10-13-1998 Council MinutesAPPROVED BY THE CITY COUNCIL ON OCTOBER 27, 1998
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING October 13,1998
The City Council of the City of Orange, California convened on October 13, 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
Reverend Ginny Erwin, Trinity Episcopal Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Coontz
1.3 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.4
PRESENTATIONS! ANNOUNCEMENTS! PROCLAMATIONS Tracy Lester,
representing the Junior Women's Club of Orange, presented a check for 8,000
to the Police Department for a police service dog, to honor the memory of Shirley Sergent, a
long-standing member of the Junior Women's Club.Lisa
Ackerman, President of Downtown Orange Business & Professional Association,presented
a commemorative plaque to the City which was received from the Orange County
Register as "Best Downtown" designation in the annual "Best of Orange County"guide.
Mayor
Coontz announced the City of Orange Rideshare Fair will be held on October 15,1998
from 11:00 a.m. to 2:00 p.m. in the City Hall parking lot, which is open to City employees
and Orange residents.Proclamation -
California Rideshare Week, October 5-9, 1998, Marilyn Olson, Orange county
Account Executive, Southern California Rideshare was not present.URGENT
ITEM MOTION
SECOND
AYES
Murphy
Slater
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved that this
matter arose after the posting of the agenda and there is a need for the City Council to
address the issue immediately.PAGE 1
CITY COUNCIL MINUTES October 13, 1998
1.4 PRESENTATIONS! ANNOUNCEMENTS! PROCLAMATIONS (Continued)
NOTE: Under advice from the City Attorney, Councilman Alvarez stepped down from
the dais as the discussion would be centered on the Plaza project.
Mayor Coontz announced that during the last few days numerous calls have been
received regarding a misleading flier that is being distributed throughout the City on the
Plaza preservation project. At the May 26, 1998 Council meeting, staff was given
direction to research all elements of the Plaza conceptual plan and to establish a
Community Advisory Committee to give Council recommendations on the Park Plaza.
There have been no final decisions on the conceptual plan. Another concern with the
distribution of the flier is the solicitation of funds.
The City Attorney explained door-to-door solicitation of money requires
a business license permit. Regulations also apply to charitable donations. The City will
continue to review if any local ordinances have
been violated.The City Manager reported a press release has been provided to Council and
the press with the correct information. On October 14th, volunteers will disseminate
information to businesses in the downtown area. A press release will also be sent to those that
had called the City
expressing concern.The Director of Community Services noted a successful pilot demonstration
project on traffic circulation and the possibility of curb extensions was held in the
Plaza on September 14-16. Consultants have been working on the civil engineering
aspects of the project, which include the geometric configuration for
parking, grading, drainage elements, and other issues. The community committee for the Park Plaza
has met three times with additional meetings scheduled, which are open to the public.
The committee's purpose is to provide valuable input which will lead to the complete
conceptual plan for Park Plaza. The committee is to only submit recommendations and
input for furniture,street light posts, and possible lighting in some of the trees in the
quadrant areas only.Other aspects of the quadrants were previously approved by Council. The
City's internal staff meets on a continual basis to discuss all aspects of the project. It is
staffs intent to agendize this issue for the November 24, 1998 meeting for approval.
It was further explained the quadrants are the four bricked landscaped areas that buffer
the Plaza. The Park Plaza is traditionally referred to as the Plaza area, or
the circle
CITY COUNCIL MINUTES October 13, 1998
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ PROCLAMATIONS (Continued)
MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that in
an effort to ensure that Council and the community fully understand the proposed changes to
the Plaza, a work study session be held on November 17, 1998 which would give
the public an opportunity to gain information on the project, and ask questions in a
less formal format on the conceptual plan prior to the November 24th Council meeting.Council
discussion ensued
relative to conflicts with the proposed November 17th study session date. The
City Manager explained the goal is to bring a plan before Council on November 24th. He
will meet with staff on October 14th and inform Council in writing whether staff can
achieve an adequate plan for Council's review at a November 4th study session at 5:
00 p.m., with the ability to move forward with the plan at the November 24th meeting.MOTION - Mayor
Coontz
SECOND - Murphy AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon ABSENT - Alvarez Moved to set a
tentative Council Study
Session for November 4, 1998. The City Manager will inform Council of its possibility.
Mayor pro tern Slater commented the message
the public needs to hear is that the Plaza,as we know it, will change very
little. Particularly, the trees that are in the Plaza Park area now are going to remain. If
the November 4th study session cannot be achieved,perhaps the study session could be held
on November 25th with the public hearing on December 8th.2. PUBLIC COMMENTS Carole Walters, (
address on
file), said she
spoke with the Southern California Air Quality Management District (SCAQMD) and submitted to the
City Manager a public records request asking who the contractor was that
removed the asbestos from the City Hall administration building, and where it was moved.
Concern was expressed with the placement of election signs and she noted
this is the 151 anniversary date of the loss of former Police Chief Robertson.The City Manager
indicated those campaigning in
the November 3rd election have been advised not to post signs in the
public right-of-way. The Director of Public Works indicated the candidate or their
representative have been notified they may pick up signs that have been impounded at
the Corporation Yard.PAGE 3
CITY COUNCIL MINUTES October 13, 1998
2. PUBLIC COMMENTS (Continued)
Robert Boice, 143 N. Pine Street, requested that Council 1) rescind Negative Declaration
1553-98 titled Plaza Renovation Master Plan; 2) cease the operation of the citizens ad
hoc committee created for this project; 3) void the proposed current Plaza Renovation
Master Plan; and 4) instruct staff to prepare a complete detailed restoration plan for Plaza
square.The plan be supported by the necessary studies, authoritative expert testimony by
noted historical and cultural landscape experts, with the complete project in full
compliance with the California Environmental Quality Act and the Secretary of Interior Standards
for Historic Restoration and Cultural Landscapes. Mr. Boice asked Council to agendize
a vote on his request at the October 27th meeting. He submitted his letter dated October
5th for the public
record.Jeff Garza, 866 N. Orange Street, co-owner of Orange County
Ballroom Company,requested Council suggest the Economic Development Department reevaluate
their loan request of $50,000 to open a studio at 200 E. Chapman Avenue, which
would be beneficial to the City
of Orange.The Director of Economic Development explained the request for assistance did
not meet the criteria for funding adopted by Council for evaluating projects.
