08-12-1997 Council MinutesAPPROVED BY THE CITY COUNCIL ON AUGUST 26, 1997
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
August 12, 1997
The City Council ofthe City of Orange, California convened on August 12, 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
Led by Councilman Spurgeon
1.2 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.3
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS A $1,
000 grant was presented to the Police Department by Steve Satuloff and Don Hanalin from
Target Stores.Adrienne Gladson,
President ofthe Orange Historical Society, presented their book entitled: Orange -
The City 'Round the Plaza and donated copies to the Orange Public Library and the
Sister City Association. The Council and the citizens of Orange were invited to a
book signing by Phil Brigandi, author ofthe book, on Sunday, August 24th at PI's on
the Plaza. (OR1800.15)1.4 PROCLAMATIONS
Proclamations were presented
to Jerry Gates, representing Beazer Homes, and Val Celestin and Diane
Jensen, representing HomeAid Orange County, recognizing their participation in the
Casa Teresa Project, a coalition of public, private and non-profit sectors. (P2000.
0)2.CONSENT
CALENDAR Tape 550 2.1
Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of
a regular meeting of August 12, 1997 at Orange Civic Center, Main Library,Police facility
at 1107 North Batavia and 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 ofthe City Clerk.PAGE 1
CITY COUNCIL MINUTES August 12, 1997
2. CONSENT CALENDAR (Continued)
2.2 Request Council confirmation of warrant registers dated July 22,25, and 31, 1997.
ACTION: Approved.
2.3 Request approval of City Council Minutes, Regular Meeting, July 22, 1997.
ACTION: Approved.
2.4 Consideration to waive reading in full of all ordinances on the Agenda.
Carole Walters, 534 N. Shaffer, requested an explanation ofthis item; suggesting
Ordinances be read in full for the benefit of citizens.
The City Attorney explained this eliminates the need to address waiving the reading in
full on each ordinance on the agenda. State law requires that Ordinances be read in their
entirety without such wording. Due to the length of some Ordinances, it is felt the
general concept of an Ordinance is best presented in summary form.
ACTION: Approved.
AGREEMENTS
2.5 Request Council approve a cooperative agreement with the County's Integrated Waste
Management Department (IWMD) for acquisition of right-of-way for
Cannon (Loma)road and bridge widening. (A2100.
0 AGR-2869)FISCAL IMP ACT: Funds in the amount of $50,000.00 are budgeted
in the Capital Improvement Program and available in Account
No. 271-5011-
483300-3819 (Special Gas Tax Construction).ACTION: Approved agreement and authorized Mayor
and City Clerk to
execute on behalf of the City.2.6 Request Council approve a cooperative agreement
with the County's Integrated Waste Management Department (IWMD) for release
of deed restrictions on right-of-way for widening the south side of Chapman
Avenue from Santiago
Creek (I-55) to Yorba Street.A2100.0 AGR-2870)FISCAL IMPACT: Funds in the
amount of$150,000.00 are budgeted in the Capital
Improvement
Program and available in Account No. 285-5011-483300-3023 (TSIP Area
C).ACTION: Approved agreement
and authorized
CITY COUNCIL MINUTES August 12, 1997
2. CONSENT CALENDAR (Continued)
2.7 Request Council approve Cooperative Agreement SP-3193 between the City of
Orange and the Orange County Public Facilities and Resource Department for
construction inspection services on City projects. (A2100.0 AGR-
0156.C)FISCAL IMPACT: The proposed agreement has no immediate fiscal impact.
Funds are budgeted and available in the
following accounts:520,889.79 262-
5011-483300-4024 (Measure M)1,006,
120.00 262-5011-483399-4024 (Measure
M)260,000.00 271-5011-
483300-4024 (Special Gas Tax)310,500.00 272-5011-483300-4024 (Gas
Tax)ACTION: Authorized the City Manager to negotiate and execute on behalf ofthe City.
2.8 Request Council approve a consultant agreement with Orange County Youth
and Family Services for graffiti prevention and youth counseling services. (A2100.
