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08-11-1998 Council MinutesAPPROVED BY THE CITY COUNCIL ON AUGUST 25, 1998 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING August 11, 1998 The City Council of the City of Orange, California convened on August 11, 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 Carl Floyd, Orange Christian Assembly 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor pro tem Slater 1.3 ROLL CALL PRESENT -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -None 1.4 PRESENTATIONS! ANNOUNCEMENTS! PROCLAMATIONS Plaques were presented in recognition of the Corporate Partners responsible for the success of Uncle Sam's July 3rd Celebration at Kelly Stadium. Approximately 8,500 people attended the event, which raised over $9,000. Detective Joe Dupuis presented a plaque in recognition of the sponsors and contributors in the community for their support of the Orange Police Department World Police & Fire Games Team. Recognized were Mayor Coontz, Councilman Murphy, Councilman Spurgeon, County Supervisor William Steiner, and former Councilman Fred Barrera. Representatives from Edison International, Ferguson, Praet & Sherman, Orange Disposal Service, Orange City Firefighters Association, Caseys, Bergen Brunswig Corporation, Orange North Rotary, Kinney Chiropractic, Toyota of Orange, Watsons Soda Fountain, Varco International, Thompson Building Materials, Titan Automotive, Orange Alternator, Youngs Markets, and Mitsushiba International were recognized. 2. PUBLIC COMMENTS Cindy Groom, 303 E. Everett Place, spoke regarding the impact of Chapman University student parking between Everett and Mayfair. She requested Parking Permit Area A be extended to include both sides of the street south of Everett to Mayfair. Mayor Coontz noted that a Mayor's Hotline call was received on this issue. Mayor pro tern Slater asked what the process would be if Council were to consider the request. The City Attorney indicated that a fee would be required before the parking permit application is processed; the request would be to have the fee reimbursed; and the PAGE 1 CITY COUNCIL MINUTES August 11, 1998 2. PUBLIC COMMENTS (Continued) Council would have to authorize the fee waiver. Mayor Coontz noted the issue of parking for the Chapman University students has come up before and there needs to be further discussion with Chapman University. It is hoped the parking permit could be included with the tuition. At the suggestion of Councilman Murphy, Mayor pro tern Slater asked that this issue be agendized for the September 8th Council meeting. Carole Walters, (address on file), asked if the remodeling of City Hall went out to bid? Where are the permits? How was the asbestos removed? How was it taken out? Were the employees and residents safe at the time it was removed? The City Manager responded the City is not required to pull permits for its own structures. A report is being prepared which will be provided to Council in Executive Session regarding the bidding. Norm Phillips, 348 Redwood, spoke regarding the cable franchise fee. He requested an answer to his question relative to rescinding or lowering the 5% tax paid to Time Warner. Mr. Phillips asked for a calendar that indicates City Hall Friday closures. Mayor Coontz responded at the July 28th Council meeting it was requested that Council be provided with a copy of a recent press release which explained the cable fees. She requested the report be agendized for the August 25th Council meeting. The City Manager responded the calendar of Friday closures is now available and will be more widely disbursed. Pelayo Pelayo, representing Danny Kaye's in Orange, 1096 N. Main Street, and a representative from Paul's, 207 W. Chapman, requested the enforcement of the smoking ban in the City of Orange be agendized. Other establishments do not follow the law and have an unfair advantage. The City Manager responded this is a Department of Health Services issue. The Police Department has an operational procedure to follow when complaints are received. Mayor Coontz suggested sending information to the establishments advising them that the Police Department will respond to complaints received. The City Manager indicated he would discuss this with Interim Police Chief Romero. Mayor pro tern Slater asked that a letter be sent to the Department of Health and Human Services to make them aware of the lack of compliance problem in the City and suggested the Police Department bicycle team be made aware of the problem. (C2500.K) 3.CONSENT CALENDAR Tape 1055 3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of August 11, 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.PAGE CITY COUNCIL MINUTES August 11, 1998 3. CONSENT CALENDAR (Continued) 3.2 Request Council Confirmation of warrant registers dated July 23, July 28, and July 30,1998. ACTION:Approved. 3.3 Request approval of City Council Minutes, Regular Meeting, July 28, 1998. ACTION:Approved. 3.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION:Approved. AGREEMENTS 3.5 Serrano Avenue Maintenance Agreement. (A2100.0 AGR- 3088)SUMMARY: The Mabury Ranch Homeowners Association has requested enhanced landscape installation in the newly installed median on Serrano Avenue between Cannon Street and Orange Park Boulevard. This agreement will require the Mabury Ranch Homeowners Association to maintain the enhanced landscape improvements except for the median trees which will be maintained by the City.ACTION: Authorized the Mayor and City Clerk to execute agreement on behalf of the City.FISCAL IMP ACT: This agreement will require the Mabury Ranch Homeowners Association to pay all costs of maintaining the enhanced landscaping. The median trees will be maintained as part of the City's regular tree trimming program.3.6 Professional Services Agreement with AKM Consulting Engineers for the preparation of plans, specifications, and estimates for the construction of Water Reservoir No. lOA. (A2100.0 AGR-3087)SUMMARY: The Water Division of the Public Works Department has reviewed proposals for Design Engineering Services from four engineering firms. This future reservoir is located in Serrano Heights, east of Cannon Street and north of the proposed extension of Serrano Avenue.ACTION: Approved agreement with AKM Consulting Engineers in the amount of 38,616 for the preparation of plans, specifications, and estimates for the construction of Reservoir No. lOA, and authorized the Mayor and City Clerk to execute on behalf of the City. CITY COUNCIL MINUTES August 11, 1998 3. CONSENT CALENDAR (Continued) FISCAL IMPACT: Engineering for Water Reservoir No. lOA is funded in 1998- 99 Budget Account No. 601-8041-484201-8318, Reservoir lOA, $60,000. REMOVED AND HEARD SEPARATELY)3.7 Hinderliter, de Llamas and Associates (HdL) to provide Business License software and Sales Tax Audit and Information Services. (A2100.0 AGR-3086)NOTE: Councilman Murphy abstained on this item due to a potential conflict with his employment.SUMMARY: The Finance Department solicited proposals from software firms to replace the existing 15-year-old Business License system that is not Year 2000 compliant. The software evaluation performed by the Finance Department and BRC determined that the software proposal submitted by Hinderliter, de Llamas and Associates by far surpassed other proposals. A key feature of the software is to enable city staff to integrate sales tax information with business tax data. In analyzing the City' s options in the area, it was determined that it would reduce its existing auditing costs by also contracting with HdL for sales tax auditing services.FISCAL IMP ACT: Funds in the amount of $ 30,000 are currently budgeted in Account No. 100-1221-426700 for the software procurement. Adequate funds for sales tax auditing are available in Account No. 1 00-2151 00.MOTION - Spurgeon SECOND - Slater AYES - Slater, Mayor Coontz, Spurgeon, Alvarez ABSTAIN-Murphy Approved an agreement with HdL to provide business license software services in the amount of $22,550; approved an agreement with HdL to provide sales tax consulting services; authorized Mayor and City Clerk to execute agreements on behalf of the City;and adopted Resolution No. 8988 - A Resolution of the City Council of the City of Orange authorizing the examination of Sales and Business Tax