Tenant improvements would not increase property taxes. The property is not blighted or
underutilized. The project does not leverage funds from other sources. There was no
significant financial contribution from the owners. Staff would recommend waiving the provision
in the contract with Mr. Bresken that
requires retail.Jennifer Davis, 866 N. Orange Street, Orange County Ballroom Company,
commented if Council would see clear to make an investment in their expertise, energy,
and future earning potential, it would be
greatly appreciated.Mayor pro tern Slater indicated very strict criteria must be followed in
granting these types of loans. He urged them to continue pursuing a loan for
their business.Councilman Alvarez asked for further information on the business and how it
is packaged for
the customer.Mayor Coontz suggested pursuing information and assistance from
Chapman University.The City Manager was directed to provide Council with the criteria approved
by Council and the recommendations from the Economic
Development Director.Mara Brandman, (address on file), expressed concern for the request for
funding from individuals representing the Orange County Ballroom Company. She received
hate mail on September 24th which was taken to the Police Department on September 25th.
To date,she has heard nothing. Further, she commented a city-wide coalition is
being formed of homeowners and groups that have had problems
with the
CITY COUNCIL MINUTES October 13, 1998
2. PUBLIC COMMENTS (Continued)
Norm Phillips, 348 Redwood, requested Council agendize discussion on whether to lower
the Time Warner franchise fee. (A2100.0 AGR-2351.
A)Mayor Coontz responded the City is continually reviewing the fee structure. The
City Attorney indicated asking the Council to agendize this item during Public Comments
is not the proper forum. The matter would need to be agendized by a Councilmember or
by the City
Manager.Jon Dumitru, 860-A N. Kathleen Street, expressed concern with
inappropriate and unsightly campaign signs and the increase in graffiti in
the City.Eric Vargas, 860-A N. Kathleen Street, expressed concern with the placement
and size of campaign signs and graffiti in the area of the Regal Lanes, the 55
Freeway, and Lutheran High School. It was suggested the City keep in touch with
Caltrans
regarding graffiti enforcement.Mayor Coontz directed the City Manager to provide an update on the
status of graffiti clean-up and how often it is being done. The City Manager
indicated the Police Chief recently provided a briefing to staff. More information will
be provided to Council.Recent arrests made by the Police Department were a transient
who had sprayed graffiti at Holy Family and a taggerteam in the Flower/Palmyra area.
He requested Mr. Dumitru and the public provide him with specific locations of graffiti in
the City. The Graffiti
Hotline number is 744-7279.The City Manager indicated the Police Chiefwill follow up with
the gang unit for graffiti identification. The Director of Public Works
will follow up with Caltrans.
3.CONSENT CALENDAR Tape 2300 3.1 Declaration of City Clerk, Cassandra J. Cathcart,
declaring posting of City Council agenda of a regular meeting of October 13, 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
CITY COUNCIL MINUTES October 13, 1998
3. CONSENT CALENDAR (Continued)
3.2 Request Council Confirmation of warrant registers dated September 17, 24, and
October 1,1998.
NOTE: Councilman Alvarez abstained from voting on this item.
ACTION:Approved.
3.3 Request approval of City Council Minutes, Regular Meeting, September 22, 1998.
ACTION:Approved.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:Approved.
AGREEMENTS
3.5 Encroachment Agreement with Orange Park Heights, LLC to construct a retaining
wall, a portion of which extends into the public right of way. (A2100.0 AGR-
3129)SUMMARY: This parcel, 340 N. Newport Blvd., located on the west side of
Newport Blvd., south of Chapman Avenue, is the site of the Orange Park Heights Senior
Housing
project.ACTION: Approved encroachment agreement with Orange Park Heights LLC
and authorized the Mayor and City Clerk to execute the agreement on behalf of the
City.FISCAL IMP ACT: None. Orange Park Heights LLC has, as a condition of approval
of their proposed development of this site, dedicated right of way and constructed
Newport Boulevard to its ultimate width along their parcel frontage. This has resulted in
a significant savings to the City on both the cost of acquisition of the necessary right
of way and the cost of construction of public
improvements.3.6 Agreement with Los Angeles Cellular Telephone Company for installation of
an antenna for a wireless telecommunications system. (A2100.0
AGR-3128)SUMMARY: Los Angeles Cellular wants to install an antenna in the City to support
it's wireless communication system. LA Cellular will pay the City $1,500 annually
for this authorization in addition to any other fees required by the City. All
costs to operate/maintain the system, including liability for damage to City property,
will be borne by LA Cellular. The proposed contract has been reviewed by the
City Attorney.All City insurance requirements have been met. The antenna will be installed on
a City-owned Street Light Standard located on Jamboree Road, north of the southerly
city limits.Ancillary ground mounted equipment will be
located nearby.
CITY COUNCIL MINUTES October 13, 1998
3. CONSENT CALENDAR (Continued)
ACTION: Authorized the Mayor and City Clerk to execute a "Permit to Attach, Install,
Operate and Maintain a Wireless Digital Communications Radio Network" agreement
with Los Angeles Cellular Telephone Company.
FISCAL IMPACT: LA Cellular will initially install only one (1) antenna on a City-
owned light standard. The General Fund revenue to the City for this will be $1,500
annually (with cost-of-living increases in future years). LA Cellular ~
install another antenna at a later date for the same fee and subject to the
same conditions.3.7 Agreement with Orange County Half-Way House, dba
Orange County Youth Family Services (OCYFS) for Juvenile Diversion Program. (A2100.
0 AGR-2125.E)Discussion: Barbara DeNiro, (address on file), expressed concern
with these types of facilities in residential neighborhoods. How are they approved?
Can they be located anywhere in the City? Do we have a list of the
care facilities and locations?Mayor Coontz responded there is a list of the care facilities. This
facility is located in Santa
Ana on Fourth Street.SUMMARY: City Council approval is requested to enter into agreement
in the amount of 75,000 with Orange County Half-Way
House for Juvenile Diversion Program.ACTION: Approved and authorized the Mayor and City
Clerk to execute the agreement
on behalf of the City.FISCAL IMP ACT: Funds for this service were appropriated as part
of the Fiscal Year 98-99 Budget in
Account No. 100-4032-427800-1335 (police-Gangs-Other Contractual Services-
Graffiti Removal). In addition, the City of Orange Police Department was awarded $10,
000 through
the FY 98-99 Community Development Block Grant funds for this program.3.
8 Proposed disposition
of the dog "Max", Orange Police Department K-9 Unit.A2100.0
AGR-3127)SUMMARY: City Council approval
is requested to transfer ownership of "Max", a Police Canine, to Officer Daniel Adams.
