07-14-1998 Council MinutesApPROVED BY THE CITY COUNCIL ON JULY 28, 1998
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING July 14, 1998
The City Council of the City of Orange, California convened on July 14, 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 INVOCATION
Pastor Bubba Lipscomb, First Southern Baptist Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Alvarez
1.3 ROLL CALL
PRESENT -ABSENT -
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez None 1.
4
PRESENTATIONS/ ANNOUNCEMENTS/ PROCLAMATIONS Mayor Coontz
made the following announcements:The July
1st Grand Opening of the Highland Street Learning Center located at the 256 Courtyard apartment
complex. Their purpose is to provide after school homework assistance and
computer learning to the children in the complex. The City financially assisted this
apartment complex through Redevelopment HOME and set-aside funds.A
meeting with the Board of Directors of the EI Modena Center will be held on Wednesday,
July 15th at 7 p.m. Mayor Coontz and Acting Police Chief Richards have been
asked to attend. The present crime prevention activities and future action plans to
coordinate with existing City and County activities in that area will be presented.Councilman
Alvarez announced he also would be participating.Approximately
8,500 individuals attended Uncle Sam's July 3rd Celebration at Kelly Stadium.
The sponsors and the volunteer committees will be honored at the July 28th Council
meeting.The
recent opening of the House Ear Clinic, Incorporated in conjunction with Chapman
Medical Center. The facility will provide greatly needed specialized treatment
for ear and hearing related disorders.At
a recent community meeting residents were told that the Walnut cul-de-sac
issue would be decided at the July 14, 1998 Council meeting. A notice in the Oran~
e County Re~ister also indicated today's meeting would address the subject. The
City Attorney advised that the notification deadline could not be
met.PAGE
CITY COUNCIL MINUTES July 14, 1998
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ PROCLAMATIONS (Continued)
The Public Works Director explained the delay in the notification was due to the
expansion of the notification list and an attempt to respond in the notice to questions
raised at the community meeting. A separate mailer responding to questions raised
will be sent out within 10 days. The City Clerk responded the City Clerk's office is
available to verify information on any agenda item and the media is free to contact the
City Clerk's office to confirm dates and times prior to publication.
A Special Meeting of the Transportation Corridor Agency and the Cities of Irvine,
Tustin and Orange regarding the traffic mitigation plan for the Eastern Transportation
Corridor opening will be held on Wednesday, July 15th at 2 p.m.
The City Manager announced that demolition has begun on the Main Library. A one
page newsletter is available for the public which provides information on the library and
the progress of the construction.
The City Manager announced that due to illness Interim Police Chief Dean Richards was
unable to attend the meeting to accept the Resolution in appreciation for his service.
Each Councilmember expressed thanks and appreciation to Interim Chief Police Richards
for serving as Interim Police Chief for the City of Orange.
2.PUBLIC COMMENTS Tape 518
Carole Walters, (address on file), asked that the recycling bin charge issue be agendized;
expressed concern that the City Manager carries a gun as noted in a recent newspaper
article; and spoke regarding being intimidated by a police officer.
Chris Poysa, 226 S. Rosalind, expressed concern with improvements made at the
McPherson Magnet School.
3.CONSENT CALENDAR Tape 703
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of July 14, 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.3.2 Request Council Confirmation of warrant registers dated June 18, June 25,
and July 2,
1998.ACTION:
Approved.PAGE
CITY COUNCIL MINUTES July 14, 1998
3. CONSENT CALENDAR (Continued)
3.3 Request approval of City Council Minutes, Regular Meeting, June 23, 1998.
ACTION:Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
AGREEMENTS
REMOVED AND HEARD SEP ARATEL Y)
3.5 Approval of First Amendment to Consultant Agreement for Plaza Renovation.
A2100.0 AGR-2962.
1)SUMMARY: Approved first amendment to consultant agreement with
CathcartlBegin Associates, Inc. in the amount of $41,285 for additional services regarding
civil engineering, architectural and project coordination
fees.FISCAL IMP ACT: Funds are budgeted for FY 1998/99 in Account No.
500-7021-485100-9875 (Plaza Renovation), in the amount
of$41,285.NOTE: Councilman Alvarez abstained on this item due to a
potential conflict
with property ownership.Discussion: Carole Walters, (address on file), asked about the Committee that
was to be formed? Mayor Coontz explained the Committee will be formed for the
Plaza Park. This work is for
the
Plaza
Quadrants.
MOTION
SECOND AYES
ABSTAIN Murphy
Slater Murphy, Slater, Mayor Coontz, Spurgeon
Alvarez ACTION:
Approved the First Amendment to Consultant Agreement with CathcartlBegin Associates,
Inc., and authorized the Mayor and City Clerk to execute the agreement on behalf
ofthe City.3.
6 REMOVED
AND HEARD SEPARATELY)Annual
Legal Services Agreements. (A2100.0 AGR-
2794.A; AGR-2842.A; AGR-
2904.A)AGR-1042.
M; AGR-2241.A;SUMMARY: Annual legal services agreements with the law
firms of Ferguson, Praet &Sherman; Palmieri, Tyler, Wiener, Wilhelm &
Waldron; McNamara, Van Blarcom,McClendon & Liebold; Liebert, Cassidy & Frierson;
and Beam,
CITY COUNCIL MINUTES July 14, 1998
3. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds are budgeted in the following accounts: 100-
0301-426100-9865 (Personnel Legal Services) and 740-
0301-426100 (Legal Services).Discussion: Norm Phillips, 348 Redwood, asked if each legal
service agreement is a retainer for $70,000 maximum? What is the minimum?
The City Attorney responded each agreement is a retainer for $70,000 maximum.
There
is
no
minimum.MOTION
SECOND AYES
Murphy Slater Murphy, Slater, Mayor Coontz, Spurgeon,
Alvarez ACTION: Authorized Mayor and City Clerk to execute agreements on behalf of the
City for legal services with the law firms in amounts not to exceed $70,000 each
with Ferguson, Praet & Sherman; Palmieri, Tyler, Wiener, Wilhelm & Waldron;
McNamara,VanBlarcom, McClendon & Liebold; Liebert, Cassidy & Frierson; and Beam,
Brobeck
West.3.
7 REMOVED AND HEARD
SEPARATELY)Encroachment Agreement with Orange County Water
District.
AGR-3067)
A2100.0 SUMMARY: The Orange County Water District is installing a retaining wall
along the south face of Bond Pit, to prevent erosion of the slope. The tie-back
system for this retaining wall will be located within the City right of way
underneath Bond Avenue.FISCAL IMP ACT: The City agrees to maintain street trees to be planted
on the north side of Bond Avenue between Prospect Street and Hewes Street. This will
be handled as part of the routine maintenance done by West Coast Arborists, the City'
s contractor for this service. There are no other costs
to the City.The Director of Public Works explained at the July 1 sl meeting relative to
the Walnut cul-de-sac issue, the question was raised whether a wall with
see-through panels or wrought iron could be constructed. The Orange County Water
District sent a letter expressing concern with a wall with see-through panels.