Records. BIDS REMOVED AND HEARD SEP ARATEL Y)3.8 Approve plans and specifications and authorize advertising for bids for Chapman Avenue widening, south side from 5S Freeway to Yorba Street. (S4000.S.7)SUMMARY: Plans and specifications have been completed for Chapman Avenue widening, south side from 55 Freeway to Yorba Street and Chapman Avenue Bus Bay -south side east of Yorba Street. The project is ready to be advertised for bids. The estimated construction CITY COUNCIL MINUTES August 11, 1998 3. CONSENT CALENDAR (Continued) FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and available in the following account: 500-5011-483300-3023 $190, 000 (Orange County Transportation Authority).Discussion: Mayor pro tem Slater requested staff consider the installation of street trees in the parkway areas, ifit would not jeopardize the project. The Director of Public Works indicated the area will be reviewed to determine if there is sufficient space, but doubts that it would be feasible because of the restricted sidewalk width due to the proximity of the edge of the landfill. Trees planted behind the sidewalk would be over the landfill and have limited potential for long term survival. Approximately 10-12 feet of widening will take place. MOTION- Slater SECOND- Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Approved plans and specifications and authorized advertising bids for Chapman Avenue widening, south side from 55 Freeway to Yorba Street.CONTRACTS 3.9 Contract - Bid No. 978-53; SP-3221; Various CDBG Construction Projects.A2100.0 AGR-3085)SUMMARY: This project will provide reconstruction of the following streets: Adams Avenue (from Tustin Street to 1000' east), Wayfield Street ( from Walnut Avenue to Palm Avenue), Mount Vernon Avenue (from Wayfield Street to 150' e!o Park Lane), Park Lane (from Mount Vernon to Sycamore Avenue), Martha Avenue (from Park Lane to 300' east), Emerald Drive (from Cherry Avenue to Walnut Avenue).ACTION: Approved contract in the amount of $469,068. 15 with All American Asphalt and authorized the Mayor and City Clerk to execute on behalf of the City.FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and available in the following account: 310-9645- 483300-1821 $557,829 (Community Development Block Grant).REMOVED AND HEARD SEP ARATEL Y)3.10 Contract - Bid No. 978-52; Street lighting modifications in the Old Towne area.A2100.0 AGR-3084)NOTE: Mayor pro tern Slater abstained on this item due to a property interest that would be impacted by the project. Councilman Alvarez abstained due to a property CITY COUNCIL MINUTES August 11, 1998 3. CONSENT CALENDAR (Continued) SUMMARY: Three street lighting improvement projects in the northeast and northwest quadrants of Old Towne and the intersection of Chapman/Center will improve the lighting and safety in the project areas. FISCAL IMP ACT: With the requested allocation of funds, there will be sufficient funds to pay for the construction contract and the equipment purchase for all three projects as depicted in "Exhibit A" attached to the staff report. Discussion: Carole Walters, (address on file), commented that for safety reasons there needs to be street lights at Center and Walnut. The Director of Public Works explained that intersection safety lighting is a high priority. The intersection of Center and Walnut will be considered in future funding. MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Mayor Coontz, Spurgeon ABST AIN- Slater, Alvarez Move to accept the bid submitted by High-Light Electric in the amount of $284,800.00 and reject all other bids.MOTION - Spurgeon SECOND - Mayor Coontz AYES - Murphy, Mayor Coontz, Spurgeon ABSTAIN- Slater, Alvarez Moved to authorize the Mayor and City Clerk to execute the contract on behalf of the City, pending approval of street lighting fixtures by the State's Historic Preservation Officer.MOTION - Spurgeon SECOND - Mayor Coontz AYES - Murphy, Mayor Coontz, Spurgeon ABSTAIN- Slater, Alvarez Moved to appropriate $65,000 from unappropriated reserves in 284 Fund (TSIP Area B)into a new account number 284-5032-483100- 1818 (Street Lighting in the Northwest Area of Old Towne).PAGE 6 CITY COUNCIL MINUTES August 11, 1998 3. CONSENT CALENDAR (Continued) 3.11 Contract - Bid No. 978-54; Project D-128; Sacramento Street Storm Drain Improvement. (A2100.0 AGR-3083)SUMMARY: This project is Phase II of the Milford Street Storm Drain which, when constructed, will minimize storm water east of the Route 55 Freeway from cascading westerly across town. This project is in conformance with the Master Plan of Drainage adopted by the City Council on March 25, 1997. The storm drain will be on Sacramento Street from Walnut Avenue to Collins Avenue.The bid opening was held on July 15, 1998. Five formal bids were received for this project ranging from $1,375,673.00 to $2,397,783.00. Paulus Engineering, Inc. was the apparent low bidder.Paulus Engineering, Inc. has claimed two mistakes in their submittal and requested withdrawal from consideration for award of the contract. Their request does not meet the requirements of the State Public Contract Code that allows relief of bidders.ACTION: 1) Denied Paulus Engineering's request to withdraw its bid; 2) accepted Bid No. 978-54 in the amount of $1,375,673.00 from Paulus Engineering, Inc., 2871 E.Coronado Street, Anaheim, CA 90630 and authorized the Mayor and City Clerk to execute the contract; and 3) transferred $320,000 from account number 530-5011-483400-5336 to account number 530-5011-483400-3433 for Sacramento Street Storm Drain construction cost, engineering contract administration cost, and contingencies.FISCAL IMP ACT: Funds are budgeted in the Capital Improvement Program and are available in the following accounts: 530-5011-483300-3433 $1,190,622 ( Drainage District Fund), 530-5011-483400-3433 $320,000 (Drainage District Fund - Transfer from Account 530-5011-483400-5336 - St. James Avenue - Santiago to Orange-Olive Storm Drain). 3.12 Contract Change Order No.1 for Bid No. 978-24, Project No. SP-3226, 1997-1998 ADA Wheelchair Access Ramps, Various Locations. (A2100.0 AGR-3002)SUMMARY: This Final Contract Change Order authorizes payment for the increase in the quantities of sidewalk, curb and gutterremoval and construction of access ramps beyond the original scope of work. The total contract cost is $ 99,176.48.ACTION: Approved final Contract Change Order in the amount of $12,241.28 to C. J.Construction, Inc. for the additional quantities at contract unit prices.FISCAL IMP ACT: CITY COUNCIL MINUTES August 11, 1998 3. CONSENT CALENDAR (Continued) 3.13 Contract Change Order No.2 for Bid No. 978-28, Project No. SP- 3219, 1997-1998 Street Maintenance Project, Main Street and Orangewood Avenue. ( A2100. 0 AGR-3000)SUMMARY: This Contract Change Order will authorize payment for increases in the final as-built quantities resulting from a substantial increase in the removal and replacement of damaged pavement caused by an unusual amount of inclement weather.ACTION: Approved Contract Change Order in the amount of $8, 088.67 to Calmex Engineering Inc. for the additional quantities at contract unit prices.FISCAL IMPACT: Funds are budgeted in the following accounts: 272-5021-483300-4027 $4,044.33 (Gas Tax), 272-5021- 483300-4028 $4,044.34 (Gas Tax). Total funds available for the project are $8,088.67.3.14 Concurrence with the County of Orange Public Facilities and Resources Department in award of seismic retrofit contract for three City bridges. (S4000.S.7)SUMMARY: The County of Orange has received bids and is requesting City's concurrence with bid results and award of the contract to the low bidder for seismic retrofit construction of the three bridges over the Santa Ana River at Garden Grove Blvd.,Orangewood Avenue and Ball Road (Taft Avenue) for this work. The City executed City-County Agreement No. D97-073, on August 19, 1997.ACTION: Approved concurrence with the County's bid results and award of the construction contract for seismic retrofit of the three bridges over the Santa Ana River at Garden Grove Blvd., Orangewood Avenue and Ball Road (Taft Avenue).FISCAL IMPACT: No known impact on budget at this time. Project costs are paid for through a State (11. 43%) and Federal (88.53%) funding program for seismic retrofit of local bridges. The County Engineer's estimate for this project is $733, 718.00 for construction and $73,500. 