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11-24-1998 Council MinutesAPPROVED BY THE CITY COUNCIL ON JANUARY 12, 1999 CITY COUNCIL MINUTES ORANGE, CALIFORNIA OF A REGULAR MEETING November 24, 1998 The City Council ofthe City of Orange, California convened on November 24, 1998 at 4:30 p.m. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 4:30 P.M. SESSION 1. OPENING 1.1 INVOCATION Reverend VanDenBerg, Covenant Presbyterian Church 1.2 PLEDGE OF ALLEGIANCE TO THE FLAG Led by Councilman Murphy 1.3 ROLL CALL PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ PROCLAMATIONS Employee Recognition Service Awards were presented by the City Manager to: Police Officer David Hill, Bob Stolhand, Public Works Department, Paul Lobato, Community Services Department and Tom Thies, Fire Captain.2. PUBLIC COMMENTS Carole Walters, address on file, requested the recycling bin charges on the City's Sanitation bill be agendized in January, 1999 for discussion. Regarding the Plaza Project,people think if the traffic goes to one lane it is tearing up the plaza.Bob Bennyhoff, Orange Park Acres, complimented the City Manager and Department Heads on the Fourth and First Quarter Budget Reports included in the Agenda packet.3. CONSENT CALENDAR 3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of November 24, 1998 at Orange Civic Center, Taft Branch Library at 740 E. Taft Avenue, Police facility at 1107 North Batavia, the Eisenhower Park Bulletin Board, and summarized on Time-Warner Communications, all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said regular meeting.PAGE 1 CITY COUNCIL MINUTES November 24, 1998 3. CONSENT CALENDAR (Continued) ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk. 3.2 Request Council Confirmation of warrant registers dated November 5 and 12, 1998. ACTION:Approved. 3.3 Request approval of City Council Minutes, Regular Meeting, November 10, 1998. ACTION: Approved. NOTE: Councilman Murphy abstained due to his absence from the subject meeting. 3.4 Consideration to waive reading in full of all ordinances on the Agenda. ACTION:Approved. AGREEMENTS 3.5 Cooperative Agreement with the Providence Association for the construction of the Stewart Drive Storm Drain from Main Street to Bush Street. (A2100.0 Agr.3162) SUMMARY: This agreement defines the conditions and requirements between the City of Orange and the Providence Association for the cost sharing and implementation of engineering, construction, and contract administration for the Stewart Drive Storm Drain from Main Street to Bush Street. ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of the City. FISCAL IMPACT: Funds will be allocated to the following accounts at the time of award: 530-5011-483400-5387 $30,000.00 and 550- 5011-483400-5387 $ 60, 000.00 CIP Drainage Districts).APPROPRIATIONS 3.6 Appropriation of $6,500 for payment of Orange County Sanitation District assessment for City Hall property. (OC1300.G.5)SUMMARY: Until recently, the City has not received a bill for the Orange County Sanitation District assessment for City Hall property. Therefore, this expenditure was not included in the annual budget.ACTION: Appropriated $6,500 for payment of the Orange County Sanitation District annual assessment CITY COUNCIL MINUTES November 24, 1998 3. CONSENT CALENDAR (Continued) FISCAL IMPACT: Funds are available to be appropriated from general fund reserves to non-departmental property taxes ( 100- 0000-435600).BIDS 3.7 Project No. SP-3258; Bid No. 989-15; Approval of plans and specifications and permission to advertise bids for the installation of steel pipe bollards along Montgomery Way. (S4000.0)SUMMARY: Plans and specifications have been completed for the installation of protective steel bollards along Montgomery Way, within the OCTA right-of-way from La Veta Avenue to 300 feet north of La Veta. The project will provide protection for vehicles parked on the OCTA right-of-way from the adjacent railroad tracks. The estimated construction cost is $10,000.ACTION: Approved plans and specifications and authorized advertising for bids.FISCAL IMPACT: Funding for this type of work is provided in the department's operating budget utilizing Measure M - Street Maintenance Services Account No. 262-5021-427100.3.8 Project No. SP- 3256; Orange Fire Department Fire Station 6 - Barrier Wall;Approval of plans and specifications and advertising for bids. (C2500.M.8)SUMMARY: Plans and specifications have been completed for the construction of Orange Fire Department Fire Station 6 - Barrier Wall, and the project is ready to be advertised for bids. The estimated construction cost is $25,000.ACTION: Approved plans and specifications and authorized advertising for bids.FISCAL IMP ACT: Funds are budgeted in the General Fund and available in the following Account 100-3021-471200-0000 $49,041.56 ( Fire Suppression Bldg.Improvements). 