ACTION: Authorized
the Mayor and
City Clerk
CITY COUNCIL MINUTES October 13, 1998
3. CONSENT CALENDAR (Continued)
APPROPRIATIONS
3.9 Donation of $8,000 from the Junior Women's Club of Orange for a Police Service
Dog. (C2500.K)
SUMMARY: City Council accepts the donation of $8,000 for a Police Service Dog from
the Junior Women's Club of Orange.
ACTION: Accepted donation of $8,000 from the Junior Women's Club of Orange for the
replacement of a Police Service Dog and approved appropriation of $8,000 to Account
No. 100-4001-441600-2307 (Police Admin. - Misc. Materials
and Supply-Canine).FISCAL IMP ACT: Donation of $8,000 will be deposited in
Account No. 100-0000-293900 (General Fund- Revenue Account-Donations)
and appropriated to Account No.100-4001-441600-
2307 (Police Admin. - Misc. Materials and Supply-Canine).3.10 Private building plan check firms
to provide "as-needed" plan check services for
the Community Development DepartmentlBuilding Division. (C2500.G.2.0)SUMMARY: The Department has a goal of
a two week turnaround on the plan check of all plans. As the demands for plan
check service can change drastically from day to day,the use ofa consultant
is needed to assist with times of peak volume.
ACTION: Approved and authorized the appropriation of $60,000.FISCAL IMPACT: For FY
1998/99, appropriate $60,000 to Account No. 100-6033-427800 (General Fund,
Contractual Services). This amount will be offset in the revenue budget Account
No. 100-6031-271500 (General
Fund, Plan Check Fees) by plan check fees that will be
collected.3.
11 Appropriation for Police Substation at The Mills Corporation Development.C2500.K)
SUMMARY: As a condition of development, The Mills Corporation is
required to provide a police substation facility and associated costs
for equipment.ACTION: Appropriated $41,000 to Account No. 100-
4021-471301-2312 (
General Fund-Patrol-Furniture-Police Substation) for supplies and equipment for the Police Substation at
The Block.FISCAL IMP ACT: The City has received $41,000 for equipment
for a Police substation from The Mills Corporation as required as a condition for development.
Personnel costs for staffing
this substation
CITY COUNCIL MINUTES October 13, 1998
3. CONSENT CALENDAR (Continued)
BIDS
3.12 Cathodic Protection Systems for Reservoir No.'s 1, lA, and 2. (C2500.P)
SUMMARY: Reservoir No.'s 1 and 1A are 5 and 3 million gallon steel tanks located at
2441 Villa Real Drive. Reservoir No. 2 is a 5 million gallon steel tank located at 2821
Villa Real Drive.
ACTION: Approved plans and specifications and authorize the advertisement for bids
for cathodic protection systems for Reservoir No.'s I, lA, and 2.
FISCAL IMPACT: Funds are budgeted and available in Account Nos.: 601-
8041-484400-8302 $36,970.00 (Reservoir Recoating), & 600-8041-
424101 $29,684.
00 Maintenance of Structures).3.13 Project No. D-131; Plans and specifications
for Stewart Drive Storm Drain Improvements from Main Street to 340 ft.
easterly and authorization to advertise
for bids. (C2500.M.17)Discussion: Greg Eikam, 1100 West Stewart Drive, expressed
support of the project, but expressed concern regarding traffic in and out of St. Joseph'
s Hospital. One way traffic during the time the work is being performed would make it
safer and
more accessible to the hospital.Mayor Coontz responded the City is participating with St.
Joseph's Hospital on the project, and the City Manager will
take note of the request.SUMMARY: Plans and specifications have been completed
for the construction of storm drain improvements on Stewart Drive, and the project is ready
to be advertised for bids.The estimated
construction cost is $90,000.ACTION: Approved plans and specifications and authorized
to advertise for bids for
Stewart Drive Storm Drain construction.FISCAL IMP ACT: Funds will be appropriated to the following
accounts at the time of award: 1) 530-5011-483400-5387 $30,000.
00 (Storm Drain-Stewart Dr. - Main to Bush);2) 550-5011-483400-
5387 $60,000.00 (Storm Drain-Stewart Dr. - Main to Bush).3.14 Purchase
of street lighting equipment on sole source basis. (C2500.M.10)NOTE: Councilman
Alvarez
and Mayor pro tern Slater abstained from voting on this item.
SUMMARY: Request Council authorize the purchase of street lighting equipment and fixtures
on sole
CITY COUNCIL MINUTES October 13, 1998
3. CONSENT CALENDAR (Continued)
ACTION: Authorized the purchase of street lighting equipment and fixtures from Pacific
Lighting Sales, Inc. in the amount of$192,349.92.
FISCAL IMP ACT: This purchase will be paid from the following accounts:
284-5032-483100-6461 Street Light Conversion $
61,046.84 310-9645-485100-1818
CDBG Street Lighting 121,303.88 284-5032-483100-6132
Street Light/Signal
Installation Chapman/Center 9.999.20 192,
349.92 3.15 CLAIMS
FOR DAMAGES (C3200.
0)a. Heirs of Antonio
Martinez b. Michael
Campis-Stewart c. Casa La Veta
HOA d. Dana Rosas e. Keith Welsh dba Welsh Properties ACTION: Denied claims
for damages and Application to Present
a
Late Claim and referred to
City Attorney and Adjuster.RESOLUTIONS 3.16 RESOLUTION NO. 9011 A Resolution of the City
Council of the City of Orange finally accepting the completion of a certain
public work and improvement; Bid No. 967-32, Accurate Landscape and Maintenance,
Landscape
Improvements for Reservoir No. 9A and 10. (A2100.0 AGR-2789)Location: Reservoir 9 - 2511
N. Cannon
St.; Reservoir 10 - 2525 N.
Cannon St.ACTION: Approved.3.17 RESOLUTION NO. 9018 A Resolution of the City Council
of the City of Orange repealing Resolution No. 8720 and approving the Memorandum
of Understanding between the City of Orange and the City of Orange
Police Association concerning wages, salaries and other terms and conditions of
employment effective
December 1,
1998 through
CITY COUNCIL MINUTES October 13, 1998
3. CONSENT CALENDAR (Continued)
3.18 RESOLUTION NO. 9019
A Resolution of the City Council of the City of Orange overruling the recommendation of
the Planning Commission of the City of Orange and denying a General Plan Amendment
request to eliminate a planned primary arterial highway segment ("Walnut Avenue") from
the Circulation Element and Master Plan of Streets and Highways on property generally
located at 291 North State College Boulevard, adjacent to Interstate 5. (C2300.E GPA-
1-
98)General Plan Amendment No. 1-98 (CE); Applicant: Circuit City Stores,
Inc. / Carmax ACTION: Approved. NOTE: Mayor pro tern Slater requested a "no" vote
be recorded to be consistent with his vote on August
11, 1998.3.19 RESOLUTION
NO. 9020 A Resolution of the City Council of the City of Orange overruling the
recommendation of the Planning Commission of the City of Orange and denying a Conditional Use
Permit to develop an automotive sales facility upon property generally located at 291
North State College Boulevard, adjacent to Interstate 5. (C3300.