00 for construction management.3.15 CLAIMS FOR DAMAGES: ( C3200.0)a. Dixie Lee b. John Monteleone FISCAL IMPACT: None.ACTION: Denied claims CITY COUNCIL MINUTES August 11, 1998 3. CONSENT CALENDAR (Continued) RESOLUTIONS 3.16 RESOLUTION NO. 8991 A Resolution of the City Council of the City of Orange upholding the recommendation of the Planning Commission of the City of Orange and granting an accessory second housing unit upon property located at 904 East Rose Avenue. (C3300.0 CUP- 2196-97) ACTION: Approved. UNCOLLECTIBLE RECEIVABLES REMOVED AND HEARD SEP ARATEL Y)3.17 Write-off of uncollectible receivables. (C2500J.1)SUMMARY: As part of closing the Fiscal Year's financial records, Council annually approves the write-off of individual uncollectible receivables in excess of $75.00.FISCAL IMP ACT: There will be no impact on the budget. Revenue estimates take into account projections for uncollectible receivables.Discussion: Barbara DeNiro, (address on file), asked why there are no Fire Department and paramedic write-offs. Is accounting available for a comparison from past years?She requested to see some comparisons. The Finance Director explained an outside service now handles the paramedic billing operation. Money received by the City from Whitman Billing Services is recorded as a revenue and not a receivable. A more detailed explanation was provided in the staff report presented to Council last year. The City Manager indicated the next Paramedic Program report is anticipated in November or December. There has been an up to 84% collection rate for paramedic fees. Privatizing the collection service has been found to be cheaper and more productive than having City staff to it.MOTION- Spurgeon SECOND- Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Authorized the cessation of formal collection efforts and approve the write-off of accounts receivable as follows: Utility Bills $27,617.25/ General Receivables $ 4,439.56. MOTION- Slater SECOND- Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, CITY COUNCIL MINUTES August 11, 1998 3. CONSENT CALENDAR (Continued) Item Nos. 3.7, 3.8, 3.10, and 3.17 were removed and heard separately. Councilman Murphy abstained on Item No. 3.7. Mayor pro tern Slater and Councilman Alvarez abstained on Item No. 3.10. END OF CONSENT CALENDAR 4.REPORTS FROM MAYOR COONTZ Tape 1475 4.1 Update on CalTrans sign age for Old Towne Orange. Mayor Coontz reported that the State is developing a new policy that will allow Old Towne Orange and other historic downtowns throughout the State to receive freeway signage to direct visitors to their communities. The decision was that the signage would be placed on the 22 Freeway. A formal Resolution will come before Council at the August 25th meeting. 4.2 Status of the Trash Investigation and typical questions from the community. C2500.M.1) Tape 1581 Mayor Coontz: "I hope this series of questions and answers will help clear the air on a number of issues. We should not be surprised at the confusion, conjecture and misinformation that surrounds the trash investigation. I decided to do my best to set the record straight after a brief conversation with a leader in another city, who said, Why, that's what I read in the paper! He may have misread it, but then, perhaps the information might have been wrong." Question: What is the City doing? Answer: The City has taken a number of steps to protect its interests and to identify all possible losses. 1. The City hired a forensic accountant, a specialist in fraud, who has been working with the District Attorney for the past year. 2. Three Orange police officers, highly experienced in fraud investigation, have also been working full-time on the investigation for nearly a year.3. We required ORRS, our recycling contractor, to deposit $1 million in an escrow account to satisfy any losses to the City by fraud. ORRS has additionally credited the City with approximately $500,000 believed to have been misappropriated.4. The District Attorney is working to secure property and cash to satisfy any money which may be due to the City, recently taking possession of$l million from Jeff Hambarian.5. The City has hired consultants to review the trash service and recycling operations in order to prepare a request for competitive bids for trash services.6. The City has been negotiating with ORRS' attorneys for return of all funds due the City and to resolve outstanding contract issues.PAGE CITY COUNCIL MINUTES August 11, 1998 4. REPORTS FROM MAYOR COONTZ (Continued) Question: Answer: Will the City terminate the contract? There are two contracts; one for trash pick-up and one for recycling.1. The only known fraud occurred in the recycling contract.2. When the alleged fraud was first uncovered, it was decided to await the outcome of the criminal investigation.3. The investigation has taken longer than anticipated, so we are reviewing the contract termination issues.4. If the City decides to terminate the recycling contract, it needs to ensure that it has another contractor in place to provide good service. Question: Answer:Why did the City never competitively bid the contract?1. Most likely because through all the years the rates were among the lowest in the County,the service was good and Orange Disposal Services was in compliance with its contract to the best of our knowledge.2. However, before entering into the Orange recycling contract in 1994, quotes for recycling services were solicited from other contractors, but they were not competitive with the ORRS proposal. Outside quotes in 1992-93 were about $40 a ton to process trash through the recycling center, whereas ORRS proposed a rate of $34 a ton with an expectation that it would go down.Question: Is the $1 Million in the escrow account sufficient to cover all the City' s possible ORRS' fraud losses?Answer: The amount lost is still being investigated by the District Attorney, however, the City Attorney has asked the District Attorney to let us know if additional funds are needed.Question: Why is the investigation taking so long?Answer: The investigators have had to supoena and review hundreds of thousands of pages of documents from banks and others. Banks have been slow in responding and non-responsive at times which extends the investigation.Question:Answer:Is the City buying the recycling center for the Hambarians?1. No. That is not the contractual agreement.2. The City agreed that ORRS could directly pass through the cost of the recycling center as part of the contract. All trash recyclers pass on the costs of their recycling centers to ratepayers.3. In exchange, ORRS agreed that the revenue from the sales of recyclables would go back to the City.4. In every year of operation so far, the revenue from the sale of recyclables has been more than the annual cost to the City for the recycling center. The revenue is credited to the City to keep rates CITY COUNCIL MINUTES August 11, 1998 4. REPORTS FROM MAYOR COONTZ (Continued) 5. At the end of 10 years the loan costs go away, but the City will continue to receive revenue from the sale of recyclables. I know that I have not answered all the questions that the public may have, but these are some of the main areas of interest. This has been a lengthy pursuit by the District Attorney, however, we have confidence that a thorough investigation is being done. Carole Walters, (address on file), commented that the City's Police Chief and a Lieutenant were lost, which will cost the City money. Why didn't Council ask for reports? The City Attorney explained the City does not receive the audit until after a full year of operations. The misappropriation was caught during the second audit year of the recycling contract and was turned over to the Police and the District Attorney's office. COUNCILMAN ALVAREZ expressed dissatisfaction that some of the information in the report had never been provided to him. He indicated he was surprised this information was coming out in this form as opposed to the Council being briefed in Closed Session. It was suggested that the City Attorney provide Council with copies of the same information so that that Council doesn't learn the information at different times. THE CITY ATTORNEY explained that he assisted the Mayor in writing the report. He indicated he thought