02-24-1998 Council MinutesAPPROVED BY THE CITY COUNCIL ON MARCH 10, 1998
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
February 24, 1998
The City Council ofthe City of Orange, California convened on February 24, 1998 at 4:30 P.M.
in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Coontz
1.2 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.3
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS The City
Manager presented Employee Recognition Service Awards to Doug Mochizuki,Liz Demara,
John Karell, Pat Myers, and Mark Ouellette. Frank Gonzalez, Don Huddleston, Bob
Taylor and Ronnie Sanchez were unavailable to accept their service awards. (C2500.
J.4.18)The Fire
Chief presented an update on the El Nino storms, indicating the City fared well.The Director
of Public Works added the new storm drains in the City assisted with street flooding problems.
1.4
PROCLAMATIONS - None 2.CONSENT CALENDAR
Tape 258 2.1 Declaration
of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a
regular meeting of February 24, 1998 at Orange Civic Center, Taft Branch Library at 740
E. Taft Avenue, 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.2.2 Request
Council confirmation of warrant registers dated February 5 and 12, 1998.ACTION: Approved.T
CITY COUNCIL MINUTES February 24, 1998
2. CONSENT CALENDAR (Continued)
2.3 Request approval of City Council Minutes, Regular Meeting, February 10, 1998.
ACTION: Approved.
2.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.
AGREEMENTS
2.5 Request Council approve Third Amendment to consultant agreement with Jeff Franzen,
CPA, concerning Orange Recycling Recovery System investigation. (A2100.0 AGR-
2854.3)
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.
Discussion: Barbara DeNiro, address on file, asked how much money has been spent on
the consultant? The City Attorney responded approximately $70,000 has been expended.
ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.
2.6 Request Council approve Second Amendment to consultant agreement with Scott, Reilly
Whitehead conducting personnel investigation. (A2100.0 AGR-2926.
2)FISCAL IMPACT: Sufficient funds are budgeted in the Legal Services - Personnel
Account #100-
0301-426100-9865.Discussion: Barbara DeNiro, address on file, asked how much money has
been spent on the consultant? The City Attorney responded approximately $45,000
has been expended.ACTION: Authorized Mayor and City Clerk to execute on
behalf ofthe City.2.7 Request Council approve First Amendment consultant agreement
with Earth Mechanics,Inc. extending the term for two years in an amount not to exceed $70,
000 per year.A2100.
0 AGR-2688.1)FISCAL IMP ACT: Actual cost of this contract up to $70,000 per
year is reimbursable by private developers using Account No. 100-
5012-
426700. No
additional appropriation is requested.PAGE
CITY COUNCIL MINUTES February 24, 1998
2. CONSENT CALENDAR (Continued)
ACTION: Authorized Mayor and City Clerk to execute the First Amendment to the
Agreement with Earth Mechanics, Inc. on behalf ofthe City.
APPROPRIATIONS
2.8 Recommend Council appropriate $2,315 from Account No. 100-
2001-252100-9987,Rental Books Collection," to Rental Book Revenue
Account No. 100-2001-443101-9987, to purchase rental materials. Funds have been
collected in Revenue Account No.100-2011-
252100-9987 to cover this appropriation. (C2500.I)FISCAL IMP ACT: Since
the Council authorized the revenue generated from this account be used to sustain the library's collection, there
is
no fiscal
impact
to the City's budget.ACTION: Approved.BIDS 2.9 Request Council approve award of
Bid No. 978-18 to Vector Three Environmental Inc.for Underground FuelTank Replacement
and Disposal in
the amount of $164,440.00.A2100.0 AGR-2989)FISCAL IMP ACT:
Funds
are available in the Underground Storage Tank Account #720-5023-484400-9856.ACTION: Authorized
the Mayor and City Clerk to execute on behalf of the City.2.10
Request Council approve plans and specifications and authorize advertising for bids
for construction of Chapman Avenue and The City Drive Critical Intersection Project.Project limits
are Chapman Avenue - Manchester Avenue to The City Drive; The City Drive - Chapman
Avenue to Dawn Way; City Parkway North (Manchester Ave.) -
Chapman Avenue to City Blvd. West. (S4000.S.7)FISCAL IMPACT:
Funds are budgeted in the Capital Improvement Program and available in
the following accounts: 262-5011-483300-3235 $17,
127.00 (City Drive widening/Chapman), 284-5011-
483300-3235 $742,003.00 (City Drive widening/Chapman),
284-5011-
483399-3235 $146,315.00 (City Drive widening/Chapman), and 550-5011-483300-
3235 $469,478.00 (City Drive widening/Chapman)Funds have been obligated by the County of
Orange per the Theo-Lacy settlement agreement
in the
amount of $
3,
000,
CITY COUNCIL MINUTES February 24, 1998
2. CONSENT CALENDAR (Continued)
ACTION: Approved.
2.11 Request Council approve plans and specifications and authorize advertising for bids for
the widening of The City Drive from SR-22 Garden Grove Freeway to Dawn Way/
The City Way. (S4000.S.3.
7)FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program
and available in the following accounts: 262-5011-483300-3235 $17,
127.00 (City Drive widening/Chapman), 284-5011-
483300-3235 $742,003.00 (City Drive widening/
Chapman), 284-5011-483399-3235 $146,315.00 (City
Drive widening/
Chapman), and 550-5011-483300-3235 $469,478.00 (City Drive widening/Chapman).
Funds have been obligated by the County of Orange per the Theo-Lacy settlement agreement in
the amount of $3,000,000. These
funds will
be
deposited and available in account 550-5011-
483300-3235 prior
to award of
contract.ACTION: Approved.
CLAIMS 2.12
a. California Indemnity Insurance Company b. Bonnie Garratt c. Shiana Lovejoy d.
Deborah Royer
e.
Rob Warren ACTION: Denied claims for damages and referred to City Attorney and Adjuster.C3200.
0)DONATIONS 2.13 Request Council approve the donation of two surplus
fire engines, a 1975 Crown Firecoach and a 1976 Crown Firecoach, to
Rancho Santiago Community College District for the Santa Ana Fire Technology program's Fire
Academy. (P2500.0)FISCAL IMPACT: Surplus
equipment sold
for about $1,500 last year. The City would lose approximately $3,000 in revenue.
ACTION: Approved.2.14 Request Council approve the
acceptance of a Kodak
Digital Camera,
CITY COUNCIL MINUTES February 24, 1998
2. CONSENT CALENDAR (Continued)
ACTION: Approved.