0 AGR-2125.D)FISCAL IMPACT: Compensation under this agreement shall not exceed $75,
000.Funds in the amount of $55,000 are budgeted in Account
No.1 00-4032-427800-1335 General Fund, Gang Unit program,
Consultant Services). The remaining $20,000 is funded through a Community Development
Block Grant. (A2100.0
AGR-
2125.D)ACTION: Approved agreement and authorized Mayor and City Clerk to
execute on behalf of the City.APPROPRIATIONS 2.9 Request
Council approve additional carryover appropriations for projects budgeted in Fiscal Year 1996-
97 to Fiscal Year 1997-98. (C2500.J.
1)FISCAL
IMPACT: Funds have been appropriated and reserved in Fiscal Year 1996-97 budget
and are available and recommended for carryover.ACTION: Approved.2.10 Request
Council approve appropriation and expenditure of funds to seismically retrofit the Fire Headquarters,
the Corporation Yard building and the Warehouse. (C2500.H)
FISCAL IMPACT: Funds in the amount of$187,132 appropriated from General Fund,Unappropriated Reserves, to Account
No. 500-3081-481105-
2974 (City
Building Seismic
CITY COUNCIL MINUTES August 12, 1997
2. CONSENT CALENDAR (Continued)
CLAIMS
2.11 CLAIMS FOR DAMAGES FROM:
a. Michael R. Caffrey
b. Jesse Jay Thompson
FISCAL IMPACT: None.
ACTION: Denied claims for damages and referred to City Attorney and Adjuster.
C3200.0)
CONTRACTS
REMOVED AND HEARD SEP ARATEL Y)
2.12 Request Council award a contract in the amount of $14,988.00 to Med-Tox, Inc.
of Anaheim, CA., for demolition and right-of-way clearance at 127 East
La Veta Avenue and building remodeling at 492 South Orange. Bid No. 978-04;
SP
3200. (A2100.0 AGR-2871)FISCAL IMPACT: Funds in the amount of$14,988.00 are
budgeted and
available in the following accounts:8,243.40 - 271-5011-483399-3017 - (
Glassel1/La
Veta Critical Intersection-Special Gas Tax Construction)6,744.60 - 271-
5011-483300-
3017 - (GlasselllLa Veta Critical Intersection-Special Gas Tax Construction)NOTE: Mayor pro tem Slater
abstained due to
a property interest
near this location.MOTION - Murphy SECOND - Coontz
AYES - Murphy, Mayor
Coontz, Spurgeon, Alvarez ABST AIN- Slater ACTION: Approved contract and authorized Mayor and
City Clerk to
execute on behalf of the City.2.13 Request Council approve renewal of
contract for the Employee Assistance Program R.E.A.C.H.) through CareAmerica effective July
1, 1997 throughDecember
31, 1998.A2100.0 AGR-1823.I)FISCAL IMPACT: Funds in the amount of $20,
000.00 have been budgeted for this program in Account
No. 100-
CITY COUNCIL MINUTES August 12, 1997
2. CONSENT CALENDAR (Continued)
ACTION: Approved contract renewal and authorized Mayor and City Clerk to execute
on behalf of the City.
2.14 Request Council: 1) deny claim from second low bidder, Sully Miller Contracting Co.,
that low bid is invalid; 2) appropriate $50,000 from Account No. 271-36000 to
Account No. 271-5011-483300-4024 (Construction
Contingencies, Contract Administration and Inspection Costs); and 3) award a contract in the amountof $1,833,982.41
to R. J. Noble Company for street rehabilitation improvements for Tustin Street from
Collins A venue to Bixby Avenue. Bid No. 978-03,
SP 3193. (A2lO0.0 AGR-2872)FISCAL IMP ACT: Funds are budgeted
and available in the following accounts:520,889.79 - 262-5011-483300-4024 (
Measure M); $1,006,120.00 - 262-5011-483399-4024 (Measure
M); $ 260,000.00 - 271-5011-483300-
4024 (Special Gas Tax);310,5lO.00 - 272-5011-483300-4024 (Gas Tax)Carole Walters,
534 N.
Shaffer, asked why R. J. Noble Company seems to always be awarded contracts?The Director
of Public Works explained that State law requires the City to award
the contract to the lowest responsible bidder. Local companies usually have an
advantage and are more competitive due to the closer proximity to
the work.ACTION: Denied claim, approved appropriation,
and authorized Mayor and City Clerk to execute contract on behalf ofthe City.2.15 Request Council award
a contract in the amount of $43,860.00 to Baxter-Griffin Co. for
Bid No. 967-34 and appropriate funds for the modification of traffic
signals at the following locations: Signal Modification - Left Turn Phasing at Orangewood Ave.