the entire Council had been informed about most of the issues. Most of this information has come from the District Attorney's office, which is the extent that he could vouch for its credibility." MAYOR COONTZ responded the questions that were formed were the kind of questions that people have asked, indicating the City Attorney and Public Works Director checked this information for accuracy. The questions are general, the answers are simple, and things that should be known. The report was a simple desire to have questions and answers for the public. IN RESPONSE TO COUNCILMAN SLATER'S QUESTION relative to the City buying the recycling center from the Hambarians, the City Attorney clarified the taxpayer's are paying off the loan with the fee that was added to the bill. COUNCILMAN ALvAREz asked if the taxpayers have a vested interest in the facility? The City Attorney responded under the contract, the City has agreed to assess a fee sufficient to payoff the annual cost of the loan. The City is not directly obligated on the loan. Once the contract is terminated, that obligation is extinguished. Both ORRS and Sam and Alyce Hambarian have personally pledged to payoff the loan. PAGE 12 CITY COUNCIL MINUTES August 11, 1998 5.REPORTS FROM COUNCILMEMBERS Tape No. 2273 5.1 Mayor pro tem Slater - Request Council consider a building moratorium on the south side of Culver between Shaffer and Cambridge Streets.Mayor pro tem Slater reported the proposed moratorium is not intended to in any way affect or target the application that is currently being processed for the Zehner property. The Zehner's have spent $30,000 in trying to move their application through the process and it has taken an inordinate amount of staff, Planning Commission, Design Review Board, and Council time. The Council has expressed a concern for the need to look at this block and consider some changes.The block was changed to R-2 zoning a number of years ago. He would not want to see another applicant have to go through the process the Zehner's have had to go through. If it is the intent of the Council to make no changes on this block, then there is no need to consider the interim Ordinance. If there are any changes to be made, this would give Council a pause to thoroughly explore what the changes might be before any more applications are submitted. The interim Ordinance would be for 45 days and extended if necessary. The interim ordinance should not affect anyone on the block that wants to submit an application to add on to their house or build a secondary unit, which was the original intent of rezoning the block to R- 2.Staff is returning to Council at the August 25th meeting with proposals for this block. It was proposed the moratorium be presented to Council at the September 8th meeting. His fear is if this is dragged on, and another applicant comes in, there will be the same frustration and time spent that was spent on the Zehner project. He proposed a motion to include his suggestions.The Community Development Services Manager clarified that the south side of Culver Street is unique in Old Towne in terms of the size of the R-2-6 properties. Most other R-2-6 properties are either developed or 6,000 square foot lots. In this situation, the lots range from 18,000-20,000 square feet to approximately an acre and the project size has greater potential.SPEAKING IN OPPOSITION:Ralph Zehner, 630 E. Culver Avenue, applications currently going through the process Ken Brimlow, 652 E. Culver Avenue Mike Keller, 632 E. Culver Avenue Carole Walters, (address on file)Carl Harnack, 546 E. Culver Avenue Eileen Hertfelder, 720 E. Culver Avenue Linda Keller, 632 E. Culver Avenue Daniel Brimlow, 652 E. Culver Avenue Corrine Schreck, 446 N. James Reasons for Opposition: Compatibility with Old Towne is issue, but no one knows what Old Towne is; bulk and mass; property was legally rezoned in 1993; a moratorium poses an immediate threat; lack of notification; property rights being taken away; and this block should not CITY COUNCIL MINUTES August 11, 1998 5. REPORTS FROM COUNCILMEMBERS (Continued) SPEAKING IN FAVOR: Martha Phelan, 375 S. Pine Street, submitted petition with 233 signatures Connie Strubel, 390 S. Pine Street Patty Ricci, 618 E. Culver Avenue Mattie Link, 801 E. Culver Avenue Shannon Tucker, 556 E. Culver Avenue, wrote letter dated July 2nd requesting the moratorium Reasons for support: Neighborhood compatibility; affect of bulk and mass on the neighborhood; historic architectural context; negative impact with neighbors; type of development. SPEAKING IN NEUTRAL POSITION: Barbara DeNiro, (address on file) Mayor pro tem Slater commented the proposed moratorium was strictly to say if it is the Council's intent to make some kind of change on this block, a 45 day pause would allow time to let the process run its course before more applications are presented, and staff having to waste inordinate amounts of time trying to deal with them. It is not about changing the zoning tonight. A moratorium would be in place until Council decides what they want for the block. The moratorium would prevent more apartments from being built in Old Towne. There is a property for sale on this block which is being promoted as being for units. It would be misleading to someone interested in purchasing the property if the City Council has another goal in mind. The moratorium would not prohibit someone from building onto their property currently or adding another house on to the back of their property. COUNCIL COMMENTS Councilman Murphy spoke in opposition to the moratorium. He believes a moratorium would cause an acceleration of applications from residents on South Culver. Moratoriums are for current and immediate threat to public health, safety, or welfare. He favors an expeditious process for a solution without having a moratorium in place. Councilman Alvarez expressed concern with the notification process. It was suggested that a 1,000 foot radius be notified, rather than the required 300 foot radius. The neighborhood should have a direct impact on determining what the zoning should be. Mayor Coontz commented the reason the Council has gotten into this issue is the confusion of the zoning ordinance in relationship to the Old Towne Design Guidelines. Staff will be presenting a report to Council at the August 25th meeting. A quicker solution to this problem, possibly an overlay zone, would be a better effort than going through the moratorium. Councilman Spurgeon commented he could not support a moratorium at this time. PAGE 14 CITY COUNCIL MINUTES August 11, 1998 5. REPORTS FROM COUNCILMEMBERS (Continued) In response to Council, the Community Development Services Manager explained the report that will be presented to Council at the August 25th meeting will analyze the options heard by Council at the June meeting, evaluate the alternatives for South Culver, and make recommendations for Council's consideration. Mayor pro tem Slater commented a moratorium is an effective tool that cities can use if they feel a change needs to be made. He indicated he was not on the City Council when they voted to rezone South Culver, but was merely trying to come up with solutions to try to resolve the issue. Too much time has already been spent. Mayor pro tern Slater withdrew his request in hopes that some other solution can be found. It is hoped that another application for apartment buildings on South Culver doesn't happen before a decision is made. THE CITY COUNCIL RECESSED AT 6:50 P.M. AND RECONVENED AT 7:02 P. M. COUNCIL CONCURRED TO COMMENCE WITH PUBLIC COMMENTS AT THE 7:00 P.M. SESSION. 