RESOLUTIONS
2.15 RESOLUTION NO. 8885
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work improvement. (A2100.0 AGR-
2935)Bid No. 978-10 Senior Citizens Center Improvements. C. A.
Granger Construction
ACTION: Approved.2.16 RESOLUTION
NO. 8882 A Resolution of the City Council of the City of Orange, California, in
support of Southern California Regional Rail Authority funding requests to
the California Transportation Commission in 1998. (T2200.
0.8)FISCAL IMPACT: No fiscal impact to the City. SCRRA is requesting $49.
7 million from the State over a six
year period.
ACTION: Approved.2.17 RESOLUTION
NO. 8884 A Resolution of the City Council of the City of Orange establishing
Policy Guidelines regulating the use of public financing mechanisms to finance
public facilities.
C2500.M)
ACTION: Approved.2.18 RESOLUTION
NO. 8886 A Resolution of the City Council of the City of Orange temporarily closing
Palm Ave.between Glassell St. and Center St. for construction of a City storm drain. (S4000.
S.4)
ACTION: Approved.2.19 RESOLUTION
NO. 8887 A Resolution of the City Council of the City of Orange finally accepting
the completion of a certain public work and improvement; Bid No. 967-02, by C T & F,
Inc. of Bell Gardens, for traffic signal improvements and installations. (
A2100.0
CITY COUNCIL MINUTES February 24, 1998
2. CONSENT CALENDAR (Continued)
Chapman Ave. & Esplanade St.
Chapman Ave. & Rancho Santiago Blvd.
Glassell St. & Grove Ave.
Santiago Canyon Rd. Equestrian Crossing
Modification Modification
Installation Installation
ACTION: Approved.
2.20
RESOLUTION NO.
8888 A Resolution of the
City Council of the City of Orange requesting distribution of funds from the County of
Orange to the City of Orange for traffic improvements adjacent to The City Mills Shopping
Center. (S4000.S.3)ACTION: Approved.SPECIAL EVENTS
2.21
Request for
thetemporary suspension of permit parking restrictions within the two municipal parking lots on
N. Olive St. on Tuesday - March 10, 1998, for a special event at the Citrus City Grille,
located at 122 N. Glassell St. (S4000.S.3.1.2)NOTE: CouncilmanAlvarez abstained on
this item due to a property interest.Discussion: Carole Walters, 534 N.
Shaffer, asked if business owners in the area have the same right for a temporary
suspension of permit parking restrictions? The City Manager explained anyone can submit this
type of request for a special event. Each request is looked at on a case-
by-case basis.Barbara DeNiro, address
on file, asked what special event held at a business has received this type of
parking restriction suspension? Does the City have guidelines on these types of requests? Does
this event have any negative effect since it is a redevelopment funded project? Will the
parking lots be restricted to those attending? She commented the event could have been
held on a Sunday afternoon and permit parking restrictions should be lifted that day
in all municipal parking lots.Lisa Blanc, 368
S. Orange St., 122 N. Glassell, representing Citrus City Grille and a member of the
parking committee, explained it is appropriate to make this request to provide an area
for people to park who will be attending the community event and not impact the businesses.
ACTION: Approved.PAGE
6
CITY COUNCIL MINUTES February 24, 1998
2. CONSENT CALENDAR (Continued)
VEHICLE REQUEST
2.22 Request Council authorize the Police Department's use of the Police Department traffic
van for the Baker to Vegas relay race. (C2500.K)
FISCAL IMPACT: None.
ACTION: Approved.
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Councilman Alvarez abstained
on Item No. 2.21. The remainder of the Consent Calendar was approved as
recommended.END OF CONSENT
CALENDAR 3. REPORTS FROM
MAYOR COONTZ 3.1 Appointments
to the Ainsworth House Ad Hoc Committee.With Council's
concurrence, Mayor Coontz requested the item be continued to the March 10,1998 meeting.4.
REPORTS FROM
COUNCILMEMBERS Tape 1564 4.1 Mayor
pro tem Slater - Investigation of Police Chief John Robertson MA YOR PRO TEM
SLATER COMMENTED FOR THE RECORD:You know my dad
loved trains so I borrowed a couple of visual aids from him. Since what we really have here is
an investigation of John Robertson that is a railroad job, par excellence. I thought it would be
appropriate to dress the part and collected whistles. First, let's review who the players are here.
There are three employees who filed complaints. First, there was one hostile work environment claim
from a retired employee. That complaint was later found to be unsubstantiated. The other two
employees were encouraged to do so by City staff, the City Manager, and the Personnel
Director. I said it before and I'll say it again. I would never discourage an employee who
felt that they were wronged from filing a complaint and have it investigated in a fair
and unbiased process. This whole thing could have been handled in a professional and businesslike manner,
instead of as a political football. We are all sick and tired of it from Washington
to Orange.PAGE 7
CITY COUNCIL MINUTES February 24, 1998
4. REPORTS FROM COUNCILMEMBERS (Continued)
But what I have here is a clearly written memo from a member of the Personnel staff dated
October 10th. This memo records events and conversations which took place October 9th, one
week before the Chief was placed on administrative leave. It describes how the two hostile work
environment complaints were used in a carefully orchestrated manner to bury Orange Police
Chief John Robertson. For protection of the employees, I will not mention any names. But, I
want to read a couple of excerpts: The present employee, (and this is as described by a member
of Personnel) the present employee stated to me that the Chief has been getting away with this
type of inappropriate treatment towards the present employee for the past five years, and if it
weren't for the trash investigation, the City Hall staff would not be paying close attention to the
Chiefs inappropriate behavior. I (meaning the Personnel employee), suggested to this present
employee that he has the right to file a charge of harassment against the Police Chief if he, the
present employee, feels that he has been harassed or has been subject to working in a hostile
environment. I (the Personnel employee), stated that such a charge could be piggybacked on top
of the current harassment investigation against the Chief filed by a former police officer. The
investigator Personnel has retained for the former officer would be able to expand the scope of
her investigation should the present officer file a formal complaint. That same day at 5:00 p.m. a
meeting was held with the City Manager, City Attorney, Personnel Director, and the staff person.