at Eckhoff St.; and Modification of PED Indications at Orange-Olive Rd. at
Meats Ave.;Glassell St. at Riverdale Ave.; Katella Ave. at
Main St.; GlasselllTaft at Orange-Olive Rd.;
and Glassell St. at Walnut Ave. (
A2lO0.0 AGR-2873)Funds be
appropriated in the following accounts:
550-5032-483100-6136 $34,360 -
Orangewood/Eckhoff 550-5032-483lO0-6199 1,
500 - Orange-Olive/Meats 550-
5032-483lO0-6198 1,800 - GlasselllRiverdale 550-5032-483lO0-6197 1,600 - Katella/
Main 550-5032-483100-6196
2,500 -
CITY COUNCIL MINUTES August 12, 1997
2. CONSENT CALENDAR (Continued)
ACTION: Approved appropriation of funds and authorized Mayor and City Clerk to
execute on behalf ofthe City.
GRANTS
2.16 Request Council accept a $1,000 grant from Target Stores to the Orange Police
Department to be used to soundproof and otherwise upgrade the Police Department
interview rooms and approve appropriation. (C2500.K)
FISCAL IMPACT: None.
ACTION: Accepted grant and approved appropriation of$l,OOO to Account No. 100-
4031-481200 (General Fund-Police
Detectives-
Building Improvements).PERMITS 2.17 Request for a permit allowing the Greubel Co. to commence dirt
hauling operations of approximately 40,000 cubic yards of fill material at the senior
housing project proposed at the southwest corner of Newport Blvd. and Chapman Ave. (
C2500.M.20)FISCAL
IMP ACT: None ACTION: Approved, subject to conditions
recommended
by staff.RESOLUTIONS 2.18
RESOLUTION NO. 8803 A Resolution of the City Council of the City of Orange
expressing appreciation to Alan Bums for his service as Interim City
Attorney. (C2500.
B)ACTION: Approved.2.19
RESOLUTION NO. 8806 A Resolution of the City Council of the City of Orange expressing
appreciation to Gary A. Culp of the Orange Fire Department and commending him for
more than thirty-five years ofloyal and
dedicated service. (
C2500.H)
CITY COUNCIL MINUTES August 12, 1997
2. CONSENT CALENDAR (Continued)
SPECIAL EVENTS
REMOVED AND HEARD SEPARATELY)
2.20 Request from the Downtown Orange Business & Professional Association to conduct an
outdoor Antique Faire & Sale in the streets of the Plaza on Sunday, November 2, 1997
from 8:00 a.m. to 4:00 p.m.; and to close the Plaza on November 2, 1997 from 3:00 a.m.
to 8:00 p.m. (P1300.0.9)
FISCAL IMP ACT: None. A check for $500 has been received as bond for any City
services that may be required.
NOTE: Councilman Alvarez abstained due to a property interest near this location.
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon ABSTAIN- Alvarez ACTION:
Approved.TRACT
MAP 2.
21 Request
Council approve for recordation final Tract Map Nos. 15371 and 15443, Hewes Avenue and Rancho
Santiago Boulevard - Polygon Communities, Inc. (Continued from July 22, 1997) (T4000.
0 TRM-15371)FISCAL IMP ACT:
None.ACTION: Approved.MOTION -
Spurgeon SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Item Nos. 2.12 and 2.
20 were removed and heard separately. The remainder ofthe Consent Calendar was approved as recommended.