3.9 CLAIM FOR DAMAGES: (C3200.0)a. John S. Wikle ACTION: Denied claim CITY COUNCIL MINUTES November 24, 1998 3. CONSENT CALENDAR (Continued) CONTRACTS REMOVED AND HEARD SEPARATELY) 3.10 Mills Act Contract #MAC-04.0-98, (Historic Property Preservation Agreement)continued from November 10, 1998). (A21 00.0 Agr 3151)SUMMARY: A proposal to approve Mills Act Contract for a single family, historic residence within the Old Towne Orange Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by the owner for the (minimum 10 year) term of this contract total $26,400. Location: 340 S. Grand St.Speaker: Carole Walters, address on file, asked if the people do not have the funds to complete the contract on time, what happens? Concerning the estimated property tax loss to the City, it seems low now, but in the future the sum will increase and the City will lose money.The Director of Community Development indicated an annual review will be completed as well as a comprehensive review every five years. If the schedule of improvements is not completed as listed in the contract, it will be reported to Council with a recommendation to terminate the contract. Since this is a Pilot Program, it will return to Councilin February/March depending on when the County Assessor provides information on the actual amount of taxes.MOTION - Spurgeon SECOND - Alvarez AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez ABSTAINED - Slater ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of the City. NOTE: Mayor pro tem Slater abstained because he sold a property within two homes of the subject location.FISCAL IMP ACT: The estimated property tax loss to the City is in the range of $270 to 370 per year.3.11 Mills Act Contract #MAC-06.0-98, (Historic Property Preservation Agreement). A2100.0 Agr 3165) A proposal to approve Mills Act Contract for a historic, single family, 1923 Bungalow located within the Old Towne Orange Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by the owner for the (minimum 10 year) term of this contract total $32,260. Location: 545 S. Orange St. PAGE 4 CITY COUNCIL MINUTES November 24, 1998 3. CONSENT CALENDAR (Continued) ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of the City. NOTE: Mayor pro tem Slater abstained because he owns a property within 300 ft. ofthe subject location. FISCAL IMP ACT: The estimated property tax loss to the City is in the range of $270 to 370 per year. 3.12 Mills Act Contract #MAC-09.0-98 (Historic Property Preservation Agreement).CA2100.0 Agr 3164)SUMMARY: A proposal to approve Mills Act Contract for a single family, historic residence within the Old Towne Orange Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by the owner for the (minimum 10 year) term ofthis contract total $54,500. Location: 248 S. Batavia St.ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of the City.FISCAL IMPACT: The estimated property tax loss to the City is in the range of $ 250 to 320 per year.3.13 Mills Act Contract #MAC-12.0-98 ( Historic Property Preservation Agreement). A2100.0 Agr 3163)SUMMARY: A proposal to approve Mills Act Contract for a one and one-half story,single family, historic 1909, Hip Roof Cottage within the Old Towne Orange Historic District. Estimated costs associated with the repair, rehabilitation and maintenance performed by the owner for the (minimum 10 year) termof this contract total $35,400. Location: 628 E. Palmyra Ave.ACTION: Approved and authorized the Mayor and City Clerk to execute on behalf of the City. NOTE: Mayor pro tem Slater abstained because he sold a home within 300 ft.of the subject property within the last year.FISCAL IMP ACT: The estimated property tax loss to the City is in the range of $ 220 to 320 per year.RESOLUTIONS 3.14 RESOLUTION NO. 9038 A Resolution of the City Council of the City of Orange temporarily closing Collins Avenue between Handy Street and the SR-55 Freeway for construction ofa City storm drain. ( CITY COUNCIL MINUTES November 24, 1998 3. CONSENT CALENDAR (Continued) ACTION: Approved. 3.15 RESOLUTION NO. 9042 A Resolution of the City Council of the City of Orange applicable to the Christmas Holiday for the Calendar Year 1998 approving the closing of certain City facilities between Christmas and New Years, and granting an additional one-half day of holiday time on December 31, 1998 to all employees other than certain safety employees with these safety employees receiving certain in-lieu holiday leave. (C2500. J.4) ACTION: Approved.3.16 RESOLUTION NO. 9044 A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement; Bid No. 989-03; SP-3252; Viking Equipment Corporation; Asbestos Abatement and Demolition and Right of Way Clearance at 205-235 W. La Veta Avenue, Orange. ( A2100.0 Agr 3106)ACTION: Approved.3. 17 RESOLUTION NO. 9045 A Resolution of the City Council of the City of Orange finally accepting the completion of a certain public work and improvement; Bid No. 978- 51; SP-3241; Roy Allan Slurry Seal, Inc.; Street Maintenance 1997-1998, Slurry Seal at Various Locations. (A2100.0 Agr 3065) ACTION: Approved.3.18 RESOLUTION NO. 9023 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 a Conditional Use Permit to allow the retail sale of alcoholic beverages in an M-2 Zone upon property located at 2164 North Batavia Street. (C3300. 