03-11-1997 Council MinutesAPPROVED BY THE CITY COUNCIL ON MARCH 25, 1997
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 11, 1997
The City Council ofthe City of Orange, California convened on March 11, 1997 at 4:30 P.M. in
a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
Presented by Orange Service Unit One, Orange Community Girl Scouts.
1.2 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.3
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Carolyn Noble,
Partnership Program Manager, on behalf of Nancy Murray, Principal, and Bill Prescott,
Work Experience Coordinator for EI Modena High School, faculty and student body,
presented a certificate to Council recognizing the City as a business partner with EI
Modena High School, jointly sponsored through the American Public Works Association. Jerry
Bailey, Engineer, Public Works Department, thanked Mayor Coontz and Council
for their support and expressed special thanks to Mayor Coontz for her dedication to
the school system and their programs.1.4
PROCLAMATIONSA proclamation
was presented to Christina Jameson, President of Camp Fire Boys and Girls, honoring
Absolutely Incredible Kid Day, March 20, 1997.A proclamation
honoring the 85th Anniversary of Girl Scouts of the United States of America was
accepted by Norma Hockensmith. As a gift oftheir birthday, the Girls Scouts offered
to complete the landscaping in front ofthe Council Chambers, requesting they be
contacted to start the project as soon as possible.A proclamation
honoring Mediation Week, March 16-22, 1997 was accepted by Scott Mather,
Institute of Conflict Management 2.
CONSENT CALENDAR 2.
1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda
of a regular meeting of March 11, 1997 at Orange Civic Center, Main Library,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 PAGE
1
CITY COUNCIL MINUTES March 11, 1997
2. CONSENT CALENDAR (Continued)
Orange and freely accessible to members of the public at least 72 hours before
commencement of said regular meeting.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office of the City Clerk.
2.2 Request Council confirmation of warrant registers dated February 21 and 25, 1997.
ACTION: Approved.
REMOVED AND HEARD SEPARATELY)
2.3 Request approval of City Council Minutes, Regular Meeting, February 25, 1997, Special
Meeting, February 27, 1997 and Adjourned Regular Meeting, March 4, 1997.
MOTION
SECOND
AYES
Murphy Slater
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to approve
Minutes of February 27, 1997 and March 4, 1997, as presented. The Minutes of February
25, 1997 be continued and the non-agenda item under Reports from Councilmembers be
taken verbatim from the tape ofthat meeting, updated according, and brought back
for approval at the March 25, 1997 Meeting.2.4
Considerationto waive reading in full of all ordinances on the Agenda.ACTION: Approved.
AGREEMENTS 2.
5
Request Council approve cooperative agreement between the City of Orange and the Orange County
Public Facilities and Resources Department (formerly known as Environmental Management
Agency) for the construction administration of the City project entitled
Loma Street and Bridge Widening located between Santiago Canyon Road and
Lexington Avenue. (A2100.0 AGR-2768)FISCAL
IMPACT: The County of Orange Public Facilities and Resources Department will
advertise, award and administer the construction contract. Funding for the construction
and administration ofthis project is in the following accounts:271-
5011-483300-3819 $282,
880.00 Gas Tax-
Loma St. Widening)272-
5011-483300-3819 $900,000.
00 Gas Tax III-
Loma St. Widening)285-5011-
483300-3819 $
CITY COUNCIL MINUTES March 11, 1997
2. CONSENT CALENDAR (Continued)
ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.
2.6 Request Council approve agreement between the City of Orange and the Orange County
Public Facilities and Resources Department for contract administration of the seismic
retrofit of the Chapman Avenue Bridge (No. ORA 55C-0057) at Santiago Creek
as designated by the Federal Highway Administration and the State of California. (A2100.
0
AGR-2769)FISCAL IMPACT: None. The construction costs will be funded by county,
federal
and state.ACTION: Authorized Mayor and City Clerk to execute on behalf of
the
City.BIDS 2.7 Request Council approve plans and specifications and authorize advertising for
bids for street maintenance 1996/97 slurry sealing of various locations. (S4000.
S.7)FISCAL IMP ACT: Funds are budgeted in the Capital Improvement
Program and available in the
following accounts:271-5021-483300-3122 - $
10,000 Gas Tax 245-5021-
441600-3190 - $ 6,000 Bikeway Maintenance
262-5021-483300-3120 - $300,000
Measure M 262-5021-483300-3181 - $ 28,096 Measure M
ACTION: Approved plans and specifications and authorize advertising for bids.2.8 Request Council 1) approvea Contract Change
Order in the amount of $42,115.34 to R.F. Paulus Inc. for increases in
quantities at contract unit prices and extra work beyond the scope of original
contract, and 2) appropriate $26,606.73 from Unallocated Assessment District 86-
1 funds to Account No. 590-5013-483300-3123 and
appropriate $15,508.61 from unallocated
Drainage District funds to Account No. 530-5011-483400-5331. (See Resolution No.
8741.) (
A2100.0 AGR-2618)FISCAL IMPACT:
Appropriation of$42,115.34 from
unallocated funds is required as follows:590-
5013-483300-
CITY COUNCIL MINUTES March 11, 1997
2. CONSENT CALENDAR (Continued)
CLAIMS FOR DAMAGES
2.9 CLAIMS FOR DAMAGES FROM:
a. Mildred S. Minor
b. Jean L. Larson
c. Raymond Ruvalcaba
d. Rosa Maria Fimbres
e. Lisa Marie Jackson
ACTION: Denied claims for damages and referred to the City Attorney and Adjuster.
C3200.0)
CONTRACTS
REMOVED AND HEARD SEP ARATEL Y)
2.10 Request Council approve a professional services contract with Hilton Farnkopf &
Hobson, LLC, in the amount of $24,660 for a Water Rate Structure Study.
FISCAL IMPACT: Funds in the amount of$35,000 have been budgeted in Account No.
