical expert
to develop a plan and design an appropriate system. Costs to secure the park site and conduct
surface gas monitoring have also been identified and will need to be funded.
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8. REPORTS FROM CITY MANAGER (Continued)
FISCAL IMPACT: The project would require the appropriation of unappropriated General Fund
reserves in the amount of $35,000.
Councilman Murphy requested clarification on the property deed which, if property is not being
used as an active park site, would transfer ownership back to the County. In the report it
discussed additional money that might be spent later as a result of the analysis. Councilman
Murphy also asked where does the line of responsibility stop as long as the City is not using it as
a park.
The City Manager responded that the City has been identified by the local enforcement agency as
being the agency that must mitigate the issue. There is ongoing discussion with the County
concerning sharing of costs and/or assignment of responsibility. A meeting with the County is
scheduled for tomorrow. The City's concern has been to protect the health and safety of citizens.
The City Attorney reported that the property does not automatically revert to the County if the
City ceases to use it as a park. The County has the option of taking the property back, which is
one ofthe issues to be discussed.
MOTION - Spurgeon
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ACTION: Approved an appropriation of $35,000 from General Fund unappropriated reserves to
Account 500-5011-426700-3051-01240 (Capital Projects) for testing, consultant costs, and
temporary measures to secure the park while testing is conducted.
NOTE: Councilman Murphy encouraged the City to continue to actively pursue additional
partnerships in the mitigation process.
9. LEGAL AFFAIRS
9.1
ORDINANCE NO. 6-99
(A2500.0 Street Dedications)
An Ordinance of the City Council of the City of Orange amending Section 12.52.022 of the
Municipal Code of the City of Orange relating to street dedication on La Veta Avenue.
NOTE: Councilman Slater abstained on this issue due to a property interest at 222 E. La Veta.
MOTION - Spurgeon
SECOND - Alvarez
AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez
ABSTAINED - Slater
Moved that Ordinance No. 6-99 be read by title only and same was passed and adopted by the
preceding vote.
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9. LEGAL AFFAIRS (Continued)
9.2
ORDINANCE NO. 7-99
(A2500.0 City Manager)
An Ordinance of the City Council of the City of Orange amending Section 2.16.060 of the
Orange Municipal Code deleting the residency requirements for the City Manager.
Carol Walters, address on file, commented on availability of City Manager In case of
emergencIes.
MOTION - Spurgeon
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 7-99 be read by title only and same was set for second reading by the
preceding vote.
9.3
ORDINANCE NO. 8-99
(A2500.0 Flood Plain)
An Ordinance of the City Council of the City of Orange amending Chapter 15.60 of the
Municipal Code of the City of Orange relating to flood damage prevention.
MOTION - Murphy
SECOND - Alvarez
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 8-99 be read by title only and same was set for second reading by the
preceding vote.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Council recessed at 6:05 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel - anticipated litigation.
Significant exposure to litigation pursuant to Government Code Section
54956.9(b) (two potential cases). Contract with ORRS.
Conference with legal counsel - existing litigation
Vista Royale HOA v. City of Orange, et aI., Orange County Superior Court Case No. 780284.
City of Orange v. Hartford, Los Angeles Superior Court Case No. BC 191411
Two employee matters from last meeting.
b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiator: Personnel Director Steven Pham
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FEBRUARY 9, 1999
11. RECESS (Continued)
Employee Organizations: Maintenance & Operations, Orange Management Association, Orange
Municipal Employees' Association and Water Department Employees' Association
c. Public Employee Appointment pursuant to Government Code Section 54957. Title:
Police Chief - Recruitment Status
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 ofthe matters will not be considered in Closed Session.
7:00 P.M. SESSION
12. PUBLIC COMMENTS
Carol Walters, address on file, made the following comments: people should be allowed to
speak; TV will show what is happening; there are no checks and balances in place, and there is
too much money spent on consultants.
Michael Morcos, 2638 Vista Crest Road, addressed the life threatening problem at Vista Royale,
where the slope could develop into a full scale landslide within 3-6 months and could occur at
any moment. Approximately twenty homes on Vista Crest Road would be directly affected.