At roughly 5:00 p.m. that afternoon, you (the Personnel Director), called me into a meeting
between you, David Rudat, David DeBerry and myself. You had asked me to summarize my
meeting between the present employee and the Chief which I did. You then discussed the
implications of this meeting, the fact that the present employee has the right to file a harassment
complaint, and that such a complaint would further solidify the City's impending action of
placing the Chief on administrative leave next week. During this meeting I was instructed to get
in touch with the present employee to inform that person to, among other things, consider filing a
harassment complaint against the Police Chief.
MA YOR COONTZ asked ifthese are excerpts? Mayor pro tern Slater replied yes. Mayor Coontz
asked ifthis was a personal memo to him? Mayor pro tem Slater replied it was to the Council.
Mayor pro tern Slater continued: The next three players, the next players are the two outside
investigators hired by the City to investigate the three complaints. One investigator, Brenda
Diedrichs, is hired to check into the two hostile work environment complaints, neither of which
are ultimately used by the City Manager in his fourteen point Letter oflntent to Terminate the
Chief. The other investigator, Craig Scott, the Mayor of Laguna Niguel, is hired to investigate
the complaint dealing with the Police Department's investigation into the leak of the affidavit.
As we now know, the DA's office recently issued letters strongly disagreeing with the findings
of the investigator. I might add that this investigator was unfamiliar with Police investigations
and admittedly knew nothing about criminal procedure. Further, the DA's office did not
determine at any time that the investigation into the leak of the affidavit should stop, nor did they
tell the Police Department or the Chief to stop the investigation. What they did say, and rightly
so, was that a police officer has the authority to investigate a set of facts ifhe believes that they
may lead to the discovery that a crime has been committed.
PAGE 8
CITY COUNCIL MINUTES February 24, 1998
4. REPORTS FROM COUNCILMEMBERS (Continued)
Finally, we have the independent hearing officer, Ed Kreins. This man was hired by our staff
and is a retired City Manager of Beverly Hills and a former Police Chief. Excuse me a second, I
need to change hats. In Mr. Kreins report, and I quote his report, investigators Brenda Diedrichs
and Craig Scott allowed a tremendous amount of hearsay evidence into the statements they took
and the conclusions they made. He continues, "it is my opinion that there was a considerable
amount of what I would regard as a fishing trip on the part of the investigators. There appears to
be either a great deal of speculation, leading questions, acceptance of he said, she said, or
statements which appear to be taken as fact without supporting documentation or evidence."
And I go back to the key words, fishing trip.
MAYOR COONTZ asked if these quotes are taken out of a confidential personnel document
received by all Councilmembers of the City of Orange? Mayor pro tern Slater replied yes.
Mayor Coontz asked ifthey are excerpts? Mayor pro tern Slater replied yes.
Mayor pro tern Slater continued: This hearing officer did not conclude that the Chief should be
terminated. Emphasize, did not. The only allegation this hearing officer sustained were those
where he agreed with the City Manager that the Chief used poor judgment when he had police
staff conduct the investigation into the leak, without informing the City Manager, his boss, or the
Council, and not turning this part ofthe investigation immediately over to the DA.
Now it is apparent that the City Manager and probably some of the Council feel they can't trust
the Chief because he oversaw the gathering of fingerprint data by his detectives, unbeknownst to
us. Fingerprint cards were ordered by his staff on three Councilmembers, and I was one of them.
But I am not the least bit offended. In fact, the Police Chief was doing his job, and that is the
reason we can all trust him. Normally, this could be considered poor judgement. But there were
large extenuating circumstances that only the Chief to this day is aware of. I believe that based
on the larger issue of the trash investigation, the Chief had good reasons for doing what he did.
What we are doing here is interfering with a legitimate police investigation. I pose this question.
Are we above the law? The only other allegations sustained was that the Police Chief violated
the City Manager's direct orders not to discuss the investigation with Councilmembers prior to
June 3rd. On the surface, this could again be considered improper. But here again, there were
large extenuating circumstances.
In April, the Chief briefed me one time in my office on the status of the trash investigation. He
did so for the following reasons which have never been said: 1) Was that he was warned early
on by the DA's office that in these kind of high profile investigations, City Hall will often target
the Police Chief or conduct an investigation to defray attention. At the time I laughed. This is
certainly been borne out. 2) The Chief warned me that this information must be kept in the
strictest confidence, which I have never betrayed. I was the first in the chain of command who
had absolutely no ties to the trash investigation, and he felt he could trust me. Most importantly,
he wanted someone to be involved from the beginning because he had concerns over his job
security and didn't know ifhe would still be around by the time the full Council was briefed. 3)
There are reasons and issues to this day which the Chief has kept private as to why he briefed me
PAGE 9
CITY COUNCIL MINUTES February 24, 1998
4. REPORTS FROM COUNCILMEMBERS (Continued)
and conducted the investigation into the leak ofthe affidavit. Those reasons could not, should
not, and were not shared with the investigators or the hearing officer because of the need to
protect the trash investigation. If they could be, I am confident the hearing officer would not
have said the Chief used poor judgment.
John Robertson recently told me he had wanted to resign last summer because he felt he was
between a rock and a hard spot. But the District Attorney, Mike Capizzi, talked him out of it.
We will all apparently never know some of the hows and whys because John hasn't been allowed
to appear in front of us to answer specific questions. In fact, the only five questions that were
asked by us of John in the hearing process we have still not been given the opportunity to see.
And, in all respects, I have been told that they are on a tape that is about four hours long. They
have not been transcribed.
Before I conclude, I want to apologize to the fine officers of the Orange Police Department. It is
the people who make up the department and they are for the most part talented, dedicated, and
productive employees protecting our City from crime. What they have been put through in this
tedious process has been confusing, embarrassing, and quite frankly, inexcusable. They didn't
deserve this.
My prediction and the reason I wanted to say this tonight, Mayor and Councilmembers, before
we go into Closed Session, is that if we fire John Robertson we will have not only spat on the
long list of accomplishments he has done for the City, but as the hearing officer stated, we will
have resolved none of the debate in the Police Department with regard to policing philosophy.
My own opinion is we will also be faced with a whopping wrongful termination lawsuit that the
taxpayers will wind up writing another big check for. I call on my fellow Councilmembers to
listen to what the taxpayers in the City of Orange are saying to us. And their cry is loud and
clear - stop the dirty politicking and reinstate John Robertson."THE
CITY ATTORNEY responded the comment that John Robertson has not been allowed to appear
before the Council is not correct. Mr. Robertson was given the opportunity, and his attorney
was notified that he had the right to have this matter heard in a public session. Mr.Robertson
declined. As far as the wrongful termination lawsuit, when people are laid off or fired that
sometimes is a happenstance that occurs, but the City has been successful in lawsuits that have
been filed against the City. In an opinion already issued by the City Attorney, on the basis of
the allegation that has been sustained, the City would prevail in any wrongful termination lawsuit.