The freestanding wall being constructed is approximately 7 feet high. There is a significant
safety hazard for anyone who would trespass onto the area. The Orange County Water District feels
the only way to have a reasonable level of assurance there would be no trespassing
is to have the area totally screened from view. Questions and concerns relative to
this issue should be directed to Steve Conklin, Director of Engineering,
Orange County Water District,
10500 Ellis Avenue, Fountain Valley, CA.Mayor pro tern Slater expressed concern with the aesthetics
of the wall and the visual impact along the street. He does not want to see concertina
wire across
CITY COUNCIL MINUTES July 14, 1998
3. CONSENT CALENDAR (Continued)
wall. What will be the construction of the block? What will be the set-back from
the street in terms of the landscaping being provided? Would the Design Review Board
be reviewing the landscaping? He would be more comfortable with some type of
City review and more information on the
specifics.Mr. Conklin explained the wall will be 7 feet in height. There would be no wire on top
of the wall, which will be split-face block with an anti-graffiti coating. There
will be fern-like shrubbery against the wall and trees spaced 40 feet along the length
of the wall.Greenery will attach to wall. The process the Orange County Water
District has gone through with the City's Planning and Engineering Department
has taken approximately one year. The Director of Community Development indicated he does
not believe the Design Review Board normally looks at these types of public projects, but
it could be done at
Council's direction.Councilman Alvarez concurred with Mayor pro tern Slater's concerns. He
asked for an explanation on how the top of the block walls will be capped off?
Mr. Conklin responded there would be a concrete crown
over
the
top.
MOTION SECOND
AYES Murphy
Slater Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
ACTION: Approved the encroachment agreement with the Orange County Water
District, contingent on a report coming back for Council's review with the final landscape
and design specifics. No wall is to be constructed or landscaping put in prior to Council's
review of the plans. Authorized the Mayor and City Clerk to execute the agreement on
behalf of the City.
REMOVED AND HEARD SEPARATELY)
3.8 Agreement Between City of Orange and Orange Elderly Services, Inc. (A2100.0
AGR-0974.
N)SUMMARY: Approval of annual agreement between the City of Orange and
Orange Elderly Services, Inc., for the operation of senior
programs.FISCAL IMP ACT: Sufficient funds are budgeted for FY 1998/99 in Account No.
100-7041-426700 (Contractual Services) in the amount of$
211,000.Discussion: Barbara DeNiro, (address on file), asked if this amount will
remain the same? How long will the annual agreement exist? The Director
of CommunitylLibrary Services explained the same amount has been provided to Orange Elderly
Services for several years. This is a
annual contract.
CITY COUNCIL MINUTES July 14. 1998
3. CONSENT CALENDAR (Continued)
MOTION
SECOND
AYES
Murphy Spurgeon
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez ACTION: Approved Annual
Agreement between the City of Orange and Orange Elderly Services, Inc.
in the amount of $211,000, and authorized Mayor and City Clerk to execute Agreement
on behalf of the City.3.9 Agreement
with the County of Orange to provide gang prevention and suppression services beginning July
1, 1998 through June 30, 1999 in an amount not to exceed 76,789. (A2100.
0 AGR-1853.E)SUMMARY: On
October 1, 1991 the City of Orange entered into an agreement with the County of
Orange agreeing to provide the City with the services of a full-time probation officer
to specialize in gang prevention and suppression. This agreement has been extended
five times.ACTION:
Approved and authorized the Mayor and City Clerk to execute the agreement on
behalf of the City.FISCAL
IMPACT: $76,789 has been budgeted in the FY 98-99 budget of the Police
Department. Account 120-4032-427600 (Proposition 172 Fund, Gang
Unit Program,Professional and
Consulting
Services).BIDS 3.10 Bid No. 978-49 for Ductile Iron Pipe and Fittings. (
A2100.0 AGR-3064)SUMMARY: The Water Department uses Ductile Iron Pipe and
Fittings during the fiscal year for maintenance and repair of water
lines throughout the City.ACTION: Approved award of Bid No. 978-49 inthe amount of$169,770.
47 to U. S. Pipe and Foundry Company, Brea, CA and authorized the Mayor and
City Clerk to execute the contract
on behalf of the City.FISCAL IMPACT: Funds are budgeted and
available in Account
No. 601-8041-484501 Transmission and Distribution).3.11 Bid No. 978-30, Recoating of the Exterior of
Reservoir No.'s2Aand 6. (B4000.0)SUMMARY: Reservoir No.'s 2A and 6 are 3.5
and 1.5 million gallon steel tanks located at 2444
Vista Pointe Drive and 2081 N. Cannon Street.ACTION: Rejected all bids for
Bid No. 978-30 and
authorized the
CITY COUNCIL MINUTES July 14, 1998
3. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Because all bids are proposed to be rejected, no funds will be
expended at this time.
3.12 Bid No. 978-51, Project SP-3241, 1997-1998 Street
Maintenance Slurry Seal Contract at various locations. (
A2100.0 AGR-3065)SUMMARY: This project is part of the annual street
maintenance activities and is designed to prolong pavement life of residential street by slurry
sealing. Included in this project are reconstruction of existing pavement of localized
areas and replacement of existing
damaged curb and gutter.ACTION: Awarded Bid No. 978-51 in the amount of $938,403.
95 to Roy Allan Slurry Seal, Inc., 11922 Bloomfield Avenue, Santa Fe Springs,
CA., 90670 and authorized the Mayor and City Clerk to execute the contract
on behalf of the City.FISCAL IMP ACT: Funds are budgeted in
the Capital Improvement Program and
available in the following accounts:262-5021-483300-
3120 $510,518 (Local Street Maintenance 1997/
98)262-5021-483300-3120 $220,
410.95 (Local Street Maintenance)
262-5021-483300-3112 $192,475 (
Arterial Street Maintenance)245-5021-473300-3190 $
15,000 (Bikeway Maintenance)Total Funds Available: $938,403.95 REMOVED AND HEARD SEP ARA TEL
Y)3.13 Bid No. 978-44 -
Contract to Computer Service Co. for modification of six traffic signals
at various locations. (A2100.0 AGR-3066)SUMMARY: The existing traffic signals at
the following intersections are programmed for modifications in the 1997-98 City
budget: Chapman Ave. & Prospect St.; Glassell St.
Collins Ave.; Tustin St. & Palmyra Ave.; Glassell St. & Riverdale Ave.; Main St. &
Katella Ave. and Taft Ave. & Glassell St.
FISCAL IMP ACT: Funds are budgeted in
the Capital Improvement Program utilizing TSIP and
550 Developer funds as follows:Chapman Ave. &
Prospect St. $35,122.00 Glassell St. &
Collins Ave. $45,241.00 Tustin St. &
Palmyra Ave. $34,089.00 Glassell St. &
Riverdale Ave. $
45,241.