END OF CONSENT CALENDAR 3. REPORTS
FROM MAYOR COONTZ - None
4. REPORTS FROM COUNCILMEMBERS - None 5. REPORTS
FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
PAGE 7
CITY COUNCIL MINUTES August 12, 1997
6.REPORTS FROM CITY MANAGER Tape 740
6.1 Update on Orange Disposal Service/Orange Resource Recovery Systems.
The City Manager reported the three key objectives are to keep rates low; ensure uninterrupted
service; and to get back any money owed the City. Progress since the July 22, 1997 Council
meeting includes: 1) Comprehensive solid waste assessment and change recommendation
development project got underway and a project plan was completed; 2) City staffmet with
ODS/ORRS representatives to discuss their response to the City's Notice of Default and other
contract issues. Staff is now developing the City's formal response to ODS/ORRS's response to
the notice; and 3) Advertising for members of the new Audit Committee began with applications
due August 21, 1997. If a sufficient quality of applications are received, it is anticipated City
Council action on the Audit Committee selection could occur in September.
Carole Walters, 534 N. Shaffer, expressed concern and requested an investigation on mandated
recycling rates; the League of Cities may not be looking at the best interest of the citizens; and
there may be a potential conflict with the ODS/ORRS attorney's son lobbying in Sacramento.
Harry Astor, 333 City Blvd. West, Orange, general counsel for ODS/ORRS, commented that
ODS/ORRS continues to serve the community under the terms oftheir contracts and appreciates
the business-like approach that staff has taken in resolving pending
issues.6.2 Report on the establishment of City Internal Audit Function and the related
budget for personnel and operations. (Continued from July 22,
1997)NOTE: The City Manager requested this item be continued to August 26,
1997.MOTION - Spurgeon
SECOND - Alvarez AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
continue to August 26, 1997.6.3
Report on a proposal to enter into a 4-year, performance-based agreement with
Business Records Corporation (BRC) for information technology facilities management
services. (A2100.0 AGR-0978.
C)NOTE: Councilman Murphy excused himself and stepped down from the dais on this item
due to his employment in a related
industry.The City Manager reported the Warner Group, an independent private computer consulting
firm,presented Council and staff with their assessment of the system in April, 1997. The
Warner Group has no ties to the City, BRC, Time Warner Corporation, or any person at the
City.PAGE
CITY COUNCIL MINUTES August 12, 1997
6. REPORTS FROM CITY MANAGER (Continued)
The Assistant to the City Manager gave a computerized presentation and described the proposed
contract with BRC. The monthly cost of the contract is $81,361; or $976,332 annually.
Councilman Spurgeon commented for the record: "I am leaning very heavily in terms of
supporting this, with the understanding to set a time, one of these years, where we reevaluate
again whether we go internally or whether we go out to bid, if we don't do it internally. It is a
very sensitive area for any municipal government or public entity to deal with."
Councilman Alvarez suggested a policy be developed in the future in making a determination
when consulting firms should assist with a contract or when the competitive bid process is
needed.
In response to questions and issues raised by Councilmembers, the Assistant to the City Manager
responded:
As contract administrator, emergency situations are immediately brought to his attention by
BRC; quarterly performance reviews allow for testing and analyzing measurement times of
certain systems; and surveys are performed relative to the adequacy of their services.
The FMIS system was developed by BRC and was brought to the City. The City has paid,
and will continue to pay in-kind, a licensing fee to be able to use the system. The City
will make a contract amendment with BRC which will no longer require BRC to maintain
or provide programming support for the FMIS system and switch their responsibilities to an
off-the-shelf brand for the new
finance system.The Internal Audit Manager position will not interact directly with BRC in the
service they will be providing. As contract administrator, the Internal Audit Manager would
review the work and oversight of the contract. The City Manager indicated any contract
that requires contract performance is subject to the review ofthe internal
audit function.The proposed performance based contract has projects that BRC must
perform before receiving payment; the work performed
is measured.A Request for Proposals would cost approximately $50,000 and would take at least
6 months.A small number of companies provide this service; SCT is a company that
competes with BRC in
other states.The City Attorney explained the "additional insured" provision on the
insurance certificate required ofBRC would apply to any conduct by BRC which results in the City becoming
a part ofthe suit, based on the premise it occurred on
City property.Adele Graves, (address on file) asked how the City and BRC are prepared for the
year 2000;suggested staff computer training be done a week at a time; management should
encourage staff to attend; and why is Windows 95
being installed?The Assistant to the City Manager explained the year 2000 assessment is part of the
project list in the proposed contract and must be performed by BRC by the end ofthis fiscal
year. Training is underutilized due to time constraints on staff, and it is management's goal
to continue
CITY COUNCIL MINUTES August 12, 1997
6. REPORTS FROM CITY MANAGER (Continued)
encouraging attendance at the training. Windows 95 is already installed on most of the
computers; it is still a very viable system; and will be part of the evaluation in moving forward.