THE
CITY MANAGER clarified that the coupling of the hostile work environment complaints was done
for expediency, as the first complaint was already being investigated. The Chief had been counseled
and directed to follow proper personnel practices in the past. The employee has the right
to file a complaint, and under the law, the City has a compulsion to investigate it. The PAGE
10
CITY COUNCIL MINUTES February 24, 1998
4. REPORTS FROM COUNCILMEMBERS (Continued)
actions against the Chief, in part for other special allegations, was taken for retaliatory conduct
after he had been admonished not to take such action.
MAYOR COONTZ commented this is the first time in the history of the City of Orange there has
been anyone reveal any "parts" of confidential personnel and legal documents to the public, after
the City Attorney has indicated that the information is confidential. Under the Sunshine Law,
personnel issues and legal actions and/or activities are to be conducted in Closed Session.
COUNCILMAN ALVAREZ COMMENTED FOR THE RECORD:
I wanted to take this opportunity to clarify the process I have engaged in over the last five
months that have lead me here today. For me the process started when City Manager Dave
Rudat informed me along with my colleagues that he was proposing to place the Police Chief on
Administrative Leave. Because we were expected to make the decision that night, I could not
support his recommendation based on the lack of any documentation or any formal list of
charges. It would take over two months before the Council would receive any thing of that
nature.
Having the advantage now oflooking back at this whole investigation, I can see now, that as
time went on it appeared to me that this whole investigation against Chief Robertson really
appeared to be an attempt to take the Chief out, who was responsible for the men and women
investigating the allegations that the City's trash and recycling companies may have stolen
millions of taxpayer dollars.
As a result of the City Manager's personal conflict, in my view, with Chief Robertson, we are
here tonight discussing the investigation of a leak to the press, rather than investigating who is
most responsible at City Hall for not detecting this fraud of the City's trash contractor. In my
view, that is the City Manager Dave Rudat. That is his job; to be detecting that.
The City Manager is himself under an investigation by the Orange County District Attorney's
office for alleged conflicts of interest. He understood these laws because he was a Fire Chief and
also under those laws. He understood those laws because he also served the City as a Fire
Marshall. So to be under those laws as a City Manager, he understood them very well.
As time passed, I have monitored how this investigation has proceeded to unfold, often
discussing with my Council colleagues up here my great concern over the influence that some
people here at City Hall had over that investigation. But through those investigations and the
latest Skelly hearing, I, along with my colleagues, stepped back. We let those investigations run
their course without any involvement from any of us up here.
I have read both reports and their supporting documents that were generated by the two
investigators. I have also read the report and the supporting documents generated by the Skelly
hearing officer, of which include letters from the Orange County District Attorney's office
PAGE 11
CITY COUNCIL MINUTES February 24, 1998
4. REPORTS FROM COUNCILMEMBERS (Continued)
challenging the accuracy of those first two reports. I have spent probably the last twelve hours
trying to cross-reference all three reports and be prepared to make a decision that I feel this
City deserves. I am ready to move forward on this decision and I can tell you that my point
of reference will be to make a decision what is best for this City, not best for me as a person or as
a
Councilman.Our City Attorney's comments as far as the lawsuit, I have to beg to differ with him. I
spent 2700 of my own money simply because I could not trust the recommendation of our
City Manager. I seeked out Allan Burns who has served as a 23 year City Attorney for the City
of Fountain Valley and also served as a temporary City Attorney for this City. He has told
me basically where we are at today is that this City Council has been backed into a corner, and
as Councilman Slater has mentioned, you are looking for a wrongful termination suit that is
not deserved by us as a City Councilor this
City."Point of Clarification: COUNCILMAN SPURGEON asked Councilman Alvarez ifMr. Burn'
s opinion was a legal opinion? Councilman Alvarez responded it was not a legal opinion,
rather his opinion as a professional City
Attorney.Mayor Coontz read into the record the names of individuals who have sent letters in support
of City Manager Dave Rudat in reference to Police Chief Robertson: (C2500.
K)Arthur & Susan Gordon, (no address
given)Kevie Reardon, 2180 N. Batavia
St.George & Kathy Reardon. 2180 N. Batavia
St.Jerry & Carmela Nickerson, 2294 "C" N. Batavia
St.Marie & Bob Trenschel, 7646 E. Briarcrest
Ln.Robert B. Adams, (no address
given)M. Jane Alcala, (no address
given)N. Mark & Kathy Wayland, 547
Clinton Eileen Nappi, 8418 E. Ironwood
Ave.Frank Frasz, 2406 Millbank
Dr.Marty LaRoche, (no address
given)Marty Reinfried, 342 Crawford Canyon
Rd.Sal & Maureen Manzella, (no address
given)Roger Hogan, 667 Claremont Center Dr.,
Claremont Larry N. Willis, 111 Fashion Lane,
Tustin R. Rand & Rosemary Sperry, (no address
given)Ron & Pricilla Walker, (no address
given)Lisa Greubel, (no address
given)Renee Cummings,
resident John & Marilyn Ryder, 8115 E. Bailey Way.
Anaheim Erin M. Ryder, 259 N.
Orange Johnie & Marlene Clouse, 546 Wildhorse
Circle PAGE
CITY COUNCIL MINUTES February 24, 1998
4. REPORTS FROM COUNCILMEMBERS (Continued)
Deborah Johnston, 5819 E. Muir
Merrill Duncan, 2544 W. Broken Hill Dr., Park City, Utah
City of Orange Police Association
City of Orange Police Management Association
In opposition:
Barbara DeNiro, address on file
Norm Phillips, 348 E. Redwood Ave.
Richard & Susan Guilford, 3046 Gainsborough Rd.