00 Main
St. & Katella
Ave. $30,
582.00
Taft Ave. & Glassell St. $11,031.00 Fund #285-5032-483100-6138 Fund #
284-5032-483100-6140 Fund #284-5032-483100-6139 Fund #284-5032-483100-
6137 Fund #550-5032-483100-6142 Fund #284-5032-483100-6122 Mayor Coontz requested
the signal
CITY COUNCIL MINUTES July 14, 1998
3. CONSENT CALENDAR (Continued)
MOTION
SECOND
AYES
Mayor Coontz Murphy
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez ACTION: Approved award
of Bid No. 978-44 and authorized the Mayor and City Clerk to execute
a contract with Computer Service Company in the amount of$198,950.00.3.14
CLAIMS FOR DAMAGES (C3200.0)a. Hamid
Mehrvar b. Azi
Shafi ACTION: Denied
claims for damages and referred to City Attorney and Adjuster.RESOLUTIONS REMOVED
AND
HEARD SEPARATELY)3.15
RESOLUTION No. 8975 (S4000.S.3.6)A Resolution
of the City Council of the City of Orange renaming Sycamore Avenue between Glassell
Street and Orange Street to University Drive.Bob Mickelson,
P. O. Box 932, Orange, indicated he is available to answer questions on this item.
MOTION SECOND
AYES
Murphy
Mayor
Coontz Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez ACTION: Approved.3.16 RESOLUTION
NO. 8976 (
S4000.SA)A Resolution of the City
Council of the City of Orange summarily vacating a portion of the north side of La
Veta Avenue west of Esplanade.SUMMARY: Tentative Tract No 15519
incorporates a small portion of La Veta Avenue surplus right-of-way. The
property owner is now officially requesting the abandonment to proceed concurrently
with the project. The City will receive right-of-way needed for La
Veta Avenue west of the subject abandonment area as part of the development.ACTION:
Approved.PAGE
8
CITY COUNCIL MINUTES July 14, 1998
3. CONSENT CALENDAR (Continued)
3.17 RESOLUTION NO. 8977 (C2500.M)
A Resolution of the City Council of the City of Orange expressing appreciation to
Manuel (Manny) Castillo Salcido, Jr., of the Orange Public Works Department, Water
Division, and commending him for more than 38 years ofloyal and dedicated service.
ACTION: Approved.
3.18 RESOLUTION NO. 8979 (C2500.K)
A Resolution of the City Council of the City of Orange expressing appreciation to Dean
Richards for his service as Interim Chief of Police.
ACTION: Approved.
REMOVED AND HEARD SEP ARATEL Y)
3.19 RESOLUTION NO. 8974 (N1200.0 NEG-
1550-98)A Resolution of the City Council of the City of Orange making certain findings
under the California Environmental Quality Act and approving Negative
Declaration 1550-98,denying Appeal No. 445 and upholding the action of the Planning
Commission of the City of Orange upon Conditional Use Permit 2213-98 relating to
the expansion of a church and private school in a residential zone with the shared use
of a singular parking facility upon property located at 6411 East Frank
Lane (a private drive).Appeal 445, Negative Declaration 1550-98,
Conditional Use Permit 2213-98, Applicant:Salem Lutheran
Church and School, Appellant: Laura Thomas The City Attorney noted requests were received to continue this
item until 7 p.m. A public hearing was held on this matter on June 23,
1998. The hearing has been closed.No additional further public comments should be
considered. If Council desires to hear additional comments, it would have to be re-noticed
as a public hearing to comply
with due process requirements for the applicant.He noted clarification changes made to the
Conditional Use Permit pursuant to action that took place at the June 23, 1998
Council meeting, and substantive changes that Mayor Coontz indicated need to be added because they
were also discussed at
the last Council meeting. Those changes are:Condition No.7 - The condition Council added, and was
left out, is the City Council shall have final authority to review and
approve the final architecture and
landscaping plans for the retaining wall.Condition No. 11 - This is an editing
change. The
CITY COUNCIL MINUTES July 14, 1998
3. CONSENT CALENDAR (Continued)
Condition No. 16 - Deleted because it is not a condition upon the applicant. It is a direction
from the Planning Commission and should not be part of the Conditional Use Permit.
Condition
No. 22 - The previous condition had provided that all persons will be off the property by
10:30 p.m. Specific allowance was made for Board of Director's meetings and also
the two sleepovers that are scheduled every year.Condition No.
23 - Councilman Murphy had requested as a condition that the basketball standards be taken
down. The timing is that prior to an issuance of a Certificate of Occupancy, those standards
have to be down.Marlene A. Fox,
2031 Orchard Drive, Suite 200, Newport Beach, representing COPAC,commented she has
a conformed copy of the Notice of Determination that was filed with the County Clerk
as required by CEQA. The County Clerk accepted the Notice of Determination and it
was posted on June 25, 1998. The Notice states that findings were made pursuant to
CEQA. Resolution 8974 is by law Council's decision. The CEQA findings are listed
in the Resolution. She does not understand how the statute of limitations could start
on a project weeks before it has been approved.The City Attorney
responded he would be willing to discuss the issue with legal counsel.A Notice of
Determination that the project does not have any significant impacts on the environment is a
CEQA issue and that decision has already been made. Resolution No.8974 imposes additional
conditions being placed upon the Conditional Use Permit. The CEQA issue is
not being revisited.Mayor Coontz asked
if Council's decision on the Resolution is dependent on the outcome of the discussion
that Ms. Fox is having with the City Attorney? The City Attorney indicated the City
Council has already adopted the Negative Declaration which contains the findings on
the CEQA issues. The adoption of the Conditional Use Permit and additional conditions imposed
upon the applicant have no impact upon the CEQA analysis. Ms. Fox
was referred to the City Attorney to further discuss the issue.MOTION - Slater SECOND -
Mayor Coontz AYES -
Murphy, Slater, Mayor Coontz,
Spurgeon NOES - Alvarez Moved to adopt Resolution
No. 8974 with
the changes listed.PAGE 10
CITY COUNCIL MINUTES July 14, 1998
3. CONSENT CALENDAR (Continued)
TIME EXTENSION REQUEST
REMOVED AND HEARD SEPARATELY)
3.20 Conditional Use Permit 2130-95 - Southern California Presbyterian Homes
continued from 6/23/98). (C3300.0 CUP-
2130-95)SUMMARY: On June 25, 1996, the Council approved CUP 2130-95
to allow the construction of an upscale senior citizen housing project. The
applicant, due to unforeseen negotiations with neighboring property owners, has been
unable to start construction ofthe project within two years of the date the
project was approved.FISCAL IMP ACT: The request will not have an impact on city
finances. The applicant shall be responsible for paying
applicable development fees.Discussion: Paul Hackmann, 1502 E. Briardale, asked whether the
conditions passed in the Resolution have been taken care of? He asked for an explanation
of problems that were referred to in a letter
regarding the easements.Barbara DeNiro, (address on file), commented the weeds on the property
have been an eyesore to the community. What is the delay
in the project?Carole Walters, (address on file), expressed concern that the
residents in the neighborhoods were not given consideration by Council; that the property
could be sold and another project developed without the neighbors having a say;
and questioned the delay in the construction
of the project.Vera Mater, 1774 N. Lincoln Street, commented on the continued
delay of the construction of the project. Is the continuance requested because of
an easement problem with the church? Why wasn't this brought to Council's attention
before the deadline?Why wasn't she told of the problem when she consistently inquired for
1 ~ years about the construction date? Is Southern California Presbyterian
Homes (SCPH) getting apprehensive about building on such
a small lot?Tom Mason, 1723 N. Lincoln Street, commented the two year time limit
has expired and it should not be renewed. If the City Council would reject the application,
all the people who live on both sides of Taft Avenue, Lincoln Street and Briardale
would be grateful.Bob Mickelson, P. O. Box 932, Orange, responded he had never shown
a building permit to anyone because he does not have a building permit, which is the reason he
is asking for the time extension. The delay was caused by three easements
which encumbered the property that had to be cleared up before they could know how large the
site was to design the project. Due to the delays, SCPH had to move on to other
projects. They
CITY COUNCIL MINUTES July 14, 1998
3. CONSENT CALENDAR (Continued)
now ready to pull the building permits. The reason the letter was dated June 9th was that
he was told that a letter of continuance was not needed. It was later determined that the
continuance was needed.