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, urged Council to continue on the path
they are now following, and not change horses in the middle of a very complicated and high level
technical stream.
The Assistant to the City Manager recommended that the word "percentage" be inserted after the
word February in Section 7.3, ISPA-7 of the
contract.MOTION - Spurgeon
SECOND - Mayor Coontz AYES -
Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT - Murphy
Moved to approve
the agreement with Business Records Corporation for the management ofthe City's information
technology resources; and authorized the Mayor and City Clerk to execute the agreement.6.4
Report
on the 1997-98 proposed contract with the County of Orange to provide animal control
services. (A2lO0.0 AGR-0135.J)The
Assistant City Manager reported the proposed contract is for the period July 1, 1997 through June
30, 1998, with a six-month termination notice provision. The proposed annual contract cost
is $229,126, which is subject to adjustment based on actual County costs for direct services to
Orange customers, less revenues received from licenses and fees derived from Orange customers.
County staff and a committee of the Orange County City Manager's Association are working on
a proposed long-term contract which would meet several objectives of the 20 contract cities
and the County. The County has been negotiating with the City of Tustin to have four acres
donated from the Tustin Helicopter Base closure to construct a new animal shelter. Council will be
kept apprised on the developments in the
negotiations.MOTION - Alvarez
SECOND - Slater AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
approve the contract and authorized the Mayor and City Clerk to execute on behalf of the City.
PAGE 10
CITY COUNCIL MINUTES August 12, 1997
7.ADMINISTRATIVE REPORTS Tape 2450
7.1 Request from Richard R. Carlson, 159 S. Cambridge, for waiver of the $1,500 (now
400) parking permit application fee. (Continued from July 22,1997) (S4000.S.3.1.2)
NOTE: Mayor pro tem Slater announced a conflict and stepped down from the dais on this item.
The Director of Public Works explained the parking permit application fee process. There are no
waiver provisions or criteria for a waiver and staff is recommending that the waiver be denied.
The petitioners could choose to proceed with their request to the Traffic Commission.
The Director of Community Development clarified there was not a conditional use permit on this
process. There were conditions attached but he does not recall any conditions on the parking
situation on Cambridge.
The City Attorney explained there is no authority for the City Council to waive permit fees. It
would constitute an unequal application of the laws, possibly a gift of public funds, and opens
the City Council up to favoritism.
Richard Carlson, 159 S. Cambridge, reported on bike lane and street sweeping tickets issued by
the Police Department on the 100 S. block of Cambridge; commented on the implementation of
parking meters in the Plaza circle; and indicated there is a safety problem on the 100 S. block of
Cambridge due to PJ Mead's business at 135 S. Cambridge. It was indicated that Mr. Mead has
leased ten spaces at the adjoining building at Cambridge and Chapman.
The City Manager commented part of the parking study of the Plaza proposal addresses parking
meters. The study is in draft form and the proposal has not come before Council. It is not
connected with the issue of permit parking in neighborhoods.
Carole Walters, 534 N. Shaffer, commented the Downtown Plaza District did address parking
meters and their impact on the surrounding neighborhood for the Plaza; expressed support for
Mr. Carlson's request; and said that fees should be waived for neighborhoods impacted with
parking problems.
Corinne Schreck, 446 N. James, asked how the permit fee is determined for larger areas vs.
smaller areas of homes?