5.2 Councilman Alvarez - Issues relating to trash investigation.Tape 3272 Councilman Alvarez requested the following comments for the record:1. Asked for a follow up on the fingerprint investigation handed over to the City Attorney on the final disposition?The City Attorney read from a letter he sent to the District Attorney, "As you might recall at a City Council meeting, both the City Manager and the City Council members offered to make their finger prints available and requested that I oversee an administrative investigation to see if it could be determined who leaked the affidavit that was reported in the Times. Initially we only required Mr. Rudat to provide us prints since we knew Mr. Rudat handled it because that was his copy. The City's fingerprint expert, Police Officer Trisha Sharkey, compared the prints of Mr.Rudat' s to those he had previously fumed and photographed. On March 23, 1998, I received a memorandum from Officer Sharkey stating that the two latent prints he had made, i.e., the ones he had photographed from the affidavit, both belong to Mr. Rudat. One being Mr. Rudat's left thumb print and the other his right thumb print. On April 2, 1998, a sealed envelope containing Mr. Rudat's copy of the affidavit and eight photos of prints from the affidavit were opened.Present were myself, Officer Sharkey, Captain Robert Gustafson and Interim Police Chief Dean Richards. Officer Sharkey handled the affidavit with gloves. In reviewing the remaining prints,Officer Sharkey was of the opinion that there were only a few partials which could possibly be reviewed and that she believed it would be difficult to determine if they were from a palm or a finger or some other digit. She was not optimistic that she would be able to determine whether or not they belong to Mr. Rudat or to someone else. Thus, the conclusion of Officer Sharkey was that the only legible prints on Mr. Rudat's copy of the affidavit were in fact Mr. Rudat's prints."PAGE 15 CITY COUNCIL MINUTES August 11, 1998 5. REPORTS FROM COUNCILMEMBERS (Continued) The City Attorney concluded they do not plan on taking the investigation any further. The document has been sealed and booked into evidence under the original ORRS investigative number. He communicated to Guy Ormes and copied to Mike Capazzi that if the District Attorney's Office has any recommendations, requests, or any interest in pursuing the investigation, that the evidence would be kept preserved. As of yet he has had no contact. Councilman Alvarez asked the City Attorney to review the procedures of taking custody of a document of that type. The City Attorney explained the day the article was printed in the L..A. Times, Mr. Rudat contacted the Police Department and asked them to come down and retrieve his copy. Mr. Rudat gave his copy to Lieutenant Tunstall and signed an affidavit saying he had not shown it to anyone. At that point in time the Police Department was in complete control of the affidavit in the hands of Lieutenant Tunstall and only Lieutenant Tunstall would be able to testify as to what his procedures were from that point on. The Police Chief and District Attorney had copies of the affidavit. The City Manager indicated the affidavit was sealed by Trish Sharkey, kept in her possession, and then turned into evidence. The City Attorney remarked the District Attorney is not undertaking any investigation as to the leak of the affidavit. The District Attorney's position is that no criminal actions occurred. The Police Investigators have stated the news article did not hinder the investigation in any way. Councilman Alvarez asked the City Manager for a report from the City employees who are overseeing the operation at ORRS, which would include their job duties and observations, especially since the fire which occurred last week. The City Manager indicated an update can be provided to Council. Reports are provided to the Director of Public Works and forwarded on to the City Manager that show the employees are spot checking particular areas; that the controls are still there. The Police Department notified the District Attorney's Office regarding the fire and they did send out investigators to follow up on that issue. The fire was determined accidental. Councilman Alvarez asked if a similar report, like a management audit, would be produced indicating what was going on at City Hall, to understand if there were breakdowns in communication. It would also raise the issue of how the City staff could be dealing with trying to account for things when the record keeping was so poor. The City Manager reported the Management Audit underway at this time is a generalized operational procedural review. This might reveal some more in-depth review that is needed. The City did not receive all the documentation from the independent auditor that was pertinent and PAGE CITY COUNCIL MINUTES August 11, 1998 5. REPORTS FROM COUNCILMEMBERS (Continued) would help the City to understand there were severe problems. Staff did discover contractual disputes that needed to be negotiated and worked out. Councilman Alvarez indicated he is trying to understand how this happened. Concern was expressed that a long period oftime went by. Why didn't City staff go to the City Manager and indicate the records are poor? Why didn't what was being received raise red flags? The City Manager explained that staff had a mindset; there were issues they were trying to address. No one thought there was any attempt to defraud the City. There were contractual disputes and delays in getting the City the reports because they had been granted extensions. ORRS was a start-up company. Orange Disposal had been doing business with the City for years. ORRS was a new company with a different operation. It was anticipated there would be some corporate difficulties and perhaps delays. City staff thought they were on top of those issues. As the Management Audit progresses, areas may be discovered where the level of information was not received, that may have indicated a particular problem that would have needed to be addressed immediately.Councilman Alvarez asked about the City Manager's conflict and how it is to be resolved? The public needs to be assured that everything Council is doing is unbiased and trying to do what is best for the community.The City Manager explained he is waiting impatiently for the District Attorney's final decision regarding the conflict. In his attempt to manage the issues in a very fair, objective, and professional manner, he would have no problem if Council desired to have other peer review.The conflicts occurred during a particular time period. On issues of law, the City's Gift Ban Ordinance, he took great pains that it was not violated, because he knew about it.. One of the things he participated in recommending was taking trash to the BKK landfill should come before Council. That was one of the decisions. In his mind the Council would make that decision, but he touched it. When the Public Works Director sent papers over to him with recommendations,he concurred. In the City Attorney's unbiased review of this, he indicated where his wife had sold Jeff Hambarian's previous residence, she had the listing for two plus years, long before he was City Manager. It coincidentally sold after he became Interim City Manager. Taking the post of Interim was truly to be a temporary situation. The issue the District Attorney and FPPC will decide is whether he violated the FPPC rules on conflict. The District Attorney is examining it to see if the level ofthe conflicts rise to a civil matter, misdemeanor or some criminal act.Councilman Alvarez expressed concern that as the City proceeds from this day forward, that Orange Disposal will look back and say they were warned here and they continued to allow things to happen. It is a leverage for them that he is concerned with.PAGE CITY COUNCIL MINUTES August 11, 1998 5. REPORTS FROM COUNCILMEMBERS (Continued) The City Attorney commented any legal conflict ended November 1996. The source of income via his wife was Jeff Hambarian. Jeff Hambarian is no longer with the company so he will not be impacted in any way by these decisions. 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS Tape 4381 6.1 Accept letter of resignation from Dorothy (Jo) Gibson dated July 21, 1998 resigning from the City Traffic Commission. Instruct the City Clerk to advertise according to Maddy Act requirements. (OR1800.0.19) MOTION- Slater SECOND- Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to accept Mrs. Gibson's resignation with regrets and instructed the City Clerk to advertise according to Maddy Act requirements.7. ADMINISTRATIVE REPORTS Tape 4430 7. 