0 CUP-2199-98)Conditional Use Permit No. 2199-98; Applicant:
Circuit City Stores, Inc. / Carmax ACTION: Approved. NOTE: Councilman Murphy abstained
on this item due to potential conflict on the basis of employment. Mayor pro
tem Slater requested a "no"vote be recorded to be consistent with his
vote on August 11, 1998.
3.20 RESOLUTION NO. 9021 A Resolution of the City Council of the City of
Orange overruling the recommendation of the Planning Commission of the City of Orange and denying
a Variance to allow a freestanding sign with a display area of approximately 260 square feet
and a height of 48 feet upon property generally located at 291 North
State College Boulevard, adjacent to Interstate
5. (V1300.0 V AR-2040-98)VarianceNo.
2040-98; Applicant: Circuit City Stores, Inc./Carmax ACTION: Approved. NOTE:
Councilman Murphy abstained on this item due to potential conflict on the basis of
employment. Mayor pro tern Slater requested a "no"vote be recorded to be
consistent with
CITY COUNCIL MINUTES October 13, 1998
3. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)
3.21 RESOLUTION NO. 9024
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 835 North Lincoln Street. (C3300.0 CUP-
2232-98)Conditional Use Permit 2232-98,
Applicant: Howard Morgan Mayor Coontz commented several calls were received regarding a tree that
was cut down and other issues. The Director of Community Development was
instructed to investigate if any violation of the code or conditional use
permit had occurred.MOTION -
Mayor Coontz SECOND -
Murphy AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez
NOES - Slater ACTION:
Approved. NOTE: Mayor pro tern Slater requested a "no" vote be recorded
to be consistent with his vote on September 22, 1998.3.
22 RESOLUTION NO. 9025 A
Resolution of the City Council of the City of Orange upholding the recommendation of the
Planning Commission of the City of Orange and approving a Tentative Tract Map and Minor
Site Plan to develop 5.6 acres with 66 townhouses and to create lots without direct access
to public streets upon property located on the southwest corner of Walnut Avenue and
Prospect Street. (T4000.0 TRT-15548)
Tentative Tract Map No. 15548; Minor Site Plan Review 55-98 Applicant:
Beazer Homes California,
Inc.ACTION:
Approved.PAGE
CITY COUNCIL MINUTES October 13, 1998
3. CONSENT CALENDAR (Continued)
3.23 RESOLUTION NO. 9026
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work improvement. (A2100.0 AGR-
3001)Bid No. 978-25, Recoating of the Interior of Reservoir No.1,
Robison-Prezioso,
Inc.ACTION: Approved.3.24
RESOLUTION NO. 9027 A Resolution of the City Council of the City of Orange adding portions
of a certain public street to Area "A" ofthe Neighborhood Parking PermitProgram. (S4000.S.
3.1.
2)ACTION:Approved.3.25
RESOLUTION NO. 9028 A Resolution of the City Council of the City of Orange amending
Resolution No. 9008 approving the submittal of transportation improvement projects to
the Orange County Transportation Authority for funding under the
Combined Transportation Funding Program. (
OC1300.D.
l)ACTION: Approved.
STREET NAME CHANGE 3.26 Street name change from "Aspen Street" to "Chapman
Hills Elementary School"north of Canyon View Avenue. (S4000.
S.3.6)SUMMARY: On July 14, 1998, the City Council approved changing
the street name Aspen Street" to "Chapman Hills Elementary School" north of
Canyon View Avenue,subject to the school's approval of the name change. The school's
principal has been contacted regarding the change, and reports that both the school and
the Chapman Hills PT A are opposed to
this name change.ACTION: Received and filed the report and retain the street name "
Aspen Street" north of
Canyon View Avenue.
FISCAL
IMPACT:
None.
MOTION SECOND
AYES Murphy
Slater Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
PAGE 13
CITY COUNCIL MINUTES October 13, 1998
3. CONSENT CALENDAR (Continued)
Item No. 3.21 was removed and heard separately. Councilman Murphy abstained on Item
Nos. 3.19 and 3.20. Councilman Alvarez abstained on Item Nos. 3.2 and 3.14. Mayor
pro tern Slater abstained on Item No. 3.14 and voted "no" on Item Nos. 3.18,3.19,3.20,
and 3.21. The remainder of the Consent Calendar was approved as presented.
END OF CONSENT CALENDAR
4.REPORTS FROM MAYOR COONTZ Tape 2553
4.1 Report on community meetings in preparation of the Eastern Transportation
Corridor opening. (T2200.0.2)
SUMMARY: In preparation for the Eastern Transportation Corridor (ETC) opening, scheduled
for October 18, 1998, Mayor Coontz and Councilman Murphy were assigned by the City Council
to oversee the coordination efforts between the City, Transportation Corridor Agency (TCA) and
the Community Outreach Program to inform the area residents and businesses who may be
affected by this project. As part of these efforts 3 community meetings were held in East
Orange. This is a summary report of the issues raised in those meetings.