601-8041-486700-8927 (Water
Rate Structure Study).Councilman Spurgeon requested clarification from the Public
Works Director concerning the $24,660 contract to pay for a water rate structure study and
billing practices. Concern was expressed that the City might need to change the billing structure, with
a bottom line that someone will be paying more money for their water; and whether this
type of study is needed to determine if the City
is in compliance.The Director of Public Works explained that under the present rate
structure the same meter rate is charged, regardless of the service or customer class. The cost
of service in various parts of the City in relation to the revenue received and
the applicability of Proposition 218 needs to be analyzed. While the overall result is expected
to be revenue neutral, it is possible that there may be a need to make adjustments in
the rate structure for various classes of service. The alternative is to have a situation
where the existing rate structure may not be sustainable under the requirements of
Proposition 218 unless modifications are made to it. This is a comprehensive study and more than
an opinion on the validity ofthe rates. There are no solid answers to many ofthe
issues associated
with Proposition 218.Mayor Coontz requested the rate sufficiency, rate stability, and reserve
policies listed in the staff report be identified. It was noted Council had requested this
type of study several years ago under
difficult budgetary
CITY COUNCIL MINUTES March 11, 1997
2. CONSENT CALENDAR (Continued)
The Director of Public Works explained the key element for the rate sufficiency is
matching the revenue vs. the cost for the various classes of service in the City. The
Water Fund has a substantial reserve at the present time. At this time there is no adopted
policy as to what the appropriate levels of reserve should be within the water funds.
Rate stability is the attempt to look at what the expected costs of water and water
operations will be over the next few years and to identify a means of maintaining the
most stable rates. In the last few years, the cost of imported water has not gone up as
rapidly as was expected; and the cost of groundwater varies from year to year depending
upon the amount of rainfall. The desire of the rate study is to have as stable a rate
structure as possible and not be placed in the position of dealing with fluctuating costs
that can not be adequately addressed by the revenue stream. The reserve policy ties into
that directly; since there are surplus reserves, those funds could be used to stabilize rates.
Carole Walters, 534 N. Shaffer, expressed concern with an attorney's presentation on
Proposition 218 at the League of California Cities meeting, indicating she will be
following the Proposition.
The City Manager commented that ifit is Council's desire to have a special study session
regarding the services provided, it was recommended the scope of study be reviewed and
if acceptable, schedule a study session to provide background information. Also, a report
will be provided giving a more in-depth look at the background and scope of
work provided by the contractor. A thorough study of all fees and cost of services will
be scheduled to determine if the City is over charging or under charging, and to have
a substantiation for the fees that are currently
assessed.MOTION - Alvarez
SECOND - Spurgeon AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
the City Manager direct staffto provide a breakdown of the scope of services to be
presented at the March 25, 1997 meeting.RESOLUTIONS 2.
11
RESOLUTION NO. 8740 A Resolution
of the City Council of the City of Orange expressing appreciation to Detective James
Carson of the Orange Police Department and commending him for more than twenty-
seven years ofloyal and dedicated service. (C2500.K)ACTION:
Approved.PAGE
5
CITY COUNCIL MINUTES March 11, 1997
2. CONSENT CALENDAR (Continued)
2.12 RESOLUTION NO. 8741
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement; Bid No. 956-34; D-120; R.F.
Paulus Inc.;Walnut Avenue, Meats Avenue and Newport Blvd. storm drain project. (See Item
2.8 )A2100.
0 AGR-
2618)ACTION: Approved.2.13
RESOLUTION NO. 8743 A Resolution of the City Council of the City of Orange approving
Lot Line Adjustment LL 96-14 adjusting a lot line of certain real property situated
at the commercial center presently known as The City Shopping Center in the City of
Orange, County of Orange,State of California. (C2500.
M.16.1 LLN-96-
14)OWNER:
Metropolitan Life Insurance Co.ACTION:
Approved.2.14 RESOLUTION NO. 8744 A Resolution of the City Council of the City of
Orange opposing the consolidation of the Orange County Water District with
other water
districts. (OCI300.
G.l)ACTION: Approved.SPECIAL EVENTS 2.15 Request from the Veterans of Foreign Wars to
conduct a POW/MIA program on September 20, 1997
at City Hall. (P1300.0.1O)FISCAL IMPACT: Minimal costs to the City
for use
of the Council
Chambers.ACTION: Approved.STREET NAME CHANGE 2.16 Request to approve Traffic Commission recommendation
to change the street name "C"Street to "Crest de Ville." The request is from
Crest de Ville Homeowner'
s Association.S4000.S.3.6)FISCAL IMP ACT: Funds in the amount of $1 00
for new signage are budgeted
in Account
No. 100-
CITY COUNCIL MINUTES March 11, 1997
2. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEP ARATEL Y)
2.17 Request Council approve recommendation from City Traffic Commission to rename
Crawford Canyon Road north of Chapman Avenue to Cannon Street and rename Loma
Street between Santiago Canyon Road and north city limits to Cannon Street.
S4000.S.3.6)
FISCAL IMPACT: Funds in the amount of $2,000 for new signage are budgeted in
Account No. 100-5032-427100 (
Contractual Services).In response to Councilman Spurgeon, the Director of Public Works explained
the only addresses affected by the name change in the City of Orange were Cannon
Street. There is no disruption to addresses in the City of Orange and the change will
provide continuity from Nohl Ranch Road to
Chapman Avenue.MOTION -
Spurgeon SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
to approve.MOTION -
Spurgeon SECOND - Murphy
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Item Nos. 2.3,
2.10 and2.17 were removed and heard separately. Item No. 2.3, Minutes of February 25, 1997
and Item No. 2.10 were continued to March 25, 1997. The remaining items on the
Consent Calendar were approved as recommended.END OF CONSENT CALENDAR
3. REPORTS FROM MAYOR
COONTZ 3.1 Eastern Transportation
Corridor Progress Report. (T2200.0.2)Mayor Coontz presented the
following report:Within weeks, our City
Council will select transportation improvement options for the year 2015. Nearly 2 million
more trips are projected in a 28 mile stretch which includes the westernmost boundary of the
City of Orange. We must determine the transportation modes and locations to accommodate these
trips.Planning that far ahead
is no different than what has taken place in our City's eastern sphere of influence, and I believe
it is time to take a few minutes for an update on one of the most significant transportation improvement in
the history of our Country.PAGE 7
CITY COUNCIL MINUTES March 11, 1997
3. REPORTS FROM MAYOR COONTZ (Continued)
The 24 mile Eastern Transportation Corridor was envisioned over 20 years ago to relieve
overcrowding on the 55 Freeway. With local support, including the City of Orange, the
Transportation Corridor Agencies or TCA's were approved by the State in 1986 to plan, design,
finance and construct the Eastern, Foothill and San Joaquin Hills Transportation Corridors as
tollways and to issue bonds.