Patricia Gant (phone call)
SPEAKING IN SUPPORT OF CHIEF ROBERTSON:
Bill Feliciano, 2009 N. Shaffer Street
Norm Phillips, 348 Redwood
Lupe Hertado, 409 S. Hill Street
John Volkoff, 365 N. Cleveland
Leonard Yerkes, 714 E. Rainier Avenue
Barbara DeNiro, address on file
Carole Walters, 534 N. Shaffer
Mara Brandman, 7319 Equitation Way
Nick Lall, 6231 E. Mabury Avenue
Larry Powers, 3701 E. Chapman #10
Orlando Barela, 910 N. Hart
Adele Graves, address on file
Their concerns were expressed as follows:
Chief Robertson eliminated the Pearl Street gang; improved law enforcement, i.e. community oriented
policing, instigating the bicycle patrol; and reduced crime in the City;Mr.
Rudat has a potential conflict of interest - sale of Jeff Hambarian's home by Mrs. Rudat.Mr. Rudat's
motivation in pursuing the firing of Chief Robertson.The City cannot afford
another lawsuit.It was an unwise decision
by the City Manager not to go along with the independent report.This issue has caused division in
the City and a recall election is being pursued.Would like Police Officers in support of
Chief Robertson could talk.The District Attorney would never stop a Police
Chief from an investigation ifhe felt a crime was being investigated.A recall effort has begun.Adele
Graves addressed the
Mayor's State of the
City letter recently sent out in the mail indicating credit was not given to other Councilmembers and
staff that worked to establish new businesses in the City.PAGE 13
CITY COUNCIL MINUTES February 24, 1998
4. REPORTS FROM COUNCILMEMBERS (Continued)
Mayor Coontz responded the Mayor is requested by the Chamber of Commerce to give a State of
the City speech which covers all activities throughout the City. There is no credit implied or
taken for any individual, and if anyone wishes a copy, contact Mayor Coontz. Also, Mayor
Coontz personally paid for the printing of the letters that were mailed out.
SPEAKING IN SUPPORT OF CITY MANAGER RUDAT:
Larry Pore, President, City of Orange Police Management Association (Copy of letter on file in
the City Clerk's office)
Steve Booze, President of City of Orange Police Association (COPA)
Steve Sprenger, 25568 Aragon Way, Yorba Linda
Ed Cancilla, 2902 E. Stone Pine Road
Bob Bradley, 873 N. Highland
Ed Falkenstein, Middleton, Idaho
Carol Rudat
Their concerns were expressed as follows:
Larry Pore commented, according to a poll conducted of the managers of the Police Management
Association, 79% of the membership felt John Robertson would not be effective as a
leader and a manager ifhe was reinstated as Chief of Police. The morale of the Police Department
has improved dramatically, since John Robertson was placed on Administrative Leave;
promotions have been made within the department and many special assignment positions
have been appointed creating positive movement within the department.Investigation
was undermined - confidential personnel issues were made public - opinions formed and voiced to
the public.Mr. Cancella commented there
should be no rush to judgment until all facts are known especially in a personnel
matter. The Mayor and Councilmembers are counted on to make the proper decision.If someone
is being
recalled, it should be someone that constantly violates the law by speaking out before all investigations
are completed.Carol Rudat, addressed the
issue of the sale of Jeff Hambarian's home and requested the following be read into
the minutes:I was the third
listing agent of Jeff Hambarian's home. I was not the first. I was not the second.Leslie Geocobe of Seven
Gables and Hilary Thomas of Prudential California Realty, two very successful agents, had his
home listed for approximately three years prior to my listing. I was the third listing agent
coming from North Hills Realty. I had the listing approximately two years.We had two offers
during my listing time period. The second offer came approximately 10 days after my husband was
promoted to City Manager. When I took the listing, my husband was not even the Fire Chief
at the City of Orange. There was definitely no conflicts occurring. When I took the listing, all
I knew is that Jeff Hambarian was an owner. Later on, during the listing time period, I became aware
that Jeff Hambarian worked for his family who owned Orange Disposal.PAGE 14
CITY COUNCIL MINUTES February 24, 1998
4. REPORTS FROM COUNCILMEMBERS (Continued)
I do not know to this day if Jeff Hambarian even has any ownership rights to Orange Disposal, or
he is only merely an employee of Orange Disposal, as far as I know, as of this moment.
I have one ofthe most successful and busy real estate businesses in Orange County. I have
developed this business solely on my own since 1990 when I left being a Corporate Controller
for two large corporations in the County of Orange. In 1995 alone, I sold $20 million worth of
real estate in a very bad slump market. I not only cannot discuss who my clients are, their
financial positions, what benefits they have or are losing in the sale of their home. I have the
confidentiality statement as well. I barely had time to see my husband alone in 1995, and when
we did have time, we would only talk about our personal issues, possibly our children. We have
two children - one a sophomore at Servite High, one a senior at Canyon High who were elected class
presidents that year alone and they were class presidents from 1995 to 1996. We also had their
business issues to work with.During
any of my transactions, if I was to discuss anything, I would relate to something by the street
name and the street name only. And that was only just mainly to vent what problems I may
be having. When you are top producer in any field of business, there are always people willing
to take pot shots at you. There is always people willing to come after you and make accusations.
There is no way, with the turmoil going on in 1995, September of 1995, that I could communicate
with my husband as to whom I was representing, let alone that it could be Jeff Hambarian." * * * * * *
5.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. REPORTS
FROM CITY MANAGER - None 7.ADMINISTRATIVE REPORTS
Tape 494 7.1 An
agreement between the City of Orange and the Orange County Transportation Authority (OCTA) relating
to the issuance of taxicab company licenses, taxicab driver permits, and other
administrative functions. (A2100.0 AGR-2988)The Assistant
to the City Manager presented the report. The City Attorney explained an Ordinance will
be brought back for Council's consideration which specifically delineates taxis from regulations
in the Code.MOTION - Mayor
Coontz SECOND - Alvarez AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to: 1) approve the
Inter-agency agreement between the City of Orange and the Orange County Transportation Authority (OCTA)
relating to the Orange County Taxi Administration Program (OCTAP); 2) designate
the City's traffic engineer (or designee) as the City's appointee to the OCTAP Steering
Committee; and 3) designate the Police Chief (or designee) as the City's appointee to the OCT
AP Public Safety Committee.PAGE 15
CITY COUNCIL MINUTES February 24, 1998
7. ADMINISTRATIVE REPORTS (Continued)
7.2 Appeal by Gary Meserve of City Traffic Commission's decision denying the
implementation of a 'NEIGHBORHOOD PARKING PERMIT PROGRAM' on both sides of
Cambridge St. between Chapman Ave. and Almond Ave. (S4000.S.3.1.2)
NOTE: Mayor pro tern Slater abstained on this item.