Mayor Coontz announced the Eastern Transportation Corridor will open October 18, 1998 for a
free eight days. The City, in cooperation with the Transportation Corridor Agency (TCA), is
taking every precaution to ensure that the toll road debut goes smoothly while drivers adjust to
shifting traffic patterns and new travel choices. Working with Caltrans, the County of Orange
and the cities of Irvine, Orange and Tustin, the TCA and Silverado Constructors have prepared a
thorough traffic management plan that addresses any congestion that might result from opening
17 miles of the ETC without its 6.6-mile "West Leg." Residents can call a special hotline, (
714)513-3433, which will page a designated response-team member to ensure prompt
action on
any urgent problem.The steps the response teams will be prepared
to take include:ordering immediate adjustment to
traffic signal timing;calling on local law enforcement to manage
congestion at intersection;calling out pavement striping teams to modify lane
marking at interchanges;arranging for quick-response towing services to remove
stalled vehicles during congestion;and coordinating with emergency vehicles to quickly clear
any
accidents at impacted intersections.The following issues were raised by concerned residents which
Public Works staff will investigate further and
report back
CITY COUNCIL MINUTES October 13, 1998
4. REPORTS FROM MAYOR COONTZ (Continued)
1. Access from Chandler Ranch Rd. onto Chapman Ave. (especially left-turns out of
Chandler Ranch) needs to be
improved.2. There were numerous complaints about speeding problems on the following
streets:A. Santiago Canyon Rd. between Newport Ave. and Hewes
St.B. Cannon Ave. between Santiago Canyon Rd. and Cerritos
Dr.C. Linda Vista
Street.3. There were also concerns about the safety of the intersection of Kennymead and
Santiago Canyon Rd., especially regarding the left turning
vehicles.4. There appears to be a need to work in concert with the Orange Unified School
District OUSD) to conduct a comprehensive review and evaluation of traffic circulation in
and around Linda Vista Elementary School. The City is already in preliminary discussion
with
them.MOTION - Mayor Coontz
SECOND - Murphy AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
receive and file the report and directed staff to further investigate the issues raised by the residents
in the meetings, as outlined in the report, and report back to the City Council.5.REPORTS
FROM COUNCILMEMBERS Tape 2740 5.1
Councilman Alvarez - Discussion on potential conflict of interests arising from campaign contributions from
persons doing business with the City.COUNCILMAN ALVAREZ COMMENTED
FOR THE RECORD: "Mayor, what had been brought to my attention, and quite
frankly from a number of people who were at a fundraiser that you had held in relationship to
Mr. Adams, who..."The City Attorney
advised Councilman Alvarez it was his understanding the topic was going to be whether or
not there should be abstentions or disclosures from Councilmembers if a person seeking to do
business with the City has given a campaign contribution to a Councilmember.Councilman Alvarez continued: "
What had come to my attention, basically, was something that had happened. I
guess the public is going to have to find out for themselves. Basically, the reason I put
this on the agenda is, this is something that was discussed before in terms of perceptions that the
Council has to deal with in terms of when Councilmembers take campaign contributions that we
understand the law in terms of how we do that, how we record it. And very simply we have
a person who is a private person, and Shirley Grindle who keeps track of the activities that we
have, and does probably the best job of a non-paid volunteer that I know of when it
comes to this. And the reason that I brought it before the Council is something that I have brought
up before, in that, even though we may know the law, the citizens that are out there,the citizens
that view these activities, may not know that. And I think that I have brought up before that
there is a sensitivity when we deal with issues before us. In particular, our problems PAGE 15
CITY COUNCIL MINUTES October 13, 1998
5. REPORTS FROM COUNCILMEMBERS (Continued)
with our current trash company or our problems with our current recycling company, that I think
in terms of myself, I get pretty sensitive to it, because it is probably one of the biggest things to
happen to the City, probably since the Orange County Bankruptcy. But I constantly try to
remind people that we are following campaign laws, and that even though there is an appearance
of impropriety in having to do business with people that are in either the trash industry or either
at this time, or the possibility of doing business with somebody in the trash industry, that it
becomes sensitive to me in that, at the last Council meeting, we hired a consultant who is going
to develop our RFP which is a Request for Proposal for the possibility of having a new trash
company, and that we are still waiting for some answers in the Orange Disposal investigation. In
light of that, it seems like it may have been poor judgment in dealing with people that are in this
industry, at a time when I think it is very sensitive to everyone on the Council.
Basically, what I am looking at, or what I have been trying to relay to the public is that the
perceptions may be there but we are held by the law to record what is going on. We also have
the added benefit of having Shirley Grindle actually go through our stuff. For those people who
don't know Shirley Grindle, she is a volunteer who tracks politicians when they run for office
and track their campaign contribution. I guess what I am driving at, at this point, is I would like
this body, our government, and particularly our City Council, as we go into the phase of working
on the Request for Proposal, that I want to assure the public, as we follow the law with campaign
contributions, that we are going into it with, what I would call, clean hands. That we are totally
above board, we want to do what is right for the City, and that is our intention from the very
beginning. And that we will make decisions on the trash company or the recycling company
based on what we know and not by perceptions or anything else. However, those are out there.
That is the way the public views it, is that most of the public doesn't run for office, so they
probably don't have a reason to know the campaign laws that we are under.
However, I believe that ultimately, that this City Council and more importantly, future City
Council's, would benefit from developing a policy, a policy that would contain guidelines that
will address the issue of campaign contributions from people who either work for the City or
who are hired to provide a service for the City, so that we can lessen that appearance of any
possible impropriety. Because I hope by doing this, we can gain more of a degree of confidence
from the people that put us here, that sit us right here to represent them. And, I think, in the long
term, that is what I am looking for is, and that is what I would like to bring forward as time goes
on, is to develop a policy with all of us here, that we can lessen that pretty much that possible
appearance of impropriety. And I think we all benefit from that, particular I think, in these times.
My final comment, basically, is I would like to continue to work towards that end so that we can
develop a policy that I would hope the Council not only at this time, but in the future will see as
a guidelines that will benefit them as well as the public."
Councilman Spurgeon commented that over four years ago the City Council adopted a campaign
reform ordinance. Most cities go by State law and the campaign contribution limit per election
cycle is $1,000. The City adopted a campaign contribution limit of$500 per election cycle. The
City's ordinance also prohibits the transfer of funds between committees.
PAGE 16
CITY COUNCIL MINUTES October 13, 1998
5. REPORTS FROM COUNCILMEMBERS (Continued)
Carole Walters, (address on file), commented she heard the City Attorney make it sound like
George Adams is going to do business in the City of Orange. People have such a problem with
the trash scandal right now. A party given by the trash people in Anaheim does not look good.
People in North Orange had a problem with George Adams a long time ago.
Mayor Coontz asked Ms. Walters where she got her facts, indicating they are not factual. Mr.
Adams called the City Attorney and Councilman Alvarez today and told them he is not in the
trash business and will not be in the trash business. This is just another campaigning activity.
Councilman Alvarez commented he did have a conversation with George Adams. His company
is the only one that any trash company or recycling company will deal with, because they are the
only company that deal with scrap metal.
Mayor Coontz responded Mr. Adams contracts to take the scrap metal, which has nothing to do
with offering to be a trash contractor for the City of Orange.
THE CITY ATTORNEY COMMENTED FOR THE RECORD: "Mr. Adams has a recycling company.