Federal and State funding for transportation projects had decreased, so the Agencies set out to
create public/private partnerships. The Foothil1/Eastern Transportation Corridor Agency issued
1.5 billion worth of bonds in June, 1995, and successfully sold them in less than one hour at the
height of the Orange County bankruptcy - testimony to the confidence the financial community had
in the TCA.When
the Corridors are complete and all bond debt is repaid, the TCA will "sunset" or cease to exist.
Caltrans has oversight during project construction and receives all ownership and maintenance
responsibilities when the roads are complete and open to the public.These
are not the only unique features. The Eastern and San Joaquin Hills Corridors are the two largest
designlbuild highway contracts in the history of the United States. A consortium performs
design and construction work concurrently under a single contract, guaranteeing construction
prices and completion dates. This has been a successful approach as evidenced by the
early completion of the San Joaquin Hills Transportation Corridor last Fall and the anticipated
opening of the Eastern Transportation Corridor a year ahead of schedule in October,1998.
A
word picture would portray the Eastern Transportation Corridor as an inverted "Y" with its central
leg starting at the 91 Freeway, going south to Chapman Avenue and splitting in two directions
to form the West and East Legs. The West Leg will connect with Jamboree Road south
of the 1-5, while the East Leg heads to EI Toro through the Loma Ridge, south of Santiago
Canyon Road and out of our view but visible from the TustinlIrvine plain. The East Leg
connects to the Foothill Transportation Corridor, then travels along the west side of the EI Toro
Marine Base to connect with the 1-5 and the Laguna Freeway, SR
133.The ETC connectors to the 91 will soon be in place. Foundation and column construction
is underway at the Santiago Creek Bridge adjacent to Irvine Park. On the East Leg, construction
is progressing between Irvine Boulevard and Marine Way and at the ETC/I-5/SR
133 Interchange.But the most dramatic section of the Eastern Corridor construction involves the cut and fill
of 18 million cubic yards of earth from the Peralta Hills Ridgeline known as "Windy
Ridge". To visualize the magnitude of this excavation to date, imagine the amount of dirt that
would be contained in one a half million dump
truck loads.The West Leg is not moving as quickly due to ground water problems and we do not know
if it will open at the
early date.The anticipated early opening of the North and East Legs of the Corridor in October, 1998,
is of particular interest to Orange. Weare well aware that the Loma/Imperial and
Santiago Canyon
CITY COUNCIL MINUTES March 11, 1997
3. REPORTS FROM MAYOR COONTZ (Continued)
Road/Jamboree routes are used by motorists to bypass congestion on the 91 and 55 Freeways.
The interchange at Chapman will be adequate but not complete in its configuration until the
Eastern is completed to its ultimate width at a later date. This is also true of the entire East
Orange Interchange that creates the "Y" configuration.
The City of Orange has asked the TCA to study the effects of an early opening of the ETC on our
City's surface streets. The Traffic Study will put Orange ahead of any needed improvements if
the ETC is opened before the West Leg is completed.
For over a decade, the City of Orange has been intensely involved in the selection of Corridor
alignments through the tenure of four Mayors. We have been fiercely supportive of the addition
of the West Leg, keeping in mind the transportation needs of our City, adjacent cities and the
regIOn.
Also, in order to facilitate the widening of other freeways including 1-5, improvements to the
55 may be delayed for almost 5 years. This means that relief to its congestion will be
welcomed with the early opening of the Eastern. "Life's to short to sit in
traffic."As Mayor, I represent the City on the Foothil1/Eastern Transportation Corridor as I have in
one capacity or another since 1987. Mayor Pro- Tem Dan Slater is our Alternate
Member.Technical and policy sub-committee and Board Meetings take up a good deal of time for
both of us and for our staff. We want to assure you that we are diligent in bringing forth the
interests of the City of Orange, including the promotion of outreach meetings for the public at
large and especially the residents who live close to the new Corridors to answer their questions and
to let them know the benefits of
the Corridors."3.2 Request for a report on the future status of the unincorporated islands
within the City
of Orange.Mayor Coontz requested a report on the future status of the unincorporated islands
within the City of Orange. There are a lot of rumors out in the community in the county and
city areas about county islands and what the county has in mind. These islands are
county territory surrounded by a single city. The islands are EI Modena, Orange Park Acres and the
Olive area,and other smaller areas. The county is a municipal service provider to these areas;
the sheriff patrols and address their police problems; and they are serviced by the Fire Authority. It
is not always the most cost effective way of providing services and the county knows it.
Given the potential that the county will again look at pressuring some of these areas to annex to
cities, it was indicated that the City of Orange should be ready, if
that happens.The City Manager advised the Council that the City Manager's group has designated
a City Manager and an alternate to work on external restructuring issues. A committee
will be established with persons from the county who will represent the CEO's office. Contact
has been made with the committee requesting his participation to work with them on issues as
they arise.