MOTION
SECOND
AYES
Spurgeon Murphy
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez ACTION: Approved request
for a one year time extension from July 14, 1998 to June 25,1999.MOTION SECOND
AYES
Murphy
Alvarez
Murphy,
Slater, Mayor
Coontz, Spurgeon,
Alvarez Item Nos. 3.5, 3.6,
3.7,3.8,3.13,3.15,3.19 and 3.20 were removed and heard separately.Councilman Alvarez abstained on Item No.
3.5. The remainder of the ConsentCalendar was approved as recommended.END OF
CONSENT CALENDAR 4.REPORTS
FROM MAYOR COONTZ Tape
2134 4.1 Report on City-Schools
Coordinating Meeting.Mayor Coontz reported the City
of Orange/OUSD Coordinating Committee representatives met this past week. Progress was
made on understanding for the first time what the district wanted from the City in their
goal to obtain higher developer fees for the construction of new schools.The City Manager and the
Superintendent will meet in the near future on a one-to-one basis to further discuss the
issue. At the recent public meeting in the area of Prospect Elementary School WalnutlVirage cul-de-
sac issue), traffic safety of school children was brought up. When someone
said, "traffic safety issues are the responsibility of the city," it became evident that the City
needs to step back and think who actually has the responsibility for the safety of the children in
the community. It is believed that the City has a shared responsibility with the family,teachers,
principals, the school district, City departments, and City Council. The safety of school children
in the community continues to be one of the highest priorities of the Council. Over the years,
the City has provided a number oftraffic safety programs, but the City needs to do more.Mayor
Coontz proposed at the committee meeting that the City Planners, Police, and Traffic Departments
work together to help the school district review the circulation and parking problems
at each school. They need to incorporate a program to educate parents and their PAGE
12
CITY COUNCIL MINUTES July 14, 1998
4. REPORTS FROM MAYOR COONTZ (Continued)
children about the problems associated with double-parking, dropping off children from
cars,speeding in school areas, and the safety of children who walk to
school.The City Manager will be directing the City departments to bring back a proposal to the
Council to present to the school district for their approval, and the approval ofthe
Council.4.2 Update on Community Meeting - Walnut Avenue.
Mayor Coontz reported that starting on June 15th, she received several Mayor's Hotline calls
regarding the construction of a cul-de-sac on Walnut Street. Public Works also
received a number of complaints. Concern was expressed to the City Manager about the construction
of
the cul-de-sac.At her request and with the approval of the City Manager, the
Public Works Director Harry Thomas arranged a meeting for July 1 sl at Santiago Middle School, and a
meeting notice was sent out. The City Manager decided to put a stop work order on the construction
until the City heard from the community and alternative solutions were explored.
Mayor Coontz conveyed her feeling at the meeting that the Council response would be to stop the construction
as soon as they could address the issue at a City Council meeting. It was hoped that the meeting
could be set for today, but the City Attorney indicated that if notices were to be sent to an
area larger than the 300-foot radius that it would take longer, so the issue is set for the
Council meeting of July 28th.From information received today, she understood that 300 notices
were mailed; 180 notices were sent to an area within the 300-foot radius; and the remaining
were sent to phone callers and names taken at the public meeting. The geographical area
included west of Hewes, east of Prospect, south
of Bond, and north of Spring.The City received 60 written and oral comments about traffic
issues at the meeting, not all directly corresponding to the Walnut cul-
de-sac proposal, which are either being directly answered by the Public Works
Department or will be studied for future solutions.COUNCILMAN SPURGEON COMMENTED FOR THE RECORD: "I
was not there. I was told by staff that there could be exposure to violations of the Brown
Act if the Council attended. So, I knew that two of you would be there. So I
chose not to attend based on that advice."Carole Walters, (address on file), expressed
concern that the residents should have known long ago about the Walnut cul-
de-sac. Mayor Coontz explained notification was mailed beyond the 300 foot radius as required by the
State. She will propose at the July 28th meeting that notification be sent to a larger
geographical area than
a 300 feet radius when traffic circulation changes are involved.The Director of Public Works explained
further that a public outreach effort was made by the developer. Community meetings were
held and legal notices were sent for the two public hearings held on the project. The
problem was that the impact was far greater than would ordinarily be the range
of notification
CITY COUNCIL MINUTES July 14, 1998
4. REPORTS FROM MAYOR COONTZ (Continued)
were used to pass out fliers to the homeowners when it became clear that there was a broad area
of concern and the proposed project was due to be constructed approximately 1 V2 weeks prior to
the meeting being held.. The City Manager noted he authorized the use of the police explorers
for this purpose.
Beatrice Heinlein, 448 N. Swidler Street, expressed concern that this issue will not be heard until
July 28th. She commented on the need to expand the notification process to include everyone in
the neighborhood who uses the street. Mayor Coontz repeated the proposal she will make at the
July 28th meeting.