1 Report from the Director of Public Works regarding the evaluation of privatizing City street sweeping operations - Bid No. 978-46, City Project No. SS-Ol. (S4000.S.3.1.3) The Director of Public Works reported studies completed on this subject concluded in- house costs were cheaper.Barbara DeNiro, (address on file), asked under what heading is street sweeping listed on the City's utility bill? The Director of Public Works explained once the revised Utility Billing System is on- line the charge would be clearly identified.MOTION - Slater SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to rejected all bids and retain in-house street sweeping services at the current service level; and appropriated $520,000 from Unappropriated Vehicle Replacement Fund 720 to Fund 720- 5023-472102 to acquire and replace 4 broom sweeper units.7.2 Report from the Director of Public Works regarding the selection of traffic/transportation consultant to assist the City in review and evaluation of the Urban Rail Project documents. (T2200.1. 4)Barbara DeNiro, (address on file), asked what the placement was proposed for the urban-rail project area previously discussed in Orange. CITY COUNCIL MINUTES August 11, 1998 7. ADMINISTRATIVE REPORTS (Continued) The City Manager indicated no determination has been made on a permanent route. This subject is the beginning of this study. The alternative routes discussed previously were Main, Culver, LaVeta over the freeways to Chapman and City Dr. looping back to the Stadium, the Pond and heading to Fullerton. MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to select Meyer, Mohaddes Associates, Inc. (MMA) as traffic/transportation consultant;authorize an initial budget of $60,000 for services provided by MMA; and authorize the City Manager to increase the $60,000 contract amount up to the $100,000 limit approved by OCTA for additional scope of work.8.REPORTS FROM CITY MANAGER Tape 3103 8.1 Report on proposed City Telecommunications Policy. (F1100.0)Mayor Coontz gave the following comments regarding telecommunications:1) Minimize the disruption.2) Be sure of the quality of construction and reconstruction - having inspectors review the job throughout construction so there is not a patchwork quilt effect in the street when the job is completed.3) Quality ofrepair work should meet the City standards.4) Have signage so people will know it is not the City continually digging up the streets and to let people know what is happening.RESOLUTION NO. 8993 A Resolution of the City Council of the City of Orange adopting a City Telecommunications Policy.MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Resolution No. 8993 as introduced, be adopted and same was passed and adopted by the preceding vote, and directed staff to prepare a Telecommunications ordinance for future adoption incorporating the comments by Mayor Coontz. PAGE 19 CITY COUNCIL MINUTES August 11, 1998 8. REPORTS FROM CITY MANAGER (Continued) 8.2 Report on assessment of Solid Waste Services - report by Hilton, Farnkopf and Hobson, LLC. (AGR-0119.F.15.PH) The Director of Public Works reported the operational procedures were reasonable; costs for service were reasonable; record keeping procedures were not adequate; maintenance and safety procedures were adequate but written records need to be improved and method for determining trash rates is valid. The MRF is functioning at a reasonable level based on its size and type of equipment; actual costs submitted by ORRS for building the MRF exceeded SCS engineer's estimate by up to $1 million. MRF equipment costs are reasonable; new programs are needed to meet AB939 diversion requirements of 50% by the year 2000. Following analysis of the recommendations of the Hilton Farnkopf & Hobson report, staff has developed the following action plan for implementation: 1) develop rules for major operations i.e. purchasing, maintenance, etc.); 2) document procedures for billing and receiving revenue from customers; 3) improve internal controls by better separation of job duties between employees; and 4) provide written information to trash truck drivers regarding commercial routes. Cost of Service provided by ODS: 1) exclude officers salary and benefits from supervisor payroll; 2) review rent paid to Hambarian Properties; 3) restructure officers salary and benefits; 4) delete business promotions/donations from rates; 5) restrict advertising expense in rates; and 6) revise commercial trash pick-up rates.Record Keeping at ODS/ORRS: 1) use numbered tickets for tracking trash bin pick- ups; 2)further improve ORRS process for issuing cash receipts for recyclables brought to the MRF; 3)develop complaint tracking system; 4) monitor maintenance costs by vehicle; and 5) start process for reporting tonnage of trash received each month and comparing it against tonnage sent to landfills.Maintenance/Safety Procedures - Keep a record of driver safety meetings.Rate Setting Method: 1) require financial audits for ODS/ORRS with "unqualified" audit opinion (no exceptions noted by auditor); 2) establish rates which are lower for customers who recycle; 3) establish a system for promoting efficient method of commercial collection; and 4)develop trash bin rates which are based on actual costs.New Programs Recommended: 1) automate curbside recycling; 2) initiate multi-family recycling for apartments and condo complexes; 3) expand the collection of commercial loads where dry recyclable material is separated from wet materials; 5) start a residential green waste program with separate trash bins for green waste; and 6) initiate a program for collecting and recycling construction and demolition waste.Staff has proposed to meet with ODS/ORRS to implement City Action Plan and request ODS/ORRS to comply with recommendations. City staff to conduct a rate analysis and return to CITY COUNCIL MINUTES August 11, 1998 8. REPORTS FROM CITY MANAGER (Continued) Council with recommended rate adjustments. City staff to initiate Request for Proposal to go out to bid for solid waste services. COUNCIL DISCUSSION: Councilman Alvarez asked if the record keeping was not done properly as outlined in the report; how was the Public Works staff dealing with it? The Public Works Director indicated historically the outside auditor's work had always been relied upon. The auditor annually filed financial statements and a rate analysis for both companies which were reviewed by City staff. Councilman Alvarez asked if evergreen clauses in contracts with waste hauling companies are still included? The Public Works Director commented evergreen clauses are universal and are included in waste contracts. Mayor Coontz asked about the different types of contracts and how much they cost? Laith B. Ezzet, Vice President, Hilton Farnkopf & Hobson, after surveying all cities in Los Angeles and Orange County, found evergreen clauses are much more popular in Orange County. Between 50-60% of the cities in Orange County have the evergreen clause.In terms of the rate adjustment process, the City has the MRF and it is more difficult to use an index from a material recovery facility because the cost can fluctuate with the recycling markets.It is easier to use the index with a collection contract. Options will be discussed when competitive proposals are ready to go out.The following people spoke:Barbara DeNiro, (address on file), asked if there was a proposed rate hike in the report; what is the difference between sanitation services and trash collection on the utility bill; and other concerns.Mayor Coontz asked Ms. DeNiro to submit her questions and concerns to the City Manager for a response.Harry Astor, Counsel for ODS and ORRS, commented the final report was received by his office yesterday afternoon. Mr. Astor requested a continuance giving them time for a complete review.Concern was expressed that after a cursory review and reference to the million dollar allegation,Mr. Astor believed the report is incomplete and there is a discrepancy of $700,000 in connection with equipment expenses.The City Manager remarked the one million dollar distinction is an area of forensic accounting which the City is already paying someone to do in the District Attorney's Office and they will do a thorough examination over the next few weeks.PAGE CITY COUNCIL MINUTES August 11, 1998 8. REPORTS FROM CITY MANAGER (Continued) The City Attorney reported the draft report and final report were the same. Information was faxed to Mr. Astor and there was an opportunity to review it. Carole Walters, (address on file), complained about the recycling bin service fees; and asked if there will be another hearing on this issue. The City Manager commented there are no fees