CITY COUNCIL MINUTES March 11, 1997
3. REPORTS FROM MAYOR COONTZ (Continued)
MOTION - Mayor Coontz SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to request
staff to report back to Council in 60 days regarding:An inventory of
the islands, where they are, how many residents each contain, how many businesses or industries
fall within each island. Where there are businesses, staff is to identify them and
the types of products or services that they create.Include the process
by which an island would become annexed to a city, including voter requirements, hearings, and
LAFCo' s duties under annexation law. It was indicated that at this point, the
City is not considering annexing, but the City needs to know what is going on in the minds
of the county.Review and summarize
any recently introduced legislation that would change the annexation process if passed
by the legislature; and comment on any recent actions or trends that the county or LAFCo
regarding the county's alleged interest in getting out of the municipal services delivery process.
The City needs
to know what the financial burdens would be if the City was requested or forced to acquire
the islands. On the potential annexations, the City needs to follow with questions along the
same lines through a letter to the CEO of the County of Orange.4. REPORTS FROM
COUNCILMEMBERS - None 5. REPORTS FROM BOARDS,
COMMITTEES, AND COMMISSIONS 5.1 Reappoint Bob
Mickelson to the Community Video Advisory Board, term to expire February 28,1999. (ORI800.
0.28)MOTION SECOND AYES Murphy
Spurgeon
Murphy,
Slater,
Mayor Coontz,
Spurgeon, Alvarez
Approved.5.2 Reappoint Meredith J. Martini
to
the Santiago Library System Lay Advisory Board, term to expire February 28,1999. (
ORI800.0.3.21)Mayor Coontz requested a reportfrom the
Director of Community Services on the status of the Santiago Library System because some cities have
left.MOTION SECOND AYES Spurgeon Alvarez Murphy, Slater,
Mayor
Coontz,
Spurgeon,
Alvarez Approved.
PAGE 10
CITY COUNCIL MINUTES March 11, 1997
6. ADMINISTRATIVE REPORTS
6.1 Report from Police Chief Robertson on INS Immigration Legislation and
Implementation. (C2500.K)
Police Chief Robertson "As you recall, I believe it was two weeks ago we had a discussion on
Section 133 of the Illegal Immigration Reform and Immigration Responsibility Act of 1996.
What I have submitted to you is a written report which in fact outlines all six areas of that Act.
In reviewing this and we continue to review it, we're probably right now the only City or
municipality that has a complete copy of the Act, it was furnished to us by the Assistant Director
and currently the Acting Director, he's the Assistant Director of the Western United States for
INS and he's now the acting director for Orange County of INS John Brectal.
Weare currently evaluating all six sections to see if anything, any law changes, any laws that are
about to be implemented will help us in dealing with aliens that in this country illegally, that are
involved in criminal activity and also anything in the laws that will help us in fact help those
people in this country illegally, but no involved in criminal activity to prevent them from coming
victims of criminal activity. Most of my report focus Section 133 which in fact would allow,
through certain procedures, local law enforcement officers the ability to enforce immigration
law.
Given the relatively newness ofthe law, it was signed at the end of September, 1996. There is
still not a lot known about how the law will work. It requires some Memorandums of
Understandings with the State and the State with the Federal government. Unfortunately, I.N.S.
was probably not as thoroughly as consulted in the drafting of the law as they may have been,
and so they are still in the process of drafting a lot of the requirements and the requirements for
the M.O.U. They estimate approximately six months to one year for that to come to fruition.
John Brechtel in our meeting with him stated that because of our interest and some interests of
some other municipalities that this is probably going to speed it up, that there is not apparently
interest at the national level to go ahead and get this completed, apparently it had not been given
a real high priority.
Bascially, what I am seeking your guidance on after your review ofthe report is should we
continue to pursue this or do you want us to draft letters or do you want to draft letters to Janet
Reno encouraging that this process be moved along. We can draft a letter or you can draft a
letter to Doris Meissiner, Commissioner oflmmigration Naturalization Services. But primary in
that area - again, its hard for me to say yes, we need to pursue this because there could be some benefit
here to us in dealing with criminal aliens. It is hard to say yes and go full steam because there
is not enough yet known about the law."Mayor
Coontz stated that Congressman Cox brought this to Council in December, 1996 and spoke
briefly to the Council about it. After that, Mayor Coontz asked the City Manager ifhe would
request the Police Chief to do some research. It would be beneficial if Congressman Cox were
invited by the Council to come to a public meeting; make a presentation; and be available for
questions and give him some ideas. It was indicated that there is a lot of vagueness involved and
things that are not known or unclear, and clarification is needed. Perhaps there could be some
ideas on how to strengthen this section. Mostly, a message could be given to the White PAGE
11
CITY COUNCIL MINUTES March 11, 1997
6. ADMINISTRATIVE REPORTS (Continued)
House. Mayor Coontz indicated she does not feel entirely confident that this particular section of
the Act would be applauded or supported by Janet Reno, or perhaps even by the President. The
City Manager could address a letter, on Council's behalf, to Congressman Cox.
Police Chief Robertson: "I do know Mayor that when I was initially assigned by the City
Manager to do the research, we ran into, I don't necessarily mean it to be roadblocks, but there
was a whole bunch of people out there that did not know a thing this. When Councilman
Murphy approached me about the status of the research, I really did not have any information to
pass on. He put us in contact with the Congressman and it was his office that actually opened
some doors and steered us in the right direction to get the information that we do have. That may
be beneficial. In actuality, what also was beneficial was the fact that we brought this forward
publicly and they printed a newspaper story on it because then I had the Assistant Director for
the Western United States in my office within 24 hours."
Councilman Murphy clarified that not only is Congressman Cox familiar with the section of the
Code, he authored it as a part of the document. Councilman Murphy stated: "I believe, as has
been called out so far, that the way that this thing is really going to move forward is for us to step
out and take action. In my mind, the way to do that, is again, based on what I've seen, to adopt a
resolution and agreement in concept to move forward to participate in this 133 Subsection. You
could formalize it through a request to offer to be a pilot study, either as an individual entity, or
perhaps even part of a countywide effort. I know, as the Chiefhas indicated, there have been
several agencies, I have been contacted by a couple myself, as well, that are very interested in
sharing in this type of effort. I believe if we wait for letters without taking a stand as a City, and
demonstrating that we want to move forward with this, and we want to gain the assistance of
those parties involved that can expedite this, that we'll be on a longer path for it. I feel
unequivocally that it is an opportunity again for us to provide a tool to our police officers for
fighting crime.