The Director of Public Works explained the fee covers processing costs. The variation is not that
great from a large to a small number of homes. The parking permit fee would still be $400.
The City Attorney stated the use at 135 N. Cambridge is not illegal. There was a grocery store at
that location. The zoning for the area changed so it became a legal non-conforming
use.Sometime in 1994, there was a transition from the grocery store to what exists today.
That matter came before the City Council and the City can allow, under the City ordinance,
another legal non-conforming use at the location. There were certain conditions attached. It
is believed
CITY COUNCIL MINUTES August 12, 1997
7. REPORTS FROM CITY MANAGER (Continued)
last July the building official from the City went out to PJ Mead's to determine whether or not
those conditions were being complied with, and it was determined that they were.
Mayor Coontz instructed the Public Works and Community Development Departments to
follow-up with information regarding Mr. Mead's leasing often spaces at Cambridge
and Chapman and notify Mr. Carlson of their
fmdings.Councilman Alvarez gave the following minute order: "I am voting no actually for
two reasons. Since my family owns a business on the Plaza, it is very common where they
are waiving fees for everybody from the churches, non-profits, including the
businesses. Also,because, when I ran for Council, one of the issues was I would always support
development or businesses that would be compatible with the neighborhood. Having driven
through your neighborhood, Mr. Carlson, every single day, Monday through Friday, it is easy for me
to see that this is not compatible. That is the reason why." It was clarified that the parking
fee waivers that were granted to the Assistance League and the Methodist Church were for City
parking lots and not a fee waiver in terms of a
parking permit.MOTION -
Spurgeon SECOND - Murphy
AYES - Murphy, Mayor Coontz, Spurgeon NOES -
Alvarez ABSENT - Slater
Moved to deny
the request for fee waiver with the suggestion that Council revisit any other traffic-based type
solutions that might be applicable at this location, as well as look at the leasing of the
ten spaces, to see whether or not this problem may have an affect on the parking situation.7.2
Report from Director of Community Development on criteria for future Downtown special events/
special pageants. (P1300.0.9)NOTE: Councilman
Alvarez announced a conflict and stepped down from this dais on this item.The Director
of Community Development presented the criteria which limits the number of days during a
year the Plaza area would be closed to traffic for events and places the approval of the events on
an annualized calendar. It does not impact how the events will be operated.MOTION SECOND
AYES
ABSENT
Spurgeon
Slater
Murphy, Slater,
Mayor Coontz,
Spurgeon Alvarez Moved to approve the
criteria for
Downtown special events/special pageants.PAGE 12
CITY COUNCIL MINUTES August 12, 1997
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Spurgeon SECOND -
Mayor Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez Moved
to approve the
intent to conduct certain events between December 1997 and December 1998.7.3 Report
from
Finance Director on an award of contract to David M. Griffith &Associates L TD in
the amount of $50,000 to complete a city-wide Cost Allocation Plan and conduct a Cost
of Service (Fee) Study. (A2100.0)The Finance Director
explained the Cost Allocation Plan will provide the City with an accurate basis to determine
the true costs of all City programs, particularly in outsourcing analysis. The Plan will meet
the federal guidelines for allocations plans and enable the City to apply and receive maximum compensation
for administrative costs relating to grants and other types of reimbursements. The Plan
will also meet the requirements of Proposition 218 as it relates to transfers and charges
to utility operations. The Cost of Service Study will include all City service fees, excluding
trash and water fees. It is imperative that complete documentation be available to support
the fees the City charges. The computerized program for the study is developed to analyze
all the overhead costs based on the use of the various departments. The new Investment/Revenue
Officer position will coordinate this project. An individual from each department would be
the main liaison to gather information and handle the administration, once the fees have
been adopted.Councilman Spurgeon commented
for the record: "Seven months ago we had the rate study for a consultant
award for water rates which I voted against. My reasons were very clear at that time. I have
had some very similar concerns this time. However, after talking with you, I find in recent court decisions,
especially on 218, which all of us here on the Council are on record for supporting last year.