proposed at this meeting. Staff is reviewing a rate review and all components of the Sanitation Fund. It is estimated the report will be to Council the first meeting in September. Councilman Alvarez asked where did the problems lie, specifically; record keeping? Mr. Ezzet commented as a small family run company with informal procedures and if there is no written documentation, it is difficult to have an audit completed. The lack of written procedures can cause problems. MOTION - Spurgeon SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file the final report on Assessment of Solid Waste Services; directed staff to implement the recommendations of the report as appropriate in accordance with the Action Plan for recommendations; directed staff to present a Rate Adjustment Proposal as soon as possible; and directed staff to initiate action to develop a Request For Proposal for Solid Waste Services.9.LEGAL AFFAIRS Tape 5013 9.1 ORDINANCE NO. 11-98 An Ordinance of the City Council of the City of Orange amending the Orange Municipal Code by revising Chapter 5.63 concerning Plaza banners. (A2500.0)MOTION - Spurgeon SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 11- 98 be read by title only and same was passed and adopted by the preceding vote.9.2 ORDINANCE NO. 12-98 An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code relating to Site Plan Review Procedures. (A2500.0)PAGE 22 CITY COUNCIL MINUTES August 11, 1998 9. LEGAL AFFAIRS (Continued) MOTION - Mayor Coontz SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 12-98 be read by title only and same was set for second reading by the preceding vote.9.3 ORDINANCE NO. 13-98 An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange Municipal relating to Fencing, Roof Mounted Equipment, Paving of Front Yard Areas In Residential District, Rock Crushing Equipment and Accessory Structures. (A2500.0)MOTION - Slater SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 13-98 be read by title only and same was set for second reading by the preceding vote. 10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed at 10:30 p.m. to a Closed Session for the following purposes:NOTE: The City Council added the following urgent item to Closed Session: The City Attorney explained the reason it was not on the Agenda is that the terms of the settlement were hammered out after the posting of the Agenda.MOTION - Murphy SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to add a case under potential litigation.a. Conference with real property negotiator regarding the sale of real property pursuant to Government Code Section 54956.8: Property: comer of La Veta Avenue and Orange Street 492 S. Orange Street, Orange, California); Negotiating Parties: City of Orange.PAGE 23 CITY COUNCIL MINUTES August 11, 1998 11. RECESS TO CLOSED SESSION (Continued) b. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation. Old Towne Preservation Association v. City of Orange, et aI., Orange County Superior Court Case No. 79 64 35. City of Orange vs. KPMG Peat Marwick, Orange County Superior Court Case No. 772237.c. Conference with Legal Counsel - anticipated litigation. Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (twopotential cases). Contract with ORRS d. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiator: Personnel Director Steven Pham; Employee Organization: Police Association 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.PUBLIC COMMENTS Tape 4830 Barbara DeNiro, ( address on file), expressed concern that the area west of the 55 Freeway not become a concrete jungle with no added open space and that high density housing not continue in the area. Schools and neighborhoods suffer as a result of these actions in the past, and requested a map of the location of high-density apartment complexes and housing in the area; and commented on OTPA having exclusive control of Old Towne. The City Manager indicated he would have the Community Development and Economic Development Department's provide Ms. DeNiro with the information requested.Carole Walters, (address on file), commented on the Mills Act Program, the Historic Register,and concerns with Old Towne. She announced OUSD will be meeting on August 12th at 5 p.m.to discuss the Mills Act Program.13. PUBLIC HEARINGS Tape 4830 13. 1 GENERAL PLAN AMENDMENT 1-98 (Circulation Element); CONDITIONAL USE PERMIT 2199-98, VARIANCE 2040-98, MITIGATED NEGATIVE DECLARATION 1542-98, CIRCUITCITY STORES, INC.!CARMAX:Time set for a public hearing on petition by CircuitCity Stores, Inc.lCarmax to consider General Plan Amendment 1-98 a request to eliminate a planned primary arterial highway segment Walnut Avenue), from the Circulation Element and Master Plan of Streets and Highways;Conditional Use Permit 2199-98 to develop an automotive sales facility (including a 73,350 square foot showroom, sales and service building, car wash building, outdoor storage areas,customer and employee parking in an industrial zone); and Variance 2040-98 to allow a free standing sign with a display area of approximately 260 square feet and a height CITY COUNCIL MINUTES August 11, 1998 13. PUBLIC HEARINGS (Continued) grade. The site is located at 291 N. St. College Blvd. (Orange Drive-In site) adjacent to Interstate 5. (C2300.E GPA-1-98)NOTE: Councilman Murphy abstained from voting on the item due to potential conflict on the basis of employment and left the Council dais.The Planning Manager reported the project consists of an approximately 73,000 square foot sales and service facility which includes service bays for 59 vehicles, a separate car wash facility, two auto staging areas, a sales lot with 861 parking spaces for cars that would be sold, and a large customer/employee parking area. The site is approximately 19 acres in size. Twelve acres are in the City of Orange; seven acres are in the City of Anaheim. Staff from both cities have coordinated review of the development plan and the environmental document. The project is scheduled to go before the Anaheim City Council next week.The request is for a 48 foot freestanding sign with a display area of 260 square feet, which exceeds the City's maximum freestanding sign height limit of 15 feet and display area of 160 square feet. With the exception of the sign variance, the project meets all City development standards. The Planning Commission approved the project at their June 15th meeting subject to 47 conditions of approval. (NewlModified conditions proposed since the June 15th Planning Commission Meeting are on file in the City Clerk's office.)IN RESPONSE TO COUNCIL'S QUESTIONS, the Planning Manager explained this project would not qualify for the new signage that was approved for the Mills Project, which is restricted to properties 25 acres or greater. The City has control over the signage for the property. There is currently no special signage applicable to freeway frontage.MAYOR COONTZ OPENED THE PUBLIC HEARING.Rick Manners, representing Circuit City/CarMax, 680 S. Lemon Avenue, Walnut, explained that CarMax sells primarily used cars. There is a provision for an expansion area which would allow for a new car showroom for Chrysler. The used cars are primarily 5 years old or less; 75,000 miles or less. No balloons, banners, or gorillas would be used, and there would be a no haggle,fixed pricing system. Parts and warranty service that is needed to service the cars is outsourced to local dealerships. CarMax has been up and operational for five years. The site would generate approximately $1 million per year in tax revenue to the City. SPEAKING IN OPPOSITION:Cindy Pelton, 300 N. Rampart, #128 (resident of mobile home park)Bill Selman, President of Selman Chevrolet, 83 Emerald Bay, Laguna Beach Dave Wilson, Toyota of Orange, 1400 N. Tustin Jerry Britain, Nissan of Orange, 1140 W. CITY COUNCIL MINUTES August 11, 1998 13. PUBLIC HEARINGS (Continued) Barry Ross, 1750 E. 4th Street, Suite 500, Santa Ana, attorney representing Selman Chevrolet, Toyota of Orange, Villa Ford, Nissan of Orange, and Ford of Orange. Mr. Ross handed Council a statement dated August 11, 1998 requesting it be made part of the record. (Statement on file in the City Clerk's office.) Brian Butler, President of Villa Ford, 2550 N. Tustin Avenue, (letter read into the record by the City Clerk) CONCERNS EXPRESSED WERE: Late notification of the