My suggestion would be again, to adopt a resolution. That would allow letters to be covered on
that resolution to go to all the appropriate parties. I can also tell you from personal conversations
with the Congressman and his staff, they would welcome that and be willing to carry it forward,
much as has been indicated here. But it sets a stake in the ground, that subject to cost benefit
analysis cost review, that to me is the open item, that the City of Orange wants to move forward
with this and provide the tool. And with that, either in concert with other agencies, or perhaps
we will be the first to implement this, I believe that's the way we're going to get it done. So
many times we send letters and we talk about things; sometimes you have to step forward and
take the action and then deal accordingly. Just from the publicity so far, ifthe moves have been
made that we've seen over the last couple of weeks, I think that's dynamic progress and I feel
very confident that we'll have this before us from a financial standpoint very quickly. I think we
need to take the opportunity to gain the support and gain the help that has been offered to us
through the Congressman's office and through State offices as well."
Mayor Coontz responded: "I think you misunderstood me. I said an invitation, which isn't a
letter, it's not just a letter. I agree, which is why I offered the idea of an invitation for him to
come, ifhe is the author, and this is his district. I think that it would be beneficial for the people
PAGE 12
CITY COUNCIL MINUTES March 11, 1997
6. ADMINISTRATIVE REPORTS (Continued)
of this community to hear directly what it is, because otherwise there is going to be some
misunderstanding as to what direction we're taking. And, so, ifhe came, then at that point, we
could ask him what he suggests that we do. I think that the Council and the community should
have to have that benefit of speaking directly with him and asking him the questions. I think that
he would be very welcome here and I think he would agree to do that. So that was my
suggestion. That way, ifthere are any ideas from the community that need to be addressed, ifhe
can explain this at a forum, it is to his advantage, and to our advantage. Otherwise, just a
resolution, I think, is not going to do the job."
Mayor pro tem Slater commented: "I would certainly support sending a letter to Congressman
Cox inviting him to address our Council. At the same time, however, I really would like to see
us move forward on this aggressively. I see nothing wrong with Orange being at the forefront of
this issue. It is important. It has touched our City. Ifit could help in any way our Police
Department to do their job better; I think it has always been ridiculous that local police cannot
apprehend criminal illegal aliens, that the feds can only do that. I think that's ridiculous. I
would very much like to move forward with a resolution. I would like to move forward with the
recommendations suggested by the Police Chief in our staff report; and, at the same time also,
but not afterwards, invite Congressman Cox, ifhe likes to and has the time, ifhe would like to,
come and address our Council on this issue".
Mayor Coontz: "This would be a forum. In other words we would invite the public. I think that
is extremely important."
Councilman Alvarez commented: "Mayor Coontz, I would like to follow-up and support
your notion that we would send a letter. I think that's appropriate in terms of bringing him here.
In reading the Chief's report, it raised so many questions that the Chief is struggling for
answers.As a Councilman, I am also struggling for answers. In looking at them from my perspective,
just the questions that the Chief raises; this could be an expense that I don't know ifthe City'
s prepared to take on, number one. Number two, because the Chief has been so successful
with our community police program - that he is even quoted in the paper saying that this may be a
threat to that success. I am very concerned that I would rather see him proceed that way and
spend his time on the successes that he is building in the City, than take on a problem that is
much larger than the City of Orange. It is a scope that goes beyond the State of California. It's
not something that can be solved here. Thank you."
Councilman Spurgeon requested hearing the Chief's comments, based on the fact that what he
was attributed to saying in the paper versus our discussion right now, and requested the Chief's
comments be verbatim for the record.
Police Chief Robertson: "The quote is accurate. We would not want to implement any program
that would damage community policing. However, the intent, or at least our intent, is not so the
PAGE 13
CITY COUNCIL MINUTES March 11, 1997
6. ADMINISTRATIVE REPORTS (Continued)
Orange police officers can run out there and arrest people for being in this country illegally.
What our intent is, is those people that are in this country illegally, who are involved in criminal
activity, we would like the ability to arrest. It is a tool to remove criminals from this community,
which I feel a very strong obligation to follow up on. If it is presented to the Police Department
that we are to get involved in sweeps and that type of thing, than I would be adamantly against
this. That is not the intent. The intent is unfortunately there are enough people in this country
illegally involved in crime that we would like the additional tool and, in all honesty, the
additional protection, that the federal immunities allow in dealing with the problem.
I do not want to see a tragedy here which I saw in Anaheim where one of their officers was shot;
one of our officers was recently almost shot by somebody who is in this country illegally
involved in gang activity. That is the intent. I do not want to see anything damaging community
policing; it has been immensely successful here; we think it will be very successful. I think that
most people will tell you that the illegal immigrants are also preyed upon by other illegal
immigrants, the criminal element, and that they would like to see something done about this. But
naturally, they would be concerned if all of a sudden we had that ability, just like an I.N.S. agent,
to take them out. That is not our intent; we want to focus on those illegal immigrants involved in
criminal activity."
Mayor Coontz commented as Mayor, what I am trying to do is to get the varying ideas and
positions of the Council together so that we can come up with something that makes sense. One
ofthe difficulties that I have with the resolution is what that resolution is going to say. A
resolution can just say we support the idea, ideas put forth in this Act, and we would like to
pursue it. A resolution can say just about anything, which is why I thought it was important to
ask the Congressman to visit.