What he does, he contracts with different companies who sell their recycables to them. But he
would not be a bidder on any Request for Proposal (RFP)."
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, suggested Council leave the policing
of the campaign contributions to Shirley Grindle. This is not the time to change campaign laws.
Barbara DeNiro, (address on file), asked if the $500 campaign contribution limit includes in-
kind services? Councilmembers responded that the limit does apply to in-
kind services.6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS -
None 7.ADMINISTRATIVE REPORTS Tape
3429 7.1 Report from the Economic Development Director regarding a Loan and
Grant Agreement by and among the City of Orange, the Orange Redevelopment Agency
and Orange Housing Development Corporation (OHDC) regarding 1743 East Rose
Avenue.RA2100.0
AGR-3121)SUMMARY: OHDC plans to acquire and rehabilitate a six-unit apartment
complex located at 1743 East Rose Avenue. The total estimated cost ofthe project is $499,590.
OHDC will obtain a private loan of $184,940 for the project and is requesting that the City
and the Redevelopment Agency pay the remaining cost. If approved, funds would be provided as follows:
an $81,220 loan and a $95,740 grant of federal HOME funds from the City, and a $137,690
grant of Housing Set-Aside funds
from the
CITY COUNCIL MINUTES October 13, 1998
7. ADMINISTRATIVE REPORTS (Continued)
FISCAL IMPACT: HOME funds totaling $176,960 will be committed to Detail Number 19844
for the project and are currently appropriated as follows: $7,558.28 in HOME CHDO/Adams I
Account Number 317-9660-427700-1210-19841, $75,244 in
HOMEPrior Year Capital Outlay/Developer Account Number 317-9660-475100-
0000-16051, and $94,157.72 in HOME Current Year
Capital Outlay/Developer Account Number 317-9660-475100-0000. Housing Set-Aside funds in the amount
of $137,690 will
be appropriated in (Agency) Southwest Housing Set-Aside
Account Number 921-
9809-485802-0000-19844.The Director of Economic Development presented the report.RESOLUTION NO. 9009 A Resolution
of the City Council of the City of Orange approving a Loan and Grant
Agreement by and among the City of Orange, the Orange Redevelopment
Agency and Orange
Housing Development Corporation
regarding 1743 East Rose Avenue and making
certain findings.MOTION - Murphy SECOND - Alvarez AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Resolution
No. 9009 as
introduced, be adopted
and same was passed
and adopted by the preceding vote.MOTION - Murphy
SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to Commit $176,960
in federal HOME Investment Partnerships Act funds for the project.7.2
Report from the Economic Development Director regarding subordination of the City of Orange's ("
City") $769,250 loan to Orange Garden Apartments, LLC, a California
limited liability company ("Developer"), and the City's housing affordability covenants on the
Orange Garden Apartments to the refinancing of the existing senior loan; and approval of
a First Amendment to HOME Agreement between the City and Developer. Location:
East of Tustin Street
between Adams Avenue and Collins Avenue.RA2100.0 AGR-2575.1)SUMMARY: In
1996, the City through its federally-funded HOME Program and the Agency through its
Housing Set-Aside funds, assisted the Plaza Garden Apartments, LLC and the Orange Garden
Apartments, LLC with the acquisition and rehabilitation of the Plaza Garden and Orange Garden apartment
complexes. In consideration for the loan of funds to those entities, the City
and Agency imposed covenants and restrictions on the two apartment complexes assuring the long-
term affordability of the apartment units at rents affordable to qualified low and moderate income
persons and
families.
CITY COUNCIL MINUTES October 13, 1998
7. ADMINISTRATIVE REPORTS (Continued)
existing loan on the two properties in conjunction with a loan on the Courtyard Apartments,
which is owned by Courtyard Apartments, LLC, and have requested the Agency and City to
subordinate their respective loans and affordability covenants to the refinancing loan.
FISCAL IMPACT: There is no appropriation needed for this transaction.
The Director of Economic Development reported on the accomplishments made at the 256 unit
complex at Collins and Highland which is a result of the City and Agency housing program. The
owners wish to refinance the project because interest rates are lower. The units will remain
affordable for 55 years. The developers did not receive a fee for acquiring and rehabilitating the
units.
In response to Councilman Alvarez, Barry Cottle, owner of the project, reported on the "Learning
Center" project. Space is donated to a non-profit group called "Think Together", which
stands for teaching, helping, and inspiring kids. They have joint ventured with this group and
with Handy School. There is a core group of approximately 60 volunteers, of which
approximate fifteen come four days at week to the "Learning Center" at the
property.Councilman Spurgeon asked how the crime rates have come down since the units have
been rehabilitated? The Police Captain responded major crimes have decreased dramatically
over the past two years. There has been an immense increase in the quality of life issues in
the units and surrounding units. There has been tremendous cooperation with Mr. Cottle and
his management
staff.MOTION - Mayor Coontz
SECOND - Murphy A
YES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Approved the
First Amendment to HOME Agreement between the City and the Developer.MOTION - Mayor
Coontz SECOND - Alvarez A
YES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Approved a Subordination Agreement by
and among the City, the Developer and the Patrician Financial Company in a form
acceptable to the City Attorney.MOTION - Mayor Coontz SECOND - Alvarez
AYES - Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez
PAGE 19
CITY COUNCIL MINUTES October 13, 1998
7. ADMINISTRATIVE REPORTS (Continued)
Authorized and directed the Mayor and City Clerk to execute the First Amendment to HOME
Agreement and the Subordination Agreement and to take such other action and execute such
other documents as may be necessary to carry out the terms of those documents; upon and
subject to the following terms and conditions stated in the staff report.
7.3 Report from the Personnel Director concerning the classification and compensation
study completed by David M. Griffith & Associates. (C2500JA)
The Personnel Director presented the report.
Councilman Alvarez asked for an explanation of the ADA requirements. Do the title changes
affect the job description of the individual? He requested a copy of what the class and titles were
before the study took place.
The Personnel Director explained ADA is a federal law that requires the City to provide access to
Americans with handicaps or disabilities. The City is required to ensure these individuals are not
discriminated from the workplace. When an employee's title is changed, the position is not
always changed. It was found that the title of some positions were inappropriate which would
result in difficulty doing a salary survey to compensate them at the right level. A change to the
title and position is a job reclassification.