Mayor Coontz noted a request was received from Mr. Meserve to continue this item.
MOTION - Murphy SECOND -
Mayor Coontz AYES - Murphy,
Mayor Coontz, Spurgeon, Alvarez ABST AIN- Slater
Moved to continue
to the March 10, 1998 meeting.7.3 Treasurer'
s Report for the period ending January 31,1998. (C2500.F)The Finance Director
presented the report.MOTION - Spurgeon SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez ACTION: Received and filed.7.4
Report from the Fire
Chief requesting Council approve a recommendation by the City Manager and the Fire Chief
that the Orange Fire Department make permanent Emergency Medical Transportation Program" as a
component of the Fire Department's Emergency Operations Division; and continue to
include emergency medical transportation as an additional benefit of
the Paramedic Subscription Program. (C2500.H)FISCAL IMPACT: None. Future General Fund
expenditures may be reduced to the extent future revenues are realized. Revenues exceeded
expenditures in April 1997 , which was 2 months earlier than projected. As of
December 1997, life to date revenues exceed life to date expenditures by $73,700.The Fire
Chief reported the program
has been an unqualified success. Statistics show that before the Transport Program, private ambulances arrived
on the scene in less than 6 minutes 11 % of the time. Since the Transport Program'
s inception, Orange Fire Department Rescues have arrived on scene within 6 minutes
83% of the time. The resources and revenues from the Program offset the costs of several
positions in the Fire Department.PAGE 16
CITY COUNCIL MINUTES February 24, 1998
7. ADMINISTRATIVE REPORTS (Continued)
Carole Walters, 534 N. Shaffer, spoke in support of the Orange Fire Department. Is there a more
efficient way to eliminate so many write-offs? Are there any more outstanding lawsuits?
If ambulance service is not used, why is the insurance card needed, and explain the $36
fee?The Fire Chief explained it is standard within the industry to treat and transport
individuals regardless of their ability to pay. The City has achieved an approximate 65-70%
collection rate.The $36 annual paramedic fee provides treatment and transportation to the hospital. A
bill would not be received if treatment is provided and the individual is not transported. The
City Attorney responded Medix has appealed the courts decision in the lawsuit. The City is also
appealing the award of$
160,000.Mayor pro tern Slater congratulated the Fire Department on how well the program
has been implemented. However, he would not be supporting the program at this time, since he feels
it is wrong for a City entity to take over a
private business.Mayor Coontz commented one reason she strongly supports the program was the
time efficiency of the program and its importance when providing medical aid to the citizens
of Orange.Councilman Spurgeon said he supports the program as he sees it is an important
public safety decision to protect
the
citizens.
MOTION
SECOND
AYES NOES
Spurgeon Alvarez
Murphy, Mayor Coontz, Spurgeon, Alvarez Slater
Moved to
approve the recommendation by the City Manager and the Fire Chief that the Orange Fire Department:
a) end the two-year pilot program to provide Emergency Medical Transportation;
b) provide an "Emergency Medical Transportation Program" as a component of the
Orange Fire Department's Emergency Operations Division; and c) continue to include Emergency
Medical Transportation as an additional benefit ofthe Paramedic Subscription Program.
8.
LEGAL AFFAIRS Tape 1094 8.
1 ORDINANCE NO. 1-98
An Ordinance of the City Council of the City of Orange repealing Chapter 5.56 of the Orange
Municipal Code and adding a new Chapter 5.56 to the Orange Municipal Code pertaining to
massage establishments. (A2500.0)
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, asked how the Ordinance will apply
to massage parlors that are in business now and have not yet obtained a license? The City
PAGE 17
CITY COUNCIL MINUTES February 24, 1998
8. LEGAL AFFAIRS (Continued)
Attorney responded existing massage establishments will be required to meet the educational
requirements established in the Code after a one year period.
Paula Schlue, 9047 Grand Circle, Cypress, expressed support of the proposed Ordinance. Is
there a grace period for therapists who have completed their 500 hours from a State approved
school but have not yet taken the national exam?
Ole Klendshoj, 240 E. Riverdale, Director of the Lincoln Institute, 202 W. Lincoln, Suite C,
expressed concern with the Police Department, rather than the Health Department, regulating the
establishments; massage therapists being classified in the field of prostitution; and the need for
an internship program for the therapists.
Chris Voltarel, American Massage Therapy Association, 7291 E. Drake Drive, Anaheim Hills,
noted the Ordinance includes provisions for therapists that have 250 hours to do their practical
hours and still be able to get their license.
The City Attorney responded the Police Department regulates the establishments as the City does
not have a Health Department. The intent of the Ordinance was to classify massage therapy as a
professional category as opposed to an adult business. The City Attorney will meet with the
individuals listed above to further look at their issues of concern.
MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to continue
to the March 10, 1998 meeting.9. RECESS TO
THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS -
None The City Council recessed
at 6:50 p.m. and reconvened at 7:00 p.m.11. RECESS The City
Council recessed
at 8:20 p.m. after the conclusion of the 7:00 p.m. Session 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) (one potential case). Contracts with ODS/
ORRS b. Conference with Legal Counsel
pursuant to Government Code Section 54956.9 - existing litigation. City of Orange vs. KPMG
Peat Marwick, Orange County Superior Case No. 772237.PAGE 18
CITY COUNCIL MINUTES February 24, 1998
11. RECESS (Continued)
NOTE: The City Attorney announced this item would not be discussed in Closed Session - City of
Orange v. George S. Walker, et aI., Orange County Superior Court Case No. 78 33 77.c.
Conference with Labor Negotiator pursuant to Government Code Section 54957.6:City
Negotiator: Personnel Director Steven Pham Employee Organization: Police Association,
Top Management Unit, Orange City Firefighters, Fire Management d.
Public employee discipline, release and dismissal pursuant to Government Code Section 54957.
e.
To consider and take possible action upon such other matters as are orally announced by the City
Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates
any of the matters will not be considered in Closed Session.7:
00 P.M. SESSION 12.
1 INVOCATION Pastor
Peter Muschinske, Christ Lutheran Church 12.
2 PLEDGE OF ALLEGIANCE TO THE FLAG Led
by Mayor Coontz 12.