The other thing is, what we need to do, is formulate a number of questions. You've proposed
some of them but I'm sure there is a longer list, and perhaps what we could do is, in fact I would
suggest this, constitute a list of questions. I have questions about who pays. I have questions
about what the expectations would be. Would this be one officer acting in that regard or would it
be more than one. You know, there is so much for us to know. And, therefore, you know, often
times a resolution is not worth the paper it is written on. I would rather be more direct, get the
gentleman here, and ask him the tough questions that we need to ask so we can proceed with this.
I guess my point is, a letter of support for Congressman Cox's involvement in this, asking him to
come out with a list of questions that we would ask him and advertise this as a forum, so he has
the opportunity to express himself and to perhaps bring a number of people with him who could
answer the questions. Because what we are doing right now is we are sending letters back and
forth, and you are on the phone quite a bit, and we need to get this whole thing altogether. So
that would be my recommendation. I think it would encompass everything that everybody wants
to do.
PAGE 14
CITY COUNCIL MINUTES March 11, 1997
6. ADMINISTRATIVE REPORTS (Continued)
Police Chief Robertson: "Well, there is certainly a lot of unanswered questions, and I certainly,
as you're aware, ifit is going to be a community forum, I certainly like community input. We
represent the community and I'd like to hear what they have to say."
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, expressed concern with moving
forward on the issue with a lot of unanswered questions; the training of the officers; and what
will be done with the illegal immigrants involved in crime once they are arrested.
Councilman Murphy: "I would like to respond to that statement, fIrst, if I could. I agree from
the standpoint of the cost benefit analysis required with this, but I still push towards doing
something more than the community forum. The community forum is a great idea and it is a part
of the process. But if we do things in parallel, rather than in sequence, the accomplishments will
be much greater."
MOTION
SECOND
AYES
NOES
Mayor Coontz
Alvarez
Mayor Coontz, Alvarez
Murphy, Slater, Spurgeon
NOTE: Motion failed.
Moved to:
a) Send a clear message of support and open invitation to Congressman Cox, a letter that will be
published in the paper inviting him to come to the City of Orange and to bring whatever
assistance he needs to bring in the way of staff from varying agencies to an open forum, so that
he can make the presentation on what he had in mind with this particular section of the act, and
any other issues in the act,
b) The letter is to include a list of the questions that we have at this time, (I'm sure there are a
number of them available, the Chief has referred to some, we have referred to a number of them,
as has the public),
c) At a future time, if we want to work on a resolution or any other activity, we can do that.
Mayor Coontz: "This is not to mean that we cannot pursue the activities we are already pursuing
at the same time in gathering information. One of the difficulties that we are having is that we
are in the height of the budget season, and our people are working ten and twelve hours a day to
put the budget together. So, I think that we ought to be very concise about what it is that we
want from Congressman Cox; recognize the staff time that is going into this and the fact that this
is something that we don't have to do tomorrow; and we need to sift through it a little bit, so it
comes out the way it should. Look what happened to 187 that we all supported. 187 is going
down the tubes, one piece at a time. I think this legislation is important enough that we don't
want that to happen. So we need to move carefully, and that is my motion."
PAGE 15
CITY COUNCIL MINUTES March 11, 1997
6. ADMINISTRATIVE REPORTS (Continued)
Councilman Murphy: "I won't be supporting this motion as it stands because I don't think it
goes far enough to what we need to do today. And I will be providing an alternate motion,
should this one fail, or an adjunct motion, should this one pass, that incorporates the ideas of the
community forum. I believe it is a great one, but I believe we need to take this step forward now,
for the resolution as well, subject to cost benefit analysis, and I have some other suggestions for
wording when that motion comes forward."
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon NOES - Alvarez Moved
to:1. State
in resolution
form, the City's position, support and interest in implementation of Section 133 ofthe Illegal
Immigration and Immigration Reform Act of 1996 subject to a cost benefit analysis and other
issues raised as part ofthe Chief of Police's staff report as follows:a) Maintain contact with
Congressman Cox's office, both locally and in Washington,D. C. They have
pledged to provide us with any assistance we need or ask for.b) Maintain contact with
both the California and United States Attorneys' General offices.c) Evaluate the
need
to draft letters to Doris Meissner, the Commissioner of the Immigration and Naturalization Service;
and Janet Reno, the United States Attorney General, for assistance.d)
Continue liaison with
the I. N. S. For status on the M.O.U. and training program.They have also pledged
to support us in any way they can.2. Formally request, as
a Council, to request through appropriate agencies, to act as a pilot program for the law,
either individually or as a part of a countywide effort, should that be deemed more appropriate 3.
Include the idea
of an invitation, the request for a community forum, making this available to the public at large
in order to gather the facts on the law and assemble an opinion on that benefit analysis and how it
affects the City of Orange.Councilman Murphy: "I feel
it is very important to take this opportunity to provide this very effective tool to deal
with criminals.In response to Mayor
Coontz's question on timing for the information regarding cost,Councilman Murphy indicated the
anticipated timing on obtaining information regarding the costs would be as
soon as humanly possible. It is his be1iefthat it will be much shorter than six months on the basis
of the progress that has been seen already.PAGE 16
CITY COUNCIL MINUTES March 11, 1997
7. REPORTS FROM CITY MANAGER
OFF AGENDA ITEM
The City Manager announced that beginning with the March 25, 1997 meeting, the City will be
reestablishing the employee recognition awards for years of continuous service.
Mayor Coontz suggested instituting an Employee of the Month program.
8. LEGAL AFFAIRS
8.1 ORDINANCE NO. 2-
97 An Ordinance of the City Council of the City of Orange amending Chapter 10.06 of the
Orange Municipal Code regarding the City Traffic Commission. (A2500.0 City Traffic
Commission)MOTION - Murphy
SECOND - Slater AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
Ordinance No. 2-97 be read by title only and same was set for second reading by the preceding
vote.9.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10.