Chris Poysa, 226 N. Rosalind, expressed concern with the Walnut cul-de-sac dumping
into the kindergarten yard of the elementary school, crossing guards, and the relationship
between the Council and the Orange Unified School District. Mayor Coontz indicated she would be
happy to meet with Ms. Poysa regarding
her concerns.Councilman Alvarez noted he also serves on the Coordinating Committee. He feels
OUSD is being challenged by many things that the City Council needs to be brought up to speed
on. The main issue OUSD is looking at is the
mitigation issue.Bob Bennyhoff, 10642 Morada Drive, commented that OUSD is notified of City issues
and has the right to review the plans. He suggested the school district staff and the City staff
discuss the issues and come to an understanding and then make their recommendations to the Board
and to Council. The major cause of overcrowding of the schools is the legal and
illegal immigration and the very
high birthrate.Mayor Coontz said the Superintendent and the City Manager will be getting together
to cover these issues. The City Manager indicated he will propose to Superintendent French that
there be regular meetings of the staff. A proposal will be made to the school district and be
brought to Council hopefully by the next Council meeting regarding a review of the
mitigation proposal.4.3 Update by Councilman Murphy, Designated Alternate for the
Orange County Sanitation District, concerning consolidation and proposed fee increases
and decreases.Councilman Murphy reported effective July 1 st, the Orange County
Sanitation Districts consolidated into one district, the Orange County Sanitation District. The
consolidation will benefit some taxpayers relative to their sanitation rates and fees. He noted several
inquires were received relative to notices concerning fees. A public hearing will be held on
July 29th.Unfortunately, notices are only sent to those who are proposed to receive a rate
increase. Those receiving a rate decrease include single-family residential in the majority of
districts inside the City of Orange. The rate will not go up on any single-family homes. Former
Districts 7, 11 and 13 will remain static this year. There will be decreases in the old Districts 1 and
2, which
CITY COUNCIL MINUTES July 14, 1998
4. REPORTS FROM MAYOR COONTZ (Continued)
majority of the City. Non-residential businesses resulted in 22,000 decreases across the
County,and 13,000 increases. In multi-family homes, apartments, etc., the rate will be
increased from 60% to 70% of what a single-family rate is, if the
proposal goes through.4.4 Report on Canyon View Avenue Traffic Conditions. (
T2200.0.2)Mayor Coontz and Councilman Murphy reported the following
recommendations are presented to
Council for consideration:1) Truck restriction on Canyon View Avenue: Canyon View is not on the
City's established truck route map. Some area residents have informed staff of the relatively
high number of trucks using this street. It is recommended to install appropriate truck restriction
signs at the intersections of Canyon View at Jamboree, Newport and Chapman,
respectively, to minimize truck intrusions
into the community.2) Street Name Change: Some area residents have suggested changing "
Aspen Street" to Chapman Hills Elementary School" to give another advanced warning
for raising driver awareness of the elementary school's existence
in the area.3) Pedestrian Safety - Flashing Crosswalk: "Flashing Crosswalks" are new in the
State of California and used successfully by several cities in northern California and other
states. The crosswalk is composed of a series of flashing beacons embedded in the pavement,
that are actuated by the pedestrian's presence (either manually or through
automatic detection).Caltrans is looking for potential test sites, and the City would like to be a part
of that.Barry Besser, 5749 E. West View Drive, commented he does not see the necessity
for further studies, reduced speed limits, or increases in costs. This area of Canyon View has
very little
pedestrian traffic.The Director of Public Works responded traffic is expected to double on Canyon View
with the opening of the Eastern Transportation Corridor. Present traffic volumes are approximately
5,500 vehicles per day. Traffic volumes could reach 20,000 vehicles per day on certain
segments. This is another method to try to alert drivers to the presence of pedestrians, particularly
school age pedestrians; to enhance the safety of the school crossings; and to minimize the amount
of risk involved in crossing a
four-lane roadway.Julia Jones-Ufkes, 20121 Clark Street, commented $20,000 is not too much
to spend to enhance the safety of children. There is also equestrian traffic at the location
which poses special
needs.MOTION-
Mayor Coontz SECOND- Murphy AYES - Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to install truck restriction signs at the intersections of Canyon
View at Jamboree,
Newport and
CITY COUNCIL MINUTES July 14, 1998
4. REPORTS FROM MAYOR COONTZ (Continued)
MOTION - Murphy SECOND -
Mayor Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to change
the street name from Aspen Street to Chapman Hills Elementary School north of Canyon View
Avenue subject to the school's approval of the name change to afford some additional advance notice
for driver awareness of the elementary school in the area.MOTION - Mayor Coontz
SECOND - Spurgeon AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved to install flashing crosswalk(s)
on Canyon View Avenue.MOTION - Murphy SECOND - Mayor Coontz AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved
that there be other restrictive traffic measures implemented
and considered as needed after the opening of the Eastern Transportation Corridor with
the observation of the obvious changes in traffic flow.MOTION - Mayor Coontz SECOND - Murphy
AYES - Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved
that the Public
Works Department assist the Council Committee to notify
Santiago Hills Homeowners representatives of both Eastern Transportation Corridor early opening efforts and short-
term remedies to Canyon View perceived traffic problems.5.REPORTS FROM
COUNCILMEMBERS Tape 3900 5.1 Proposal by Councilman
Alvarez to establish a Citizens Advisory
Committee to provide citizen input to the City Council for the selection of
a permanent Police Chief continued from June 23, 1998).Mayor Coontz commented phone calls have
been received from individuals interested
in serving on the Citizens Advisory Committee. This item was continued due to
the City Manager's absence at the June 23, 1998 meeting.Councilman Alvarez repeated his
proposal made at the June 23, 1998
Council meeting. It was suggested at that meeting that each Councilmember select one to three
members to the committee. A staffmember from the City Manager's office was added
to the proposed staff PAGE 16
CITY COUNCIL MINUTES July 14, 1998
5. REPORTS FROM COUNCILMEMBERS (Continued)
members from the City Attorney or the Personnel Office who would assist the committee with
the interview process. It was suggested that the City Council be given at least two individuals to
choose from, so that ultimately it would be Council's decision on who the next Police Chief
would be.
The City Manager asked that Council consider postponing this item until he is able to provide
Council with a proposal regarding this issue. A recommendation will be made to Council that a
consulting firm be employed for the selection of the Police Chief, which would require Council's
approval and an appropriation of $25,000 - $30,000. Concern was expressed that a high degree of
confidentiality be maintained for the benefit of the applicant. He is in support of the community
expressing what characteristics they think the Council should look for in a Police Chief
and issues and concerns in the City they would like to see addressed. The individuals identified
by Council could provide feedback to him and/or the Council. It is important that Council'
s role in the selection or interview process is done carefully due to the potential for liability.
Councilman
Alvarez responded the Citizens Committee would not come in to play until the selection
process was narrowed down to two or three finalists and would provide public input,ask
questions and make observations within a forum.Mayor
pro tern Slater reiterated his support for the Citizens Advisory Committee and the need for
the public to let the Council and City Manager know what qualities they would like to have in the
next Police Chief.Councilman
Spurgeon requested the legal and confidential issues be addressed by the Personnel Director
and the City Attorney, if appropriate, when the City Manager's report comes back to Council.