Many more homes in the development could be indirectly affected. More importantly is the risk
to human life and the displacement of families. He understands that the slope can be repaired
and requests the City do all in its power to avoid disaster. Specifically, 1) sharing with the
homeowners all geological data pertaining to the slope movement, 2) commencing emergency
repair immediately 3)..seeking emergency funding to repair the slope permanently. The Fire
department has taken steps on evacuation but it is better to prevent the disaster in the first place.
Assistant City Attorney reported that due to ongoing litigation, the City can not discuss this
issue. The City has been monitoring this since mid-1997. The City was the second party to have
geotechnical people out to examine and monitor the site. Evacuation plans are in place. The Fire
Department has met with residents. When word on evacuation is received, appropriate steps will
be taken. Citizens impacted should get information directly from their attorneys. The City is
aware of Anaheim's reservoir and have asked them to drain the reservoir from a public safety
issue. The court has ordered all information to be shared with all parties and it is being done.
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13. PUBLIC HEARINGS
13.1 APPEAL NO. 452, CONDITIONAL USE PERMIT 2263-98, DON MIGUEL
MARKET: (A4000.0 APP-452)
Time set for a public hearing to consider Appeal No. 452 by Councilman Slater concerning the
Planning Commission's approval of Conditional Use Permit 2263-98 to allow the off-sale of beer
and wine for an existing food market (Don Miguel Market) located at 1095 North Glassell Street
(northeast corner of Glassell Street and Quincy Avenue). NOTE: This project is categorically
exempt from the provisions of the California Environmental Quality Act, per State CEQA
Guidelines, Section 15301.
THE APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:
The site is located in police reporting district (65W) and has 329 recorded offenses when the
average for the City is 166 (per Brad Hauk at ABC). The ABC is critical of new licenses when
the crime rate is more than 20% above average. In this area, it is double.
There is already an over concentration of liquor licenses in this census tract. Four is the
maximum and there are five existing, not even considering this new application. There are
already at least four locations selling alcohol on Glassell Street between Collins and Katella.
This service is clearly already being provided to this immediate neighborhood. ABC has
received five written protests from neighbors living in close proximity.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
The Police Chief reported that there were no objections based on police problems in the area.
Vandalism when the site was vacant was very high. The applicant has two other markets
(Laguna Niguel and Huntington Beach) and has had no problems in those jurisdictions. There
exists an over concentration of liquor licenses in the area but comparing the statistics to other
areas in city uncovered no concern. This is not a liquor store but a good sized market; there are
no others in this area.
Mike Ali, 19505 Beach Crest Lane, Huntington Beach, applicant, described the business as a
food market with a Mexican style deli and Laundromat. He intends to spend money to improve
the building and the parking lot. He will still open the market even if he can not sell beer and
wine. He has been in his other sites, one since 1991, the other for twenty-five years. He speaks
four languages and will have a family member on the premises all the times.
Sergeant Jensen; previously of the Orange Police Department gang unit, reported on the present
status of the area. Over the last 5-7 years crime has come down. The parking permit program
and homeowners policing the area themselves has resulted in the neighborhood being cleaned up
dramatically.
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CITY COUNCIL MINUTES
FEBRUARY 9, 1999
13. PUBLIC HEARING (Continued)
John Hayes, 225 E. Quincy, spoke to the litter problem that existed with the previous tenant.
Things have been good since the previous market has closed down. He does not want his
children exposed to drinking, smoking, or urinating.
Councilman Slater, the appellant, stated he was impressed with new owner. However, he filed
the appeal due to the indisputable correlation between crime in neighborhoods and the number of
alcoholic beverage licenses. ABC has indicated there is an over concentration of liquor licenses
in this area. It is a poor location for a market in terms of the City's planning perspective. This is
also an opportunity to take away an alcoholic license from a neighborhood that the City
notoriously has had problems with. The alcoholic beverage license remains with the property,
and if the new owner sells the property, the City has no control over who takes over the license.
The market has been a blight for many years. Crime stats for this precinct area is double what it
is for the average area in the rest of the City. ABC indicates if crime is over 20%, a license
should not be issued. Also, verified with the ABC, is this precinct area where the crime stats are
taken from doesn't include the Hoover/Wilson Apartments, it is strictly the neighborhood east of
Glassell Street which is twice the City's average.
Councilman Murphy also expressed concern over the correlation of alcoholic beverage licenses
and crime statistics. He is comfortable, however, relying on professionals to do the assessment.