ORAL PRESENTATIONS Patrick
Roberts, 291 N. Shaffer, requested Council consider allowing his recently installed satellite
dish in front of his home, indicating he received a letter from the Planning Commission stating
that it does not meet code requirements.Mayor
Coontz referred Mr. Roberts to the Director of Community Development.Carole
Walters, 534 N. Shaffer, commented on satellite dishes in the community; suggested a study
session be held to address the law on satellite dishes; and expressed concern with the Pitcher
Park lights shining onto the street and sidewalk.John
Volkoff, 365 No. Cleveland, commented on the Telecommunications Act of 1996 which does
not allow any city to pass a law outlawing the use of satellite dishes by citizens.Barbara
DeNiro, (address on file), thanked Council on what was done on the criminal illegal immigration
issue; commented on satellite dish issue addressed by Mr. Roberts; asked if the dish is
in the same area where a tree was removed across the street; thanked the Council for removing the
weeds at Southern California Presbyterian Homes property; and asked if Old Towne guidelines
supersede any other communication law, federal or otherwise.PAGE
17
CITY COUNCIL MINUTES March 11, 1997
10. ORAL PRESENTATIONS (Continued)
Mayor Coontz indicated she contacted Bob Mickelson and arrangements had already been made
to remove the weeds.
11. RECESS
NON-AGENDA
ITEM The Interim City Attorney requested that Council consider an item pursuant to Government
Code Section 54956.8 - real property negotiations concerning the acquisition of the leasehold interest
in real property located at 2 City Blvd, East Orange, Room 180 - Mills Property; Negotiating parties:
Orange Redevelopment Agency and Dr. Howard Austin. Under consideration will be establishing
the price, fair market value, and the terms.MOTION -
Mayor Coontz SECOND - Murphy
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved that the urgent
request be added to the agenda as the need to take action arose subsequent to the posting ofthe
agenda.MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy, Slater,
Mayor Coontz, Spurgeon,
Alvarez In addition to the Urgent Item listed
above, the City Council recessed to Closed Session at 6: 10 p.m. for the following purposes:a.
Conference with Legal Counsel pursuant to
Government Code Section 54956.9 - existing litigation.The State of
California vs. City of Orange,
Orange County Superior Court Case No.7709 15.b. Public Employee release pursuant Government
Code Section
54957.c. Public employee performance evaluation pursuant to Government
Code Section 54957: City Manager To consider and take possible
action upon such
other 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.RECONVENE - The City Council reconvened
from Closed
Session at 7:03 p.m.PAGE 18
CITY COUNCIL MINUTES March 11, 1997
7:00 P.M. SESSION
12.1 INVOCATION
Pastor Carl Floyd, Orange Christian Assembly
12.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Spurgeon
12.3 ANNOUNCEMENTS - None 12.
4 INTRODUCTIONS - None 12.5
PROCLAMATIONS - None 12.6 PRESENTATIONS -
None 13. PUBLIC HEARINGS 13.
1 AMENDMENT NO.
1, SERRANO HEIGHTS SPECIFIC PLAN, (ZONE CHANGE 1183-96), AMENDMENT NO.
2 TO SERRANO HEIGHTS DEVELOPMENT AGREEMENT; CALIFORNIA QUARTET,
A CALIFORNIA LIMITED PARTNERSHIP Time set for
a public hearing on petition by California Quartet, A California Limited Partnership,proposing to amend
the Serrano Height's Specific Plan and Development Agreement to allow for the construction of
Serrano Avenue to occur in two phases. In addition, there are other proposed changes to the
documents which relate either to the phasing of Serrano Avenue or involve general clean-up
of the documents to reflect Municipal Code and/or to clarify the intent of an existing section. (
C2300.J)The project,
commonly known as "Serrano Heights", is located on both sides ofthe planned extension of
Serrano Avenue (which will connect those portions of Serrano Avenue in Orange,east of
Loma Street, and in Anaheim, south of Noh I Ranch Road).NOTE: Environmental
Impact Report (EIR) #954 and Supplemental EIR #1305 were previously prepared and
certified as complete. An addendum to the previous EIR's has been prepared and is available for
public review and comment.The Planning
Manager presented a brief overview ofthe past history of the project. The proposed amendment
to the Specific Plan and Development Agreement would allow the construction of
Serrano Avenue in two phases. Other proposed changes would modify the beginning construction
time frame from November, 1997 to November, 1998; would require Serrano Avenue
to be completed by the year 2004, or the 1000th unit, whichever comes first;requires that
property owners post performance bonds and additional security to protect against a default in
performance; and would modify the language to the Specific Plan Fuel Modification Program Section
to insure that the City's Fuel Modification Plan is applied to this project. The applicant is
not asking that any of the site development plans change. It is recommended that the PAGE 19
CITY COUNCIL MINUTES March 11, 1997
13. PUBLIC HEARINGS (Continued)
City Council approve the First Amendment to the Specific Plan and a Second Amendment to the
Development Agreement subject to 105 conditions.
A letter was received from the adjoining property owner, Woodcrest/Loma Associates and the
Tracy Building Corporation regarding the signatory to the Development Agreement and Specific
Plan Amendments. Neither California Quartet or TracylWoodcrest will be required to sign any
amendment requests. A second letter was received, and entered into the record, from the Orange
Unified School District, desiring further mitigation from the project to resolve school issues.
Condition 91 insures that the school issues are resolved, but are resolved between the Orange
Unified School District and the property owner.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Frank Elfend, Elfend and Associates, 610 Newport Center Drive, Newport Beach, on behalf of
California Quartet, indicated that California Quartet will maintain the term of the Agreement and
provide the City with additional financial guarantees that were not provided earlier. The
proposal was discussed and supported by the Mabury Ranch Homeowner's Association and the
Orange Park Acres Homeowner's Association. The Anaheim Hills Citizen's Coalition indicated
they had no comments regarding the phasing of the road. Mr. Elfend referred to the letter
received from the Orange Unified School District, indicating the District has taken every
opportunity to renegotiate prior agreements, rather than the signed agreements which have been
executed with the District in previous applications.