These issues need to be addressed as to how they relate to the size of the committee and when
the committee would interface with the candidates.Mayor
Coontz commented on the importance of involving citizens in an advisory capacity in the beginning
to find out what qualities they are looking for in a Police Chief and how he should relate
to the community.Councilman
Murphy concurred with some of the conceptual ideas. Concern was expressed with the
legal issues and a precedence being set. Changing the process might impair the City Manager'
s ability and responsibility for hiring and firing department heads. Perhaps the committee
could confirm the choice made by the City Manager. It is important that information get
to the City Council and the City Manager on the qualities the community is looking for in a new
Police Chief.Carole
Walters, (address on file), commented on the confidentiality issue. The residents want to ask
a potential Police Chief how he/she is going to work in the community.PAGE
17
CITY COUNCIL MINUTES July 14, 1998
5. REPORTS FROM COUNCILMEMBERS (Continued)
Mara Brandman, 7319 Equitation Way, commented residents want to be familiar with the
process and provide their input.
Don Zweifel, 2110 Larkspur Drive, commented other cities have this type of committee;
expressed support for Councilman Alvarez's proposal; and that this is good public relations for
the City.
Janet May, 2943-1 N. Cottonwood, expressed support for the Citizens Advisory Committee
and inquired about the selection process. Mayor Coontz responded that no decisions have been
made on the committee. The City Manager is preparing a report for Council's
consideration.Craig Olson, 699 Creekview Drive, stressed the importance of the confidentiality issue
and requested Council carefully consider this
aspect.MOTION - Alvarez
SECOND - Slater AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
continue the proposed Citizens Advisory Committee for the selection of permanent Police Chiefto
July 28, 1998, subject to the City Manager's report being prepared.6. REPORTS
FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 4988 6.1
Appointment of Susan Secoy to the Design Review Board to fill the vacancy created by Steven
McHarris (term to expire September 30,1999). (OR1800.0.8.1)COUNCILMAN SPURGEON
COMMENTED FOR THE RECORD: "I still think that if we ever get a third vote
that we need to discuss the future and the role of the Design Review Board vs. that of a staff committee
or a technical committee made up of City staff members, who would then in turn be advisory
to the Planning Commission. I have reviewed Ms. Secoy's academic record and her resume and
she has outstanding qualities. This has no reflection on her, but I will abstain from this due
to my opposition of the Design Review Board as it is presently constituted. Not the people on
it, but in terms of its role. So I will be recording an abstention because ofthis."Mayor Coontz
commented all the Boards and Commissions will be reviewed. In response to Mayor Coontz,
the Director of Community Development explained at Council's direction, staff has had
several conversations with the Design Review Board and Planning Commission to review procedures
and how the development review process works in order to give them as complete an
understanding of the process as possible.Councilman Murphy
concurred with Councilman Spurgeon and suggested a policy and procedure document
be prepared to review all Boards, Committees, and Commissions.PAGE 18
CITY COUNCIL MINUTES July 14, 1998
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS (Continued)
MOTION- Slater
SECOND- Mayor Coontz
AYES - Murphy, Slater, Mayor Coontz Alvarez ABST
AIN- Spurgeon ACTION:
Approved.7.
REPORTS FROM CITY MANAGER Tape 5208 7.
1 Approval of employment contract with Andy P. Romero, as Interim Police Chief.A2100.
0 AGR-3068)
The City Manager introduced Interim Police Chief Andy Romero, the former Police Chief of
Bell Gardens. Andy also has a 27 year history with the Orange County Sheriffs Department.
Andy Romero gave a presentation on his background and thanked the City Council, City
Manager, and the people for giving him this opportunity.
Barbara DeNiro, (address on file), commented she hopes Interim Police Chief Romero likes the
City of Orange.
Norm Phillips, 348 Redwood, commented the contract allows the City Manager to negotiate
amendments. He does not see the need for amendments to be made. The City Manager
responded he does not anticipate amendments during this period of time. The ability to negotiate
amendments prevents having to go through another legislative act on minor issues that may arise.
MOTION - Murphy SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Approved and
authorized the Mayor and City Clerk to execute the contract on behalf of the City.
Allow the City Manager to negotiate amendments to this contract as may be necessary over the
terms of this contract.The City Council
recessed at 7:15 p.m. and reconvened at 7:28 p.m. Councilman Alvarez was absent.PAGE 19
CITY COUNCIL MINUTES July 14, 1998
8.ADMINISTRATIVE REPORTS Tape 5947
8.1 Report from the Assistant to the City Manager - request to Carryover Certain FY 1997-
98 Appropriations to FY 1998-99. (C2500.J.l.
l)SUMMARY: Carryover appropriations are necessary for projects that were budgeted in
FY 1997-98 but not initiated during the fiscal year. Therefore, the funds for these projects
must be carried-over into the
new fiscal year.FISCAL IMPACT: Adequate funds had been appropriated and reserved in the
Fiscal Year 1997-98 budget for the various projects that were not initiated during the FY 1997-
98. These funds are available in the FY 1997-98 budget to be carried-
over into the FY 1998-99 budget.The Assistant
to the City Manager presented the report.Councilman Murphy noted he would
abstain from voting on carryover appropriations which could pose a
potential conflict of
interest with his
employment.MOTION - Murphy SECOND - Slater AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon ABSENT - Alvarez ACTION: Approved the carryover appropriations summarized in Exhibit "A" as
outlined in the staff report with the exceptions of the Treasury Department Year 2000
Compliance, the Police graphical computer and the MIS
functions as noted.MOTION -
Mayor Coontz SECOND -
Slater AYES - Slater, Mayor Coontz, Spurgeon
ABSTAIN- Murphy
ABSENT - Alvarez Moved
to approve the balance of carryover appropriations.NOTE:
Councilman Alvarez returned to the dais at 7:31 p.m.8.
2 Report from the Director of Community and Library Services regarding Purchase of
Furniture for the Main Library. (C2500.I)SUMMARY:
The Library Renovation Project does not include funding for new tables and chairs.
After careful review and consideration, staff is recommending new furniture be purchased
for the Main Library to coincide with the reopening in early 1999. A thorough inventory
of existing furniture indicates all but seven pieces are in excess of thirty (30) years old.The
current furniture is in need of repair and would be inappropriate to place back into the library when
it is reopened. The purchase of the furniture will not require the appropriation of any new PAGE
20
CITY COUNCIL MINUTES July 14, 1998
8. ADMINISTRATIVE REPORTS (Continued)
monies since funding is available from a combination of 1997-98 savings and the
approved Library Budget for
1998-99.FISCAL IMP ACT: If the proposed carryover of $150,513 is approved as part of
Agenda Item 8.1, the Library Renovation Project account will include an additional $212,513. The
source of the funds include the above $150,513 and $62,000 included in the Library's Fiscal
Year 1998-99 Budget (Account No. 100-2011-471301). A total of $175,485.14
is needed for the Library furniture. The remaining $37,027.86 will be placed in
a contingency
fund for construction changeorders.The Director of Community/
Library Services presented the report.Norm Phillips, 348 Redwood, commented on the delay of
the renovation project. The City Manager explained one reason for the delay was a contractor bid that
had to be determined as inappropriate and the contract re-awarded. The library
opening is scheduled
for early 1999.