0 CUP 2243-98)Conditional Use Permit No. 2243-98 Applicant: Young's Market Co. ACTION: Approved. NOTE: Councilman Alvarez abstained due to his owning property at 2188 CITY COUNCIL MINUTES November 24, 1998 3. CONSENT CALENDAR (Continued) MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Item No. 3. 10 was removed and heard separately. Mayor pro tem Slater abstained on Item Nos. 3. 10, 3.11 and 3.13 due to property interests (see item for explanation).Councilman Alvarez abstained on Item 3.18 because he owns a business at 2188 N.Batavia and Councilman Murphy abstained on Item 3.3 because he was absent from the subject Council meeting. The remainder of the Consent Calendar was approved as recommended.END OF CONSENT CALENDAR 4. REPORTS FROM MAYOR COONTZ - None.5. REPORTS FROM COUNCILMEMBERS - None 6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.7. ADMINISTRATIVE REPORTS 7.1 Treasurer' s Report for the period ending October 31,1998. (C2500.F)The Finance Director presented the report. MOTION - Mayor Coontz SECOND - Murphy A YES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file.8. REPORTS FROM CITY MANAGER 8.1 Report of costs for City of Orange participation in New Year's Eve event, to be held at The Block at Orange on December 31, 1998 ( continued from November 10, 1998).C2500.E)The City Manager indicated public safety is the concern and it includes Police Officers;participation from the Fire Department; concerns regarding exiting issues, and where events will take place at The Block.PAGE 7 CITY COUNCIL MINUTES November 24, 1998 8. REPORTS FROM CITY MANAGER (Continued) Jerry Engen, Vice President of The Mills Corporation, representing The Block, One City Boulevard West, Suite 1,000, commented they are trying to create an annual event that will be something The Mills and the City can be proud of. This was envisioned as a partnership with the City. Preliminary plans have been laid out relating to entertainment; a swing band in the park theatre adjacent to Dave and Buster's area which is an empty anchor pad. The Mills Corp. deliberately did not go into complete detail because they wanted to see if the City would like to participate in the planning of entertainment. The Fire Chief commented the park theater adjacent to Dave and Busters was a much better site for access and exiting which will help the Fire Department to keep people safe. Councilman Murphy asked how many people would possibly attend the New Years Event? Mr. Engen estimated between 25,000 to 60,000 during that time frame. Mayor Coontz commented public safety is an important issue especially when planning special events. From the City's experience with the Street Fair, crowd control problems can occur if there is a popular band in an outdoor event with narrow streets. The crowd tends to move in tightly which creates a potential dangerous situation. Often times people panic because they are not able to move for periods as long as twenty minutes. If the City is involved in financing this, the major effort should be in security. The Assistant to the City Manager reported the $1,150 budgeted for publicity would cover two banners hung at the plaza and ~ page newspaper ad. Mayor pro tem Slater suggested also utilizing Cable Television. Carole Walters, address on file, spoke in opposition; concern was expressed about people drinking and suing the City; Police Officers have enough to do city-wide on New Year's; and the money should be used for Crossing Guards.Bob Mickelson, P. O. Box 932, Orange, suggested using the transient occupancy taxes collected over the years for this type of promotion.The City Attorney commented from a liability standpoint the City's exposure would not be much different than at the annual Street Fair. Even though the City is not a co-sponsor, the fact that the City is contributing public safety personnel does not increase the liability. Any time Police intervene in any situation there is possible exposure to liability. If a City employee is at the event and is injured, the City would have worker's compensation liability. Concern by Department Heads is what role staff will have at the event. Plans have to be made so staff is not placed in a role they are not trained to do or would create undo exposure. CITY COUNCIL MINUTES November 24, 1998 8. REPORTS FROM CITY MANAGER (Continued) For the Record - Councilman Alvarez commented he supports the event, but supports it as a one time event that can be reviewed and see the successes. In spending the public funds for this, it is important for the public to realize that their success in the sales revenue generated will more than pay for the investment the City puts in for public safety.Mayor pro tem Slater commented he supports The Block because it is a vital part of the City.Concern was expressed that there has not been enough time for planning this event and he leaned toward providing publicity only for this year. In January, 1999, the City can begin plans for the next year participating at a low financial level.MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez NOES - Slater Moved to approve Option 2 - Emphasize Public safety and appropriate up to $15,000 from unappropriated General Fund reserves, to General Fund Non-Departmental Account 100-0000-410000-7070. The emphasis is