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, spoke in support ofthe project.
Bob Mickelson, 121 W. Rose, on behalf ofWoodcrest/Loma Associates, explained his original
concern with the signature requirement and the affect it would have had on Area 20, the property
owned by W oodcrest/Loma Associates. He is now satisfied that Woodcrest/Loma Associates
can proceed on their own signature. The signature of California Quartet is not required, nor does
California Quartet require the signature ofWoodcrest/Loma Associates. Mr. Mickelson
indicated he has no objection to the project.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
Councilman Slater expressed his support of the project. It was requested that the Interim City
Attorney explain his memo to the Council, specifically Item No.2, which addresses Anaheim's
litigation over soil subsidence.
The Director of Public Works reported that the entire hillside area has varying degrees of adverse
soils and geologic conditions. The City's grading ordinance and grading provisions of the
Uniform Building Code provide requirements for soils report, geologic reports, and place the
responsibility for developing appropriate recommendations upon the property owner, developer,
and the consultants they hire. There is no guarantee that there will be no problems; the potential
PAGE 20
CITY COUNCIL MINUTES March 11, 1997
13. PUBLIC HEARINGS (Continued)
is minimized by the requirements to perform the soils and geologic test prior to construction,
develop mediation measures, and removing or controlling the adverse soils conditions in the
development areas. The City's role is to insure that the consultants exercise due diligence in
preparing their reports, monitoring the progress of the work, and that appropriate final soils
reports and certifications are provided that the work has been done in accordance with their
recommendations. It is not felt that the risks are any greater for this project than they are for
projects that have already been approved in the hillside area.
Mayor Coontz commented that the City of Orange has been ahead of many other cities, probably
most cities in Orange County, by the ordinances that have been instituted in the City of Orange
from hillside grading to landscaping requirements.
The Interim City Attorney indicated that the City could choose to attempt to require additional
financial assurance, however, the experience throughout the county has been that it has not been
available or practicable. It was suggested that the City consider requiring private utilities, private
slope maintenance, and private streets in the area, so that the City has not accepted a dedication
ofthose improvements, which do give rights to liability. Another suggestion would be to have
an independent geologist review the soils report, at the developer expense, so there would be
another level of defending against negligence claims. Also, a CC&R's provision on
indemnification and waiver that would run with the property; the purchaser would then buy
subject to that. The purchaser would have to indemnify the City, having not only his own
maintenance obligations, but look out for the City's interest also. Some ofthese matters may be
able to be handled with the tract map approvals, which are still coming.
Frank Elfend, responded the City has already approved the project. The Development
Agreement is only being amended regarding the phasing of Serrano Avenue. It was indicated
that he is not aware of any particular landslide problems on the site, other than those addressed
by the Public Works Director associated with hillside development. Mr. Elfend indicated that
expired tentative tract maps will be resubmitted to Council and the issues will be addressed at
that time.
Mayor pro tem Slater stated he is comfortable as long as there is another area in which it can be
reviewed again, and expressed his support ofthe Interim City Attorney's suggestion of hiring an
independent geologist to also take a look at the project.
Frank Elfend concurred with Mayor pro tem Slater.
PAGE 21
CITY COUNCIL MINUTES March 11, 1997
13. PUBLIC HEARINGS (Continued)
MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
the Environmental Impact Report (EIR) #954 and Supplemental Environmental Impact Report #
1305. They were both previously prepared and certified as adequate. An Addendum
to the environmental impact reports has been prepared for the subject project proposal. Based
on the Planning Commission Resolution No. 7-97 and staff recommendation, find
that:1) The
proposed amendments are within the scope of Final EIR #954, Supplemental EIR #1305 and Addendum (
dated 1/12/97); and 2) Final
EIR #954, Supplemental AIR #1305 and Addendum (dated 1/21/97) adequately describe and
address the environmental affects and feasible mitigation measures associated with the
project; and 3) Final
EIR #954, Supplemental EIR #1305 and Addendum (dated 1/21/97) meet the requirements of
the California Environmental Quality Act.MOTION - Mayor
Coontz SECOND - Murphy AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to accept the recommendations
of the Planning Commission that the proposed plan is consistent with the City's
General Plan; and approve Amendment No.1 to the Serrano Heights Specific Plan (Zone Change 1183-
96), subject to all conditions as listed in the Planning Commission Resolution No. PC-
8-97 MOTION - Mayor
Coontz SECOND - Murphy AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to accept the finding
of the Planning Commission as listed in Planning Commission Resolution No. PC-9-97
to approve Amendment No.2 to the Serrano Heights Development Agreement and make
the following findings:1. Agreement is
consistent with the General Plan and Specific Plan.2. Agreement is
compatible with the site's zoning and permitted land uses.3. Agreement is
in conformity with public necessity and public convenience; consistent with good land use
practices; and is beneficial to the health, safety and general welfare of the community.4. Agreement
will
not adversely affect the orderly development of the City.PAGE 22
CITY COUNCIL MINUTES March 11, 1997
14. PLANNING AND ENVIRONMENT - None 15.
ORAL PRESENTATIONS Bob
Bennyhoff, 10642 Morada Drive, Orange Park Acres, commented that the hillside grading ordinance
provides the foundation to prevent some of the issues raised by the Interim City Attorney.
Mayor
Coontz indicated that members of Council and staff had visited several hillside developments
throughout the county, including Anaheim Hills, and saw the way their projects were
put together. It is felt that the City of Orange has a strong hillside grading ordinance.16.
ADJOURNMENT MOTION -
Mayor Coontz SECOND - Murphy
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez The City Council adjourned
at 7:40 p.m. to an Adjourned Regular Meeting, March 18, 1997 at 5:00 p.m.
in the Weimer Room regarding the 1997/98 Budget and reconvene at 7:00 p.m. to consider the abandonment of
Orange Street.CASSANDRA J. ~THCART, CMC
CITY CLERK PAGE 23