We were asked about it and we went on record supporting it. There have been some clarifications
and certainly now we do have to justify anything. Even if we think it is low, it is
cost efficient, or anything else, we have got to have the data in order to withstand any type of a
test. We don't have the in-house capacity, is my understanding, to do that. And that being the
case, with the understanding that this is not a license to go out and figure out ways where we
can raise fees. I think that we have always been for, what we consider, adequate cost recovery, whether
it be a recreational fee, or a copying fee over in the City Clerk's office, or any of these
fees. And we have had to adjust some of them as we went along, hopefully downward,in most
cases. Based on what I have seen here, I will be able to support this with those caveats,and my
concerns expressed for the record."MOTION - Mayor
Coontz SECOND - Murphy A
YES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarezr PAGE 13
CITY COUNCIL MINUTES August 12, 1997
7. ADMINISTRATIVE REPORTS (Continued)
Moved to award a contract to David M. Griffith and Associates LTD in the amount of $50,000 to
complete a city-wide Cost Allocation Plan and conduct a Cost of Service Fee Study
and authorized the City Manager and City Clerk to execute on behalf of the
City.8.LEGAL AFFAIRS Tape
3770 8.1 ORDINANCE NO.
17-97 An Ordinance of the City Council of the City of Orange amending Section 9.16.
020 of Chapter 9.16 of the Orange Municipal Code relating to the prohibition of
drinking in public. (A2500.0
Alcoholic Beverages)The City Attorney explained the Ordinance sets forth in the City law that the front
yards of single-family residential areas are not considered a public place, so it is not illegal to
drink in
the front yard.Carole Walters, 534 N. Shaffer, asked if drinking is allowed in front
of apartment buildings?The City Attorney responded that most areas in front of apartment
buildings are considered common areas. The exemption only applies
to single-family residential.The Police Chief stated it was never the intention of the Police
Department to arrest individuals for drinking in their front yard. There are other laws which could be used
to handle problems
on single-
family residential
properties.MOTION -Slater SECOND -Murphy AYES -Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 17-97 have first reading waived and
same was set for
second reading by the preceding
vote.8.2 ORDINANCE NO. 20-97 An Ordinance of the City Council of the City of
Orange amending Section 10.14.050 of Chapter 10.14 of the Orange Municipal Code
pertaining
to speed
limits. (A2500.
0 Speed Limits)MOTION -Spurgeon SECOND -Slater
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No. 20-97 have first reading
waived and same was
set for
CITY COUNCIL MINUTES August 12, 1997
9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
10.ORAL PRESENTATIONS Tape 4020
Richard Boscia, 524 S. Crest Road, addressed a gopher problem existing in a vacant lot at 506 S.
Crest Road and also in the public parkway. Mr. Boscia requested Council's assistance.
Mayor Coontz referred Mr. Boscia to Councilman Alvarez who serves as the City's
representative on the Vector Control Board to look into this situation. The City Manager was
instructed to follow-up on the problem. The City Attorney requested a memo from Mr.
Boscia on the
situation.Carole Walters, 534 N. Shaffer, reported the son ofthe attorney for ODS/ORRS is a lobbyist
for haulers that belong to the California Resource Recovery Association; asked Mayor Coontz if
she is paid for serving on the Waste Management Commission; and expressed concern that
the League of Cities tells the cities what to do and residents are not being
protected.Mayor Coontz responded most of the legislation passed by the legislators comes from
the environmentalists in the State of California; indicated she and the City Manager will provide
Ms.Walter's with the differentiation between the League of Cities and Waste
Management Commission and as much legislative information as she desires. Mayor Coontz indicated
Waste Management Commissioners were not receiving pay before or during the
bankruptcy.Richard Carlson, 159 S. Cambridge, addressed his written requests dated July 3rd and July 24th
to the City Clerk requesting to agendize the issue ofPJ Mead's business at 135 S. Cambridge.
A written response to his request was requested within ten
days.Mr. Carlson was escorted from the Council Chambers by a Police Officer for disrupting
the Council
meeting.The City Manager replied it is not felt that the City is in an illegal position with the
establishment ofPJ Mead's and will respond
accordingly.11.