RESOLUTION NO. 9022
A Resolution of the City Council of the City of Orange adopting a classification and
compensation study completed by David M. Griffith & Associates covering all non-sworn
city
positions.MOTION -
Murphy SECOND -
Slater AYES -Murphy, Slater, Mayor Coontz, Spurgeon,
Alvarez Moved that Resolution No. 9022 as introduced, be adopted and same was passed and
approved by the preceding
vote.8. REPORTS FROM CITY
MANAGER 8.1 Year 2000 Compliance Status Report (C2500J.
2)SUMMARY: The City, through Business Records Corporation (BRC), has prepared a
report assessing year 2000 compliance (Y2K) issues for the City of Orange. The report identifies
and assesses Y2K compliance on over 120 different hardware, software or electrical
components.PAGE
CITY COUNCIL MINUTES October 13, 1998
8. REPORTS FROM CITY MANAGER (Continued)
FISCAL IMP ACT: Total cost of identified Y2K compliance projects is $52,500. Adequate funds
have been appropriated in the Fiscal Year 1998-99 Management Information Systems (
MIS)budget for these projects. The above estimated cost excludes the cost to replace the
Police Department's Computer Aided DispatchlRecords Management System, which is
approximately 1.2
million.NOTE: Councilman Murphy abstained from voting on this item due to his
employment.The Assistant to the City Manager presented the
report.MOTION - Slater
SECOND - Spurgeon AYES -
Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - Murphy
Moved to receive
and file.9.LEGAL AFFAIRS
Tape 4500 9.1 ORDINANCE
NO. 17-98 An Ordinance
of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code
and approving the reclassification of property located on the north side of Sycamore Avenue,
50 feet east of Glassell Street, addressed as 121 and 123 East Sycamore, from R2-6
to C-1. (Z1500.0 ZCG-
1188-97)Zone Change 1188-97;
Applicant: Chapman University
MOTION - Slater SECOND -
Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that Ordinance No. 17-98 be read by title only and same was passed and adopted by
the preceding
vote.9.2 ORDINANCE NO.
18-98 An Ordinance of the City Council of the City of Orange amending Section 17.06.030
of the Orange Municipal Code and approving the pre-zone classification to C-
1 of property located along the northerly property line of those properties in the City of Orange on
the north side of Chapman Avenue between Earlham and Hewes, parallel to and between
Chapman Avenue in the City of Orange and Pearl Street in the County of
Orange. (Z1500.
CITY COUNCIL MINUTES October 13, 1998
9. LEGAL AFFAIRS (Continued)
Pre-Zone Change 1189-97; Applicant: City of Orange on behalf of William
Mattern, Reynaldo Lozano, Larry Malone, Harvey Moreno and
Margery Bassett MOTION -
Slater SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
that Ordinance No. 18-98 be read by title only and same was passed and adopted by the
preceding vote.
9.3 ORDINANCE NO. 19-
98 An Ordinance of the city Council of the City of Orange amending Sections 10.18.010
and10.42.020 of the Orange Municipal Code relating to enforcement of the California Vehicle
Code in off-street parking lots. (A2500.
0 Parking)MOTION -
Spurgeon SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
that Ordinance No. 19-98 be read by title only and same was passed and adopted by the
preceding vote.
9.4 ORDINANCE NO. 20-
98 An Ordinance of the City Council of the City of Orange amending Title 17 of the
Orange Municipal Code and approving the reclassification of property located on the east side of
Tustin Street, 400 feet south of Palmyra Avenue, addressed as 395 South Tustin Street, from R-3
to C-1.
Z1500.0 ZCG-1193-97)Zone Change
1193-97; Applicant:
Chatham Health, LLC
MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved that Ordinance No. 20-98 be read by title only and same was passed
and adopted
by the preceding vote.10. RECESS TO THE MEETING OF
THE ORANGE
CITY COUNCIL MINUTES October 13, 1998
11. RECESS TO CLOSED SESSION
The City Attorney indicated the item of eminent domain involving property located at the
northwest corner of Chapman and Main Streets is a Redevelopment Agency item. The Orange
Redevelopment Agency will also recess to Closed Session to consider this item.
URGENT ITEM
MOTION - Murphy SECOND -
Mayor Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that this
item arose after the posting ofthe agenda and there is a need to take immediate action.Existing litigation
pursuant
to Government Code Section 54956.9(a); City of Orange vs.Alabama Treasury, aka
the other city monies litigation.The City Council
recessed to a Closed Session at 7:55 p.m. for the following purposes:a. Conference with
Legal Counsel- anticipated litigation.Significant exposure to
litigation pursuant to Government Code Section 54956.9(b) (three potentialcase). Contract
with ORRS, Eminent domain matter involving property located at the northwest corner of
Chapman and Main Streets.b. Conference with
Labor Negotiator pursuant to Government Code Section 54957.6: City Negotiator: Personnel Director
Steven Pham - Christmas Holidays.c. Public Employee Performance
Evaluation pursuant to Government Code Section 54957 -Title: City Attorney.d. To
consider and take
possible action upon such other matters as are orally announced by the City Attorney, City Manager, or
City Council prior to such recess unless the motion to recess indicates any ofthe matters will
not be considered in Closed Session.PAGE 23
CITY COUNCIL MINUTES October 13, 1998
7:00 P.M. SESSION
PRESENTATIONS
Mayor Coontz, on behalf of the City Council, presented Miss Orange 1998, Deanna Morgan,
with her portrait.
12.PUBLIC COMMENTS Tape 4906
Janet May, 2943-1 Cottonwood Street, requested an update on the status of the citizen's
advisory committee for the selection of a permanent Police Chief. She had faxed her resume to
the Councilmembers and City Manager containing information which she feels qualifies her to sit
on the
committee.The City Manager responded Council took action to form a committee. The
Economic Development Partnership and the Orange Chamber of Commerce each selected a person
and each Councilmember selected a member from the community to serve on the committee.
The committee will consist of seven members. A letter was recently sent to the individuals
selected to participate on the committee. The City Manager thanked Ms. May for her interest in
the committee and apologized for not informing her ofthe selection that was
made.Mayor Coontz indicated Ms. May's letter with her thoughts would be passed on to
the
committee.Carole Walters, (address on file), expressed safety concerns for school children crossing at
the crosswalk at Everett and Shaffer, suggesting there be a light. Ms. Walters commented she
wants respect and feels she is being attacked
personally.Barbara DeNiro, (address on file), referred to a copy of letter she submitted to the Oran~e
City and Oran~e County Reiister this past week regarding the proposed Zehner project
and other developments in the City. Concern was expressed that a large sign at The Block at
Orange will create a traffic hazard; the Walmart storage is not within the approval of the facility;
the height of the wall between the new Ford of Orange and Nissan out to the sidewalk; the huge
solid wall along Main Street; and the residential parking atY orb a California Schools for
Soccer Saturday on October 3rd, requesting the neighbors receive advance notice of such
events.C3500.