MOTION - Slater SECOND - Murphy AYES - Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez ACTION: Approved expenditure of funds for the purchase of new furniture at
the Main Library in the amount of$
175,485.14.8.3 Report from the Finance Director regarding Assessment District
No. 86-1 (East Orange) Reassessment Proceeding and Refunding Bonds. (This
Item was continued from June 9,1998 and June 23,
1998.) (T1100.0.1)The Finance Director reported because of the current interest
rate environment and the availability of unused funds in the district, the refunding of the current bond issue
will result in a significantly reduced property tax assessment for property owners in
the district. The property owners will be notified
of the reduced
assessment.RESOLUTION NO. 8957 A Resolution of the City Council of the City of Orange approving
and confirming Report and Reassessment for the Refunding of the Outstanding Bonds for
Assessment District
No. 86-
1 East
Orange).MOTION- Spurgeon SECOND- Murphy AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved that Resolution No. 8957 as introduced be adopted, and same was
passed and adopted
by the
CITY COUNCIL MINUTES July 14, 1998
8. ADMINISTRATIVE REPORTS (Continued)
RESOLUTION NO. 8958
A Resolution of the City Council of the City of Orange authorizing the issuance and sale of
refunding bonds for Assessment District No. 86-1 (East
Orange).MOTION-
Spurgeon SECOND-
Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Resolution No. 8958 as introduced be adopted, and same was passed and adopted by
the preceding vote.
8.4 Appeal by Councilman Murphy of the City Traffic Commission's action to postpone
a decision for 6 months for installation of an "All-Way" STOP control at the intersection
of Rancho Santiago Blvd. and Bond Ave. (S4000.S.3.3) Tape
7176 Councilman Murphy reported staff concurs with the installation of the "All Way" STOP
control.A letter was received from the County of Orange indicating their concurrence. Mayor
Coontz indicated a memorandum in support of the stop control was received from Barr Fletcher, 637
No.Ranchroad
Drive.MOTION - Murphy
SECOND - Mayor Coontz AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Approved
the appeal and authorized the installation of an "All-Way" STOP at Rancho
Santiago Blvd. and Bond Ave.8.
5 Appeal by Thomas Schellenberg of the City Traffic Commission decision approving NO
PARKING 3:00 A.M.-6:00 A.M." restriction on the 1200 block of N. Parker St. Mr.Schellenberg
was unable to attend the CTC meeting and a decision was reached without his testimony. (
S4000.S.3.1.1) Tape 7325 The
Director of Public Works reported the request was initiated by one of the property owners in the
area. Testimony received at the Traffic Commission meeting related to long-term parking on
the street that interfered with customer parking for other businesses in the area; mechanical work
being conducted on vehicles parked within the roadway; night time drop off of vehicles that were
left on the roadway; and extended parking beyond the 72 hour limit. Street sweeping in the area
has been a problem. Mr. Schellenberg operates an automotive repair business.
Mayor Coontz commented there are requirements of the City for business parking. Is the area on
the lot used for parking? Is there an encroachment into the required parking? The Director of
Public Works responded that at the Traffic Commission meeting testimony was received that
PAGE 22
CITY COUNCIL MINUTES July 14, 1998
8. ADMINISTRATIVE REPORTS (Continued)
there are areas for parking available on the site. However, he did not have an answer to Mayor
Coontz's question regarding an encroachment.
SPEAKING IN OPPOSITION OF THE PARKING RESTRICTION
James Bradshaw, attorney representing Autotek, 1139 N. Avila Place
Mike Nyulassie, 1250 Parker, #A
Reasons for Opposition: Lack of notification; convenient to leave vehicle in front of business;
concern that someone painted a red curb; and the parking problem is a daytime problem.
Mayor Coontz noted the notification is sent to the property owners in the area.
SPEAKING IN SUPPORT OF THE PARKING RESTRICTION
John Sphinx, 1214 N. Avila Place, Orange
Gene Borowski, 1245 N. Parker
Reasons for Support: Vehicles left for extended period of time; daytime and night time parking;
lack of parking enforcement for street sweeping; vandalism; and the inconvenience.
ApPELLANT'S REBUTTAL AND RESPONSE TO COUNCIL QUESTIONS:
Thomas Schellenberg, 1245 N. Parker, #C, commented the parking problems exist during the
daytime. The parking restriction will not solve the parking problem on the entire street. He
indicated no one spoke on his behalf at the Traffic Commission meeting. The cars on-site
are being worked on. The gates are locked at night and customers would be unable to drop off
their vehicles on the lot. There are approximately six spaces on site. Six or seven vehicles
are serviced on a normal day. The business has been at this location for 10
years.COUNCIL
CONCERNS:Mr. Schellenberg was not given the opportunity to speak at the Traffic Commission
meeting.Parking enforcement on the
street.Over parking in the
area.Allgeged red marked
curb.The City Manager commented if the lots are fenced at the curb, it may be illegal. It can
be enforced that the fences be removed because parking places are to be accessible to the
public.Councilman Spurgeon suggested the parking enforcement start
now.PAGE
CITY COUNCIL MINUTES July 14, 1998
8. ADMINISTRATIVE REPORTS (Continued)
MOTION - Spurgeon SECOND -
Mayor Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Moved to
refer back to the Traffic Commission to consider at their earliest convenience, and with
Community Development Department's input on land use issues.8.6 Report
from the City Manager regarding the City of Orange Economic Development Strategy and
Work Plan. (C2500.G) Tape 1105 SUMMARY: Long-range
strategy and work plan containing guidelines for economic development and
housing programs and activities, and a description of administrative functions and work
products of the Department.FISCAL IMP
ACT: None at present. Programs and activities established to implement the Strategy and
Work Plan will be considered for approval as part of the annual budget process.The City
Manager gave the report. It highlights ways to stimulate new development and redevelopment without
spending a significant amount of money. It will be used by staff to evaluate program
success and requests for assistance and to establish an annualized budget. With Council's
approval, copies of the Strategy and Work Plan will be distributed to the brokerage,development and
business communities and to other departments to incorporate in their own planning activities.
MOTION SECOND
AYES
Spurgeon
Murphy
Murphy, Slater,
Mayor Coontz,
Spurgeon, Alvarez ACTION: Approved the City of
Orange Economic Development Strategy and Work Plan with compliments to the staff.8.
7 Report from the
Director of Community Development concerning Orange Park Acres Plan as requested by
the City Council on June 23, 1998. (C2300.J)Councilman Murphy announced that at
the June 23, 1998 Council meeting, he suggested Council consider initiating discussion and potential
review of the Orange Park Acres Plan. He is not comfortable with moving the suggestion
forward at this time and would like to table the discussion. If the issue is
revisited at a later date, he suggested Orange Park Acres Planning Committee have input to determine
ifthe Plan needs to be reviewed or amended.MOTION - Murphy SECOND - Alvarez AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez
PAGE 24
CITY COUNCIL MINUTES July 14, 1998
8. ADMINISTRATIVE REPORTS (Continued)
ACTION: Moved to table this issue and not bring it back for review without the input of the
Orange Park Acres Planning Committee as to the need for review.