RECESS NOTE: The Council recessed to the Closed Session at 8:45 p.m. after the 7:00 p.m. Session (
see Page
20).7:00 P.M.
SESSION 12.1
INVOCATION Dr. Stan Smith, First Christian
Church 12.2 PLEDGE OF ALLEGIANCE TO THE
FLAG Led by Councilman
Spurgeon PAGE
CITY COUNCIL MINUTES August 12, 1997
12.3 ANNOUNCEMENTS
Councilman Alvarez, President of the Friends of the Library, clarified the funds being
collected by the Friends of the Library for the son of Dr. Tavis is for a memorial which
will be selected by the Friends of the Library Board, and will not be used to purchase a
statue or picture for the library as was reported in the paper.
12.4 INTRODUCTIONS - None 12.
5 PROCLAMATIONS - None 12.6
PRESENTATIONS Presentation of
Resolution No. 8803 to Alan Burns expressing appreciation for his service as
Interim City Attorney.13.PUBLIC
HEARINGS Tape 4945 13.1
APPEAL NO. 438; CONDITIONAL USE PERMIT 2171-97; VARIANCE 2029-97;
CHARLES R. GREGORY
Time set for a public hearing on petition by Charles R. Gregory to appeal the decision by the
Planning Commission on April 21, 1997 to deny Conditional Use Permit 2171-97 which
would allow the establishment of a used car dealership and Variance 2029-97 which would
waive the City's parking and landscaping requirements. The applicant is proposing to use a portion
of an existing office building and the on-site parking area for a used car sales lot. The site
is located at the northwest corner of Chapman Avenue and Lester Drive (addressed 1133,
1135, & 1137 W.Chapman Avenue). (
A4000.0 APP-438)Negative Declaration 1519-97 has been prepared to evaluate
the
environmental impacts of this project.THE APPELLANT STATES THE
FOLLOWING REASONS FOR THE APPEAL:Planning indicated we were asking to remove (strip) all zoning from
this property, and to waiver of on-site parking or to illll provide on-site parking for
customers. This is incorrect! We wish to use an amended version of Exhibit "B" prepared
by Planning staff consisting of (5) parking spaces, one ofthose being for handicapped as needed for
State Title 24. We rarely have more than 5 or six customers per day! And
to allow the property to remain C-2."The Director of Community Development reported
the applicant has in past years operated the same business on the property immediately west and
moved to the new site unaware that a Conditional Use Permit would be required. The
applicant does not propose to perform any on-site auto servicing, repairs, or washing,
or intend
CITY COUNCIL MINUTES August 12, 1997
13. PUBLIC HEARINGS (Continued)
MAYOR COONTZ OPENED THE PUBLIC HEARING.
Charles Gregory, 1542 Young Circle, presented and explained packets distributed to Council on
his proposed site plan. Mr. Gregory indicated he was advised by the Planning Department that a
conditional use permit would not be needed. After moving to the location, he was advised that
the permit is needed. Minor repairs would be done at the facility.
In response to Council questions, Mr. Gregory indicated few sales come from walk-in or
drive-in customers, indicating he operates much like a broker. Fifty percent of his business
is wholesale to auctions and other dealers. No complaints were received from neighbors during
his sixteen years of used car sales operation next door. The occasional cars that are test driven exit
on to Chapman; four to ten cars are kept on the lot at one time; and very little business
is obtained
from advertising.The following people spoke
in favor:Boykin Harper, 2216 Villa
Vista Way Gene White, 155 No.
Jewell Place It was noted that Mr. Gregory does not intend to deteriorate the neighborhood or
infuriate the neighbors; he was misinformed regarding the need for a CUP; and the reason for their
move was due to needed repairs at the
other property.The following people spoke
in opposition:Jolene Miller, 168
Lester Drive Perry Aiello, 140 N.
Lester Drive Kristen Aiello, 140 N.
Lester Drive David Miller, 168
Lester Drive Concerns expressed were: If approved, any car lot could come in; property values
will decline;lack of parking; car repairs and washing at the facility; storage of used oil and batteries on
side of