The hours of operation are clearly those of a market operation. Property owners that invest in
their business make better neighbors than empty buildings. He upholds the Planning Commision
approval but recommends a review in one year.
Mayor Coontz commented the property owner is making a positive contribution to the
community in upgrading this property. We should be appreciative that the applicant has goals
and experience in this business.
Councilman Alvarez also expressed pleasure that the property would have a good owner.
However, considering the history of the neighborhood and of the crime across the street, he
would like to see the market go in without liquor. A neighbor gave him a list of graffiti within
the neighborhood.
Mayor Coontz indicated the City has an excellent graffiti removal program. The success of the
graffiti program is partly dependent upon the immediate calls from the community to the Hot
Line.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
MOTION - Murphy
SECOND - Mayor Coontz
AYES - Murphy, Mayor Coontz, Spurgeon
NOES Slater, Alvarez
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CITY COUNCIL MINUTES
FEBRUARY 9, 1999
13. PUBLIC HEARINGS (Continued)
This project is categorically exempt from the provisions of the California Environmental Quality
Act, Per State CEQA Guidelines, Section 15301.
MOTION -
SECOND-
AYES-
NOES
Murphy
Mayor Coontz
Murphy, Mayor Coontz, Spurgeon
Slater, Alvarez
Moved to deny Appeal No. 452 and uphold Conditional Use Permit No. 2263-98 as noted with
subject conditions, with one change to Condition No.4 - Hours of Operation shall be limited
from 8:00 a.m. to 11 :00 p.m. seven days a week. The applicant concurred. The CUP be brought
back within 12 months of the beginning of operation for a report in terms of an update of the
area.
13.2 ORDINANCE AMENDMENT 4-98, CITY OF ORANGE:
(A2500.0 AMD-4-98)
NOTE: Councilman Slater announced a conflict of interest due to property interest at 274 N.
Glassell. and left the dais.
Time set for a public hearing to amend the City's Zoning Ordinance by allowing the conversion
of historic buildings to bed and breakfast inns as a permitted and/or accessory use within the
Limited Business and General Business Districts (C-I and C-2 Zones) by Conditional Use
Permit.
NOTE: Negative Declaration 1583-98 was prepared to evaluate the environmental impacts of
this project.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
The Community Services Director gave the report.
Councilman Alvarez questioned the number of potential sites affected.
Gary Meserve, address withheld, asked who was the individual applicant? The Director of
Community Development indicated the staff report contained the individuals names but noted
this hearing was on the ordinance amendment and not on any individual application.
Carol Walters, address on file, questioned the approval process.
Councilman Alvarez emphasized the importance of the development of this block on North
Glassell. He would prefer to see more office use in this area.
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CITY COUNCIL MINUTES
FEBRUARY 9,1999
13. PUBLIC HEARINGS (Continued)
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
MOTION - Murphy
SECOND - Mayor Coontz
AYES - Murphy, Mayor Coontz, Spurgeon
NOES - Alvarez
ABSENT - Slater
Approved Negative Declaration 1583-98 in that the proposed project will not have a significant
adverse impact on the environment or wildlife resources.
MOTION - Murphy
SECOND - Mayor Coontz
AYES - Murphy, Mayor Coontz, Spurgeon
NOES - Alvarez
ABSENT - Slater
Approved Ordinance Amendment 4-98 as outlined in Planning Commission Resolution No. PC-
89-98.
14. PLANNING AND ENVIRONMENT - None.
RECESS - The City Council recessed at 9:00 p.m. to Closed Session to discuss the following
remaining items on Closed Session: Significant Exposure to litigation pursuant to Government
Code 54956.9 - two potential cases, contract with ORRS is one of them; Conference with Legal
Counsel existing litigation, Vista Royale vs City of Orange, Orange County Superior Court Case
No. 780284 and Conference with Labor Negotiator pursuant to Government Code Section
54957.6, City's Negotiator is Personnel Director Steven Pham, Employee Organizations:
Maintenance and Operations, Orange Management Association, Orange Municipal Employees
Association and Water Department Employees Association.
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CITY COUNCIL MINUTES
15. ADJOURNMENT
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
The City Council adjourned at 10:50 p.m.
FEBRUARY 9, 1999
~~~~
CASSANDRA 1. C THCART, CMC
CITY CLERK
JOANNE COONTZ
MAYOR
./
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