9.LEGAL AFFAIRS Tape 1328
9.1 ORDINANCE NO. 10-98 (A2500.
0)An Ordinance of the City Council of the City of Orange amending Chapter 17.36 of
the Orange Municipal Code pertaining to sign regulations for major commercial
centers.MOTION - Slater
SECOND - Murphy AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
Ordinance No. 10-98 be read by title only and same was passed and adopted by the preceding
vote.10.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11.
RECESS TO CLOSED SESSION MOTION
SECOND
AYES
Spurgeon
Slater Murphy,
Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to defer consideration
of the Closed Session items until after the 7:00 p.m. Session.The City Council recessed
to Closed Session at 8:55 p.m. for the following purposes:a. Conference with Legal
Counsel pursuant to Government Code Section 54956.9 - existing litigation. Donna and Harvey Buckridge
v. City of Orange, et aI., Orange County Superior Court Case No. 77 87 33.
b. Conference with Labor Negotiator
pursuant to Government Code Section 54957.6: City Negotiator: Personnel Director Steven Pham;
Employee Organizations: Orange City Firefighters and City of Orange
Police Association.c. Conference with Legal Counsel -
anticipated Litigation. Significant exposure to litigation pursuant to Government Code Section 54956.
9(b) (one potential case). Contract withORRS.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 of the matters will
not be considered in Closed Session.PAGE 25
CITY COUNCIL MINUTES July 14, 1998
7:00 P.M. SESSION
12.PUBLIC COMMENTS Tape 1430
Eddie Albright, 642 N. Glenrose, commented that East Orange (EI Modena) is a good
community and asked for Council's support. Mayor Coontz assured Mr. Albright the issues in
his area are being addressed. He was encouraged to utilize the Mayor's Hotline and speak with
Councilmembers and/or the department heads.
Barbara DeNiro, (address on file), distributed a picture of graffiti and firework debris at
Fairhaven Elementary School, noting the graffiti removal unit in the City was notified and the
graffiti was removed in a timely fashion. She contacted Drug Emporium about graffiti on the
east side of their store. Does the City need massage services in a broader commercial area of
businesses in Orange and why? Why was the Tustin Redevelopment Project Area named
specifically? Does that include the Touch of Romance store? A motor home has been parked on
Lincoln Street (west side of Lucky store) off-and-on for some time. What will be done
with the old library furniture? She expressed disappointment with Mr. Mickelson's
remark suggesting comments made about SCPH by individual residents was not what
he said.The City Manager responded the old library furniture will go
to auction.13.PUBLIC HEARINGS
Tape 1710 13.1 LANDSCAPE MAINTENANCE DISTRICT 82-1,
ANNUAL LEVY AND COLLECTION OF ASSESSMENTS, CITY OF ORANGE: (
LI200.0 LMA-82-1)Time set for a public hearing on the annual levy of assessments to
fund the costs and expenses for the maintenance of the improvements in Landscape Maintenance
District No. 82-1, which is located westerly of Meats Avenue in the vicinity
of
Marywood and Shadowridge Streets, Tract 10486.The Director of Public Works reported that Landscape
Maintenance Districts 82-1, 86-2, and 94-1 assessments are unchanged from last year. The
Districts are located in the Shadow Ridge Area,Santiago Hills, and Sycamore Crossing
Projects. Last year the assessments were reduced by 30%, 25% and 20% respectively. The
same reductions are being maintained this year. The assessments cover 69%-80% of the costs of
operating the districts. The balance is being paid from interest earnings on the reserve funds and a
draw down from the rate stabilization portion of the reserve fund. The intent is to draw down the
reserve in the three districts to the minimum level necessary for a prudent financial
management, which will take several years to accomplish.MAYOR COONTZ
OPENED THE PUBLIC HEARING. THERE BEING
NO SPEAKERS,
CITY COUNCIL MINUTES July 14, 1998
13. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 8971
A Resolution of the City Council of the City of Orange confirming the Diagram and Assessment
and providing for the levy of the annual assessment for Special Maintenance District 82-
1.
MOTION
SECOND
AYES Murphy
Mayor Coontz Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
Resolution No. 8971 as introduced be adopted, and same was passed and adopted by the preceding
vote.13.2
LANDSCAPE MAINTENANCE DISTRICT NO. 86-2, ANNUAL LEVY AND COLLECTION
OF ASSESSMENTS, CITY OF ORANGE: (L1200.0 LMA-86-
2)Time set for a public hearing on the annual levy of assessments to fund costs and expenses
for the maintenance of the improvements in Landscape Maintenance District No. 86-2
within the Upper Peters Canyon Specific Plan Area (
Santiago Hills).NOTE: Refer to Item No. 13.1
for discussion.MAYOR COONTZ OPENED THE PUBLIC HEARING. THERE BEING
NO SPEAKERS,MAYOR COONTZ CLOSED THE
PUBLIC HEARING.RESOLUTION
NO. 8972 A Resolution of the City Council of the City of Orange confirming the Diagram
and Assessment and providing for the levy of the Annual Assessment for Special Maintenance
District
86-
2.
MOTION SECOND
AYES Murphy Mayor
Coontz Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Resolution No. 8972 as introduced be adopted, and same was passed and adopted by
the preceding vote.
13.3 LANDSCAPE MAINTENANCE DISTRICT NO. 94-1, ANNUAL LEVY
AND COLLECTION OF ASSESSMENTS, CITY OF ORANGE: (L1200.0
LMA-94-1)Time set for a public hearing on the annual levy of assessments to fund the
costs and expenses for the maintenance of the improvements in Landscape Maintenance District No.
94-1 in
the Sycamore Crossing Tract.NOTE: Refer to Item
13.1
CITY COUNCIL MINUTES July 14, 1998
13. PUBLIC HEARINGS (Continued)
MAYOR COONTZ OPENED THE PUBLIC HEARING. THERE BEING NO SPEAKERS,
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 8973
A Resolution of the City Council of the City of Orange confirming the Diagram and Assessment
and providing for the levy of the annual assessment for Special Maintenance District 94-
1.
MOTION
SECOND
AYES Murphy
Mayor Coontz Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
Resolution No. 8973 as introduced be adopted, and same was passed and adopted by the preceding
vote.14. PLANNING
AND ENVIRONMENT - None 15. ADJOURNMENT The
City Council
recessed to Closed Session at 8:55 and reconvened at 9:45 p.m.MOTION SECOND AYES
Murphy
Spurgeon
Murphy,
Slater, Mayor
Coontz, Spurgeon,
Alvarez The City Council adjourned at 9:
45 p.m.CA~C.rZ-Ar/~CASSANDRA J.
THCART, CMCCITY
CLERK a,? 'I / /v'
7p4/J
ANNECOONTZ /~
MAYORt/'
I j PAGE
28