0)Shannon Tucker, 556 E. Culver, expressed concern with the increase in crime and graffiti at
Holy Family School, which her children attend. Who is 3D? Ms. Tucker hopes her neighborhood
can remain
single-family.The City Manager responded the Police Department has been successful in the arrest
of the person responsible for the graffiti at Holy Family and the taggers were also arrested over
the
past weekend.
CITY COUNCIL MINUTES October 13, 1998
10. PUBLIC COMMENTS (Continued)
Mayor Coontz indicated alternatives continue to be looked at for the south side of Culver; a final
decision has not been made. The Director of Community Development has been directed to look
at each alternative and provide additional requirements within each of the alternatives, over and
above the zoning, design guidelines, and Council's decision in 1993.
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, urged Council to announce the
appointments made to the Citizen's Advisory Committee for the selection of the Police Chief.
The City Manager commented letters were recently sent to those appointed to the committee. A
press release will be sent out. He intends to agendize this matter as an information item for the
October 27th meeting.
13. PUBLIC HEARINGS
13.1 ORDINANCE AMENDMENT NO. 2-98, MASSAGE
ESTABLISHMENT
REQUIREMENTS:Time set for a public hearing on petition by the City of Orange to consider
Ordinance Amendment No. 2-98 to amend the City Zoning Ordinance relating to
allowing massage establishments as a permitted land use and to expand the number of zoning districts
that allow such uses. If adopted, massage establishments would be allowed as permitted and/
or accessory uses in all the City's Commercial Zoning Classifications. (
A2500.0)Mayor Coontz noted the newspaper has referred to massage establishments as
massage parlors,which have given a misperception of what massage establishments
really are.The Director of Community Development reported previously the City's zoning
code allowed massage businesses only by conditional use permit in the C-3 zone. It
is recommended that massage businesses be allowed as a primary use in the
CTR (Commercial, Tustin Redevelopment), C-2 (General Commercial), and C-3 (
Commercial) zones. Massaage therapy as an accessory use is also recommended to permitted land uses in
the OP (Office Professional), C-I (Commercial Professional) and CR (Commercial Recreational) zones.
As an accessory use, the massage businesses would be integrated with and incidental to a
primary use that is already permitted in that zone. The City Attorney has attempted to clearly define
what the uses are and establish professional standards to the operators of the business to
make them an
acceptable part of the community.The City Attorney explained that Council adopted a policy
that a person performing massage therapy must have certain credentials, training, background, and the
ability to pass the National Certification Exam. The City has recognized massage therapy
as a legitimate therapeutic and medical profession. Standards were established as would be
done for
CITY COUNCIL MINUTES October 13, 1998
13. PUBLIC HEARINGS (Continued)
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Barbara DeNiro, (address on file), asked if massage establishments had been previously proposed
for the industrial area? Why are massage parlors necessary in commercial zoning classifications?
The Director of Community Development responded massage establishments have not been
proposed for the industrial areas, only the commercial zones.
Mayor Coontz noted that adult businesses are allowed in the industrial zones, however, massage
establishments are not classified as adult businesses. The restrictions for adult businesses are
tighter.
Gilbert Ayala, 2993 N. Cottonwood #12, commented on a recent newspaper article regarding the
establishment of massage parlors in the City. The City should define what a massage business is.
There should not be massage parlors in the City. He asked Council's assistance with his scout
merit badge by responding with their thoughts and comments.
Warren Christianson, 1845 Anaheim Avenue, Costa Mesa, commented he is a massage therapist
who has been in business for ten years, currently licensed in the cities of Costa Mesa and Santa
Ana. He looks forward to opening a clinic in Orange. Massage therapists have spent hours and
money to learn the profession in order to help people become more healthy and reduce pain.
MAYOR COONTZ CLOSED THE PUBLIC HEARING.
Councilman Spurgeon commented the City Council and Planning Commission held public
hearings where licenses for massage therapists were thoroughly discussed. Mr. Ayala was
reassured the establishments are "clinics" and not "parlors", as parlors have a bad connotation.
The City does not want "parlors" either. The purpose of this public hearing strictly addresses the
zoning as to where the licensed clinics can be located. Prior to the public hearing, Council met
with these individuals and felt reassured by their professionalism and qualifications.
The City Attorney indicated the massage establishments that currently exist in the City do not
have to comply with the new code for twelve months. However, after the twelve month period,
they will need to meet the educational criteria.
Councilman Alvarez asked why the number of zones has expanded? Is each person performing
the massage considered an independent contractor? A business owner should be solely
responsible for everyone employed and ensure the business is in compliance. The City Attorney
explained the City's philosophical approach to these businesses was to treat them as legitimate
medical professions and provide them similar opportunities to other medical professions to locate
in the City. From an enforcement standpoint, whether the person were an employee or
independent contractor, the enforcement would be against the massage therapist, as that person
would be the one in violation ofthe City's code.
PAGE 26
CITY COUNCIL MINUTES October 13, 1998
13. PUBLIC HEARINGS (Continued)
Councilman Alvarez indicated he feels the business owner should have some responsibility in
ensuring compliance with the City's code. He would rather see the business as an accessory use
within one or two zones only.
Mayor Coontz commented the City's massage establishment ordinance is one of the tightest in
Orange County. Amendments to the ordinance can be made, ifit should become necessary.
MOTION - Spurgeon SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon NOES - Alvarez Moved
to approve the
Planning Commission recommendation and approve Negative Declaration 1563-98, finding that
there is no substantial evidence that the project will have a significant impact on the
environment or wildlife resources.MOTION - Spurgeon SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon NOES - Alvarez Moved to adopt Ordinance
Amendment 2-98
as outlined in Planning Commission Resolution No. PC-47-98.14. PLANNING
AND ENVIRONMENT -
None 15. ADJOURNMENT MOTION SECOND AYES
Mayor Coontz
Spurgeon
Murphy,
Slater,
Mayor Coontz, Spurgeon,
Alvarez The
City Council adjourned at 8:45 p.
m. in memory of Pierce Lyden, an Orange resident and cowboy actor, who passed away October 10, 1998.
CAJ4(;~~ Cu-~CASSANDRA J. HCART, CMC CITY CLERK
PAGE
27