meeting; noise; traffic; congestion; lights; land use; sign variance; impact on other car dealerships. SPEAKING IN NEUTRAL POSITION: Barbara DeNiro, (address on file), expressed concerns with signage, attractiveness of the project, affect on long-time dealers, parking, traffic, and the tax base. Where is the closest established CarMax? Will Orange end up with taxes mostly from used car sales? Which part of the facility will be in Orange?Carole Walters, (address on file), expressed concern with the notification of the residents in the mobile home park.The Planning Manager explained a mailing was done to property owners within 300 feet of the site and the site was posted as well in conformance with State law. This includes the owner of the mobile home park. He referred to a map depicting which areas of the dealership would be in the City of Orange and those which would be in the City of Anaheim. REBUTTAL:Rick Manners responded a condition requires there be no movement of the cars in the staging area located close to the easterly boundary in the evening hours. The service portion of the building is totally enclosed. The two roll-up doors on the east end are automatically sensored and are closed 90% of the time. The noise would be contained inside the building. There will be no loud speakers on the site. Perimeter lighting fixtures adjacent to a residential-type use will be shielded so that the glare is contained. CarMax would be installing a new 16 inch water line at their cost. The closest established CarMax is located in Texas. This would be the first California store.Ben Cummings, Vice President of Real Estate for Circuit City/ CarMax, Richmond, VA,commented that CarMax will be a good neighbor and spoke regarding other proposed CarMax sites in California. There are currently two Chrysler dealerships in Atlanta, GA. They are in negotiations for other dealerships in California, Texas, and in Washington D. C. Their intention is to have 80-90 CarMax used car facilities and approximately 25 new car franchises within the CITY COUNCIL MINUTES August 11, 1998 13. PUBLIC HEARINGS (Continued) Mayor Coontz asked if CarMax moving into the City of Orange is dependent upon approval of Economic Development assistance? Mr. Cummings responded they would certainly prefer to have some assistance in the form of a sales tax rebate. No approval is being tied to economic assistance. In response to Mayor pro tern Slater, the Planning Manager indicated the Planning Commission made no changes to the applicant's original sign request. Multiple signs are allowed on the frontage because it exceeds 400 feet. Currently there is one monument sign located near the entrance to the project on State College that is within the 15 foot height and 160 square feet of area as required by the Code. They are also allowed a second sign. The applicant requested the second sign because they felt they needed the visibility to successfully market their property. COUNCIL COMMENTS: At the request of Mayor pro tern Slater, the Director of Economic Development reported when CarMax approached the City about the site approximately one year ago, GRC and Associates performed an economic analysis on the land with a high-rise office building, a retail center, and a high-quality hotel. An analysis was done also on the CarMax use. The CarMax use would bring more revenue to the City than any other use they could come up with that would be appropriate for the site. A high-rise building was at one time approved for the site but it did not prove to be economically feasible.Mayor pro tern Slater commented the market has determined at the present time this is the best use for the land. He noted he does not favor high signage, but given the circumstance that the freeway will be 28 feet above ground level, it would an extreme hardship and impractical that the applicant be restricted to a 15 foot sign. The goal is to attract people to the site. He feels the mobile home residents will be protected and a high-rise or hotel would be a much worse impact than CarMax. This project would also generate the most sales tax revenue for the City.Councilman Spurgeon spoke in opposition to the project, indicating there are no hard figures on how much sales tax revenue would be generated. This "platinum triangle" area needs to be a shared vision between the City of Orange and the City of Anaheim with the highest and best use.Councilman Alvarez spoke in opposition, expressing concern with the vision and use of the site,and the car dealerships already in the City of Orange.Mayor Coontz expressed concern with the rapid growth of CarMax and the proposed signage.The future for the area is greater than that of auto use. She indicated she originally proposed the program that was started years ago that would work with the City CITY COUNCIL MINUTES August 11, 1998 13. PUBLIC HEARINGS (Continued) MOTION - Mayor Coontz SECOND - Alvarez AYES - Mayor Coontz, Spurgeon, Alvarez NOES - Slater ABSENT - Murphy Moved to deny Mitigated Negative Declaration 1542-98 as not being an adequate and complete assessment of environmental consequences related to the project.MOTION - Mayor Coontz SECOND - Alvarez AYES - Mayor Coontz, Spurgeon, Alvarez NOES - Slater ABSENT - Murphy Moved to deny General Plan Amendment 1-98 (CE) to the Circulation Element and Master Plan of Streets and Highways as the General Plan Amendment is not in the public interest.MOTION - Mayor Coontz SECOND - Alvarez AYES - Mayor Coontz, Spurgeon, Alvarez NOES - Slater ABSENT - Murphy Moved to deny Conditional Use Permit 2199- 98.Mayor Coontz commented: "That also is a deviation from what I think is our understanding of office uses and other uses in that project area. The elimination of the roadway would prevent us from future development in the area by reducing traffic capacity." Also mentioned was the lack of compatibility with the adjacent mobile home park; the problem with the automotive repair bay storage areas, etc. being so close to the mobile home park; and other areas for the potential build-out of the whole triangle area on both sides of the freeway. MOTION - Mayor Coontz SECOND - Alvarez AYES - Mayor Coontz, Spurgeon, Alvarez NOES - Slater ABSENT - Murphy Moved to deny Variance No. 2040-98.PAGE 28 CITY COUNCIL MINUTES August 11, 1998 13. PUBLIC HEARINGS (Continued) Mayor Coontz stated the denial is for the following reasons: "There are other properties in the immediate area with identical zoning which are equally impacted by the 5 Freeway. We don't know just exactly what is going to happen to those properties in the future when the 5 Freeway is developed. I object to the large sign. I think it starts a precedent that we may not want to follow in the future. Mayor Coontz further stated: "The sign code already provides for additional and taller signs for larger parcels, and the parcel enjoys broad visibility from State College Boulevard and/or the 5 Freeway. An increase in height or display area would amount to a special privilege inconsistent with other limitations upon property in the same zoning vicinity." MOTION - Mayor Coontz SECOND - Slater AYES - Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - Murphy Moved to concentrate on what the future vision for the area should be given the high volume of traffic, the new development that is taking place, and the fact that other entities are progressing and proceeding maybe a little faster than the City of Orange is on the question of vision.MAYOR PRO TEM SLATER - MINUTE ORDER: "I think that the City Council taking a look at this area in terms of what we want it to be zoned and the direction we want it to take is great. I would hope that that would move ahead very quickly too. I definitely think that this property has greater potential that just being zoned industrial. However, I also feel that when a City Council steps out and tries to decide which uses should go where and which businesses should go where,that it impinges on the free market system and it send a message that we are not pro-business,which is a problem that some of our adjacent cities have."THE CITY COUNCIL RECESSED AT 8:27 P.M. AND RECONVENED AT 8:35 P.M. TO ITEM No. 8.2 ON THE AGENDA.14. PLANNING AND ENVIRONMENT - None 15. ADJOURNMENT The City Council adjourned at 11 :50 p.m.1A#~AAJ~~CASSANDRA 1. HCART, CMC CITYCLERKPAGE29