3 ANNOUNCEMENTS - None 12.4
INTRODUCTIONS - None 12.5 PROCLAMATIONS -
None 12.6 PRESENTATIONS - None
13. PUBLIC HEARINGS 13.1
APPEAL NO. 441,
CONDITIONAL USE PERMIT NO. 2194-97, MR. K's, INC.:Tape 4751 Time set
for a
public hearing on petition by Sami Odeh on behalf of Khalil Mezied of Mr. K's Inc., to appeal the
decision of the Planning Commission on December 12, 1997 to deny Conditional Use Permit No.
2194-97 requesting the off sale of beer and wine at a specialty super market upon property
located at 1100 West Chapman Avenue. (A4000.0 APP-441)NOTE: This
project is categorically exempt from the provisions of the California Environmental Quality Act (
CEQA) per State CEQA Guidelines Section 15303.THE APPELLANT
STATES THE FOLLOWING REASONS FOR THE APPEAL:Mr. K'
s evolved into a specialty market catering to a largely Hispanic clients who come from residential neighborhood
south of Chapman Ave. Subsection F ofOMC 17.10.030 states that a CUP should
be granted if it is determined that such permit serves public convenience and PAGE 19
CITY COUNCIL MINUTES February 24, 1998
13. PUBLIC HEARINGS (Continued)
necessity. There was no objection from anyone at the hearing. One gentleman spoke in favor of
a CUP. We submitted a petition in favor signed by over 230 of our clients. Currently, our
clients many of whom do not own private cars buy all their groceries from Mr. K's then have to
cross Chapman on foot to buy their beer from 7-11 or Ralph's on the north side of
Chapman exposing themselves and their children to the danger of oncoming traffic. As to safety and
crime issues raised by the OPD, we believe that the SRC in its October meeting came up with 14
tough but very sensible recommendations and conditions that will safeguard against these
concerns including 1 yr.
Probation."The Community Development Services Manager presented the
report.Sami Odeh, representing the applicant, commented that based on the signatures obtained on
a petition circulated which supports granting an ABC license to Mr. K's, that beer and wine
sales would serve the public convenience or necessity. It would also eliminate individuals
from having to cross Chapman to make their purchase at another
location.Sergeant Barry Weinstein commented that there are seven off-sale licenses in the census
tract of Mr. K's Market. Alcoholic Beverage Control (ABC) has determined that only five
should be allowed. The Police Department believes the area is over concentrated and
public convenience or necessity would not be served by allowing alcohol sales at
the location.MAYOR COONTZ OPENED THE
PUBLIC HEARING.Speaking
in opposition:Pam Petersen, 172 So.
Lime Street Denise Oden, 173 S.
Lime Street Ronald Petersen, 172 S.
Lime Street Debbie Kent, 1111
W. Almond Concerns expressed were traffic, public safety issues, and the lack of need for liquor sales
at
the location.MAYOR COONTZ CLOSED THE
PUBLIC
HEARING.REBUTTAL Sami Odeh responded they want to be good neighbors and business people. They are
willing to abide by the fourteen conditions and insure that the market will not contribute to
any further problems in
the City.
CITY COUNCIL MINUTES February 24, 1998
13. PUBLIC HEARINGS (Continued)
Councilman Spurgeon commented he is pro-business. However, he could not support the
appeal as there already is a proliferation of stores with liquor sales in the area which tend to be
magnets for police service
calls.Councilman Murphy added he also could not support the appeal as another liquor license in
the area could have negative affects on the neighborhood and the West Orange
area.Mayor Coontz expressed her long-time concern for the West Chapman area. The City
is very seriously looking at what can be done to upgrade the community and at the same
time help businesses. However, the focus on West Orange needs to be done in a different way.
She could not support the addition of another opportunity to
buy liquor.Mayor pro tern Slater and Councilman
Alvarez concurred.MOTION -
Spurgeon SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
that this project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) per State CEQA Guidelines Section 15303.MOTION -
Spurgeon SECOND - Murphy
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to deny the
appeal.13.2 ZONE CHANGE
1193-97, TENTATIVE PARCEL MAP 97-185, CONDITIONAL USE PERMIT
NO. 2197-97, MINOR SITE PLAN REVIEW 46-97, CHATHAM
HEALTH, LLC: Tape 5847
Time set for a public hearing on petition by Chatham Health LLC to consider Zone Change
1193-97 to allow the reclassification of property from R-3 District to the C-
l District; Tentative Parcel Map No. 97-185 to subdivide 4.6 acres into 3 parcels; Conditional
Use Permit No. 2197-97 to allow the construction and operation of an acute care hospital (
Acute Rehab Hospital) and to allow shared use of parking; and Minor Site Plan Review 46-97 to
allow creation of a lot without direct access to a public street upon property located on the
east side of Tustin Street,400 ft. south of Palmyra Avenue (395 South Tustin
Street). (ZI500.0 ZCG-1193.97)NOTE: Negative Declaration 1543-97 has
been prepared to
evaluate the
CITY COUNCIL MINUTES February 24, 1998
13. PUBLIC HEARINGS (Continued)
The Community Development Services Manager presented the report. The acute care facility
would have rooms for 24 patients and is approximately 17,000 sq. feet. The applicant would
make the following site improvements: 1) demolish two smaller buildings to the south and
easterly portion ofthe property; 2) reconstruct a new entry drive approximately 10 feet north of
where it currently exists off of Tustin Avenue; and 3) pave a new 51 space parking lot and a
separate 31 space parking lot for the acute care facility. It was noted that the Conditional Use
Permit also provides for shared parking use on the parcels.
Geoffrey Farnsworth, 28331 Lakewood Drive, Laguna Niguel, architect for the project,
explained the hospital is primarily designed for the long term rehabilitation and care of spinal
cord injury patients. In response to Mayor pro tern Slater, he indicated the owner ofthe Chatham
Health project is buying land from the church. It is in the process of being renovated and will be
before Council for review subsequently.
MAYOR COONTZ OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS,
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
Negative Declaration 1543-97 with the finding that the project will not have a significant adverse
impact on the environment.MOTION - Murphy
SECOND - Slater AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to approve Zone Change
1193-97 as outlined in Planning Commission Resolution No.PC-57-97.MOTION -
Murphy
SECOND - Slater AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to approve Tentative Parcel
Map No. 97-185 as outlined in Planning Commission Resolution No. PC-58-
97.MOTION - Murphy
SECOND - Slater AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to approve Conditional Use
Permit No. 2197-97 as outlined in Planning Commission Resolution No. PC-59-
97.PAGE 22
CITY COUNCIL MINUTES February 24, 1998
13. PUBLIC HEARINGS (Continued)
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
Minor Site Plan Review No. 46-97 as outlined in Planning Commission Resolution No.