to be on public safety and the City's emergency services are to work closely with all the planning phases of this event. This will serve the City in the future in order to determine what the security needs are for The Mills and the City. The City Manager is to find out the projected costs for the public safety portion first, remaining dollars will assist set up and function type management with building enforcement staffing assistance. The finalized details by the City Manager are to return to Council December 8th.8.2 Presentation of the Quarterly Budget Reports: Fourth Quarter 1997-98 covers July 1, 1997 through June 30, 1998 and First Quarter 1998-99 covers July 1, 1998 through September 30,1998. (C2500.E.4)The City Manager presented the reports and indicated he combined his review of the fourth quarter oflast year with the first quarter ofthis year.MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to receive and file.PAGE 9 CITY COUNCIL MINUTES November 24, 1998 9. LEGAL AFFAIRS 9.1 ORDINANCE NO. 9- 98 An Ordinance of the City Council of the City of Orange amending Section 17.18.030 of the Orange Municipal Code relating to schools in Commercial Zoning Districts. (A2500.0 Zoning, Commercial)MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 9-98 be read by title only and same was approved and adopted by the preceding vote.9. 2 ORDINANCE NO. 21-98 An Ordinance of the City Council of the City of Orange amending Chapter 5.86 and Sections 5.10.045, 17.04.020, 17.04.038, 17.18.030, 17.18.060, 17.20.030 and 17.20.050 of the City of Orange Municipal Code relating to Sexually Oriented/Adult Businesses. (A2500.0 Massage Therapy) MOTION - Slater SECOND - Mayor Coontz AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 21-98 be read by title only and same was approved and adopted by the preceding vote.10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 11. RECESS TO CLOSED SESSION The City Council recessed to a Closed Session at 5:44 p.m. for the following purposes:a. Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.9(a). City of Orange v. Walkers, et aI., Orange County Superior Court Case No. 783377;OTPA v. City of Orange, Orange County Superior Court Case No. 793465.b. Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9(b). Contract with Orange Resource Recovery Systems.c. Public Employee Performance Evaluation pursuant to Government Code Section 54957.Title: City Attorney PAGE 10 CITY COUNCIL MINUTES November 24, 1998 11. RECESS TO CLOSED SESSION (Continued) d. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in Closed Session. 7:00 P.M. SESSION 12. PUBLIC COMMENTS Norm Phillips, 348 Redwood, requested the franchise fee issue be agendized. Orange Municipal Code Chapter 13.82.010 - Franchise Fees was read. OMC Section 13.86.100 was also read concerning public streets relating to franchise fees. It was suggested to lower the City's franchise fee and double the fee on parking tickets for No Parking on certain days for street sweeping. This solution would affect the ones not doing right. Also, quit giving corporate welfare to everyone, such as the City's offer to advertise for The Block New Years Eve Event.Carole Walters, address on file, commented when big business comes to the City they get assistance, but a resident cannot get an issue on the agenda. Ms. Walters gave the City manager a copy of her reports on the recycling issue.Mayor pro tem Slater advised Ms. Walters the City Manager is placing the recycling bin issue on the next agenda.13. PUBLIC HEARINGS 13. 1 WEED ABATEMENT HEARING - FALL (C2500.H.2)Time set for a public hearing for the purpose of considering and hearing objections to the proposed removal of weeds which constitute a public nuisance. Resolution No. 9041 adopted by the City Council of the City of Orange on November 10, 1998 declares weeds a public nuisance and initiates abatement proceedings.MAYOR COONTZ OPENED THE PUBLIC HEARING.Speaker: Carole Walters, address on file, advised the Council there are still weeds at Hart Park near Cambridge Street and the Senior Housing.THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING.PAGE 11 CITY COUNCIL MINUTES November 24, 1998 13. PUBLIC HEARINGS (Continued) The properties which constitute a public nuisance and must be abated by the removal of weeds are: Vacant lot nle corner of Cypress & Sycamore 3805 E. Spring St. Vacant lot across street from 2905 E. Walnut 908 E. Lincoln Assessors Parcel No. 039- 142-12 Assessors Parcel No. 093-031-02 Assessors Parcel No. 093- 495-02 Assessors Parcel No. 374- 491-10 MOTION - Murphy SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to declare the subject properties a nuisance and approve abatement by a private contractor.14. RECESS TO THE ORANGE REDEVELOPMENT AGENCY 15. RECESS TO THE ORANGE INDUSTRIAL DEVELOPMENT AUTHORITY 16. PLANNING AND ENVIRONMENT - None.17. ADJOURNMENT MOTION - Murphy SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez The City Council adjourned at 7:22 p.m. to an Adjourned Regular Meeting to be held on Tuesday, December 1, 1998 at 7:00 p.m. in the Council Chambers for the Oath of Office Ceremony.ATHCART, CMC CLERK PAGE