PC-60-97.
13.3 CONDITIONAL USE PERMIT NO. 2203-97, EDWARD HOWARD: Tape
6230 Time set for a public hearing on petition by Edward Howard to consider Conditional Use
Permit No. 2203-97, a proposal for an accessory second housing unit on property zoned
RI-IO, located at 2459 N. Santiago Boulevard. (
C3300.0 CUP-2203-97)NOTE: This project is categorically exempt from the
provisions of the California Environmental Quality Act per
State CEQA Guidelines Section 15303.The Community Development Services Manager reported
the proposal includes constructing a second unit in the rear portion of the property and a new driveway
along the north property line to provide access to the accessory second unit. The principal
structure and the proposed second unit are modular structures. State law allows accessory second units
in any single family zone and that the principal structure or the accessory second unit be
occupied by the property owner.Mayor pro tem Slater requested clarification on the
requested entrance door. The Community Development Services Manager explained the sliding glass door is to
be replaced with a multi-panel French style or wood-sliding door. The applicant'
s have agreed with the
Planning Commission's condition of approval.Edward Howard, 2459 N. Santiago Boulevard, commented
they will meet all the conditions established by the Planning Commission. His mother
will occupy the second housing unit.
MAYOR COONTZ OPENED THE PUBLIC HEARING.Grace Howard, 2459 N. Santiago Boulevard, mother of the
applicant, indicated she is
planning to live in this unit.Peggy Whittinton, New Trend Homes, Corona, was
present to address any concerns
regarding the proposed manufactured second unit.
MAYOR COONTZ CLOSED
THE PUBLIC HEARING.
MOTION - Alvarez SECOND - Spurgeon AYES - Murphy, Slater, Mayor
Coontz, Spurgeon,
CITY COUNCIL MINUTES February 24, 1998
13. PUBLIC HEARINGS (Continued)
Moved that this project is categorically exempt from the provisions of the California
Environmental Quality Act per State CEQA Guidelines Section 15303.
MOTION - Alvarez SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
Conditional Use Permit No. 2203-97 as outlined in Planning Commission Resolution No.
PC-5-98.
14. PLANNING AND ENVIRONMENT
14.1 Appeal of City's ordinance requirements for recycling drop off box/bin permits.
C2500.M.1.1) Tape 6922
The Director of Public Works reported the City's Ordinance requires that drop offbox/bins used
for the deposit of waste materials or materials for recycling have a permit. There is a $50 permit
fee for a six-month period which offsets the administrative and inspection costs of the
program.The Ordinance was adopted to insure compliance with the City's exclusive trash
hauling Ordinance to make sure the bins were not used for improper disposal of waste materials.
The permit requires that the tonnage that is disposed of in the bins be reported. The applicant'
s primary objection is to the reporting of the tonnage. It is felt that the reporting is
proprietary information putting him in an adverse position while competing with similar providers for
this type of
service.There are currently 102 locations that have permits. There are 41 companies involved in
this kind of activity; 28 companies do report tonnage and 13 do not. Of the 28 that do report, 18
are scrap metal recycling companies; 10 are other commodity collectors. Of the 13 that do
not report, 10 are scrap metal companies and 3 are commodity
collectors.The City needs to have the assurance that dropoffboxes/bins are not being used improperly
in violation of the City's exclusive trash and garbage contract. Also, the City must have as
much knowledge of the waste stream as possible so it can drive as much assistance from these types
of activities to meet the AB939 requirements, either by diversion from the landfills
or demonstration of good faith efforts. Staffs recommendation is that the appeal be denied;
the Ordinance be retained in its present form as it is felt to be essential for the proper management
of the City's waste
activities.Joseph Massey, Executive Director, California Chapters, Institute of Scrap Recycling
Industries ISRI), commented that scrap metal and processed scrap metal are not solid waste under
the Federal Resource Conservation and Recovery Act (RCRA). It is their contention that since
they do not handle solid waste, they should not come under Orange Municipal Code Section 8.28
and 8.29. It was requested that the Ordinance be changed to eliminate the term "to be recycled"
or that scrap metal be exempted from the enforcement of the existing
Ordinances.PAGE
CITY COUNCIL MINUTES February 24, 1998
14. PLANNING AND ENVIRONMENT (Continued)
Richard Tuch, 18700 S. Broadway, President ofIdeal Metal and Salvage Company, asked if a
person doing business in the City that hauls their own material has to report it?
Luis Ornelas, 325 E. Fourth Avenue, La Habra, owner of a scrap metal yard, expressed his
opposition, stating he pays for the scrap metal that is picked up in his bins.
MOTION - Mayor Coontz SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to direct
staff to consider this issue as an addition to the Hilton Farnkopf & Hobson contract.15. ORAL
PRESENTATIONS
Carole Walters, 534
N. Shaffer, said it was wrong for Mayor pro tern Slater to be personally attacked during the
4:30 p.m. Oral Presentations. Will minutes would be taken in Closed Session when Chief Robertson
is discussed? Can we wait for the answer?Barbara DeNiro, address
on file, asked that the sliding doors to the Council Chambers and the microphone system be
fixed. When will the 14 or 15 Walmart storage bins be removed?Concern was expressed
for Citrus trees in the City. A letter of apology was requested from an individual who spoke
under Oral Presentations for a comment that was made to her.The Director of
Community Development Services responded he will follow up on the storage bin issue.Mayor
Coontz directed
staff to address the tree issue at the March 10, 1998 Council meeting.RECESS The City
Council
recessed to Closed Session at 8:20 p.m. and reconvened at 11 :55 p.m..City Attorney announced
the decision made by the City Council in Closed Session was to terminate Police Chief
John Robertson's employment with the City. The vote count was as follows:AYES: Murphy,
Spurgeon,
Mayor Coontz NOES: Alvarez, Slater
PAGE 25
CITY COUNCIL MINUTES February 24, 1998
16. ADJOURNMENT
MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez The City Council
adjourned at 12:00 p.m.G.,(4-~~~'fJfi1f:
U:/:CASSANDRA J ATHCART,
CMC CITY CLERK J __
L/. .,.....'I
i:/--'^--"
e., ---~? 74-
JOANNE COONTZ /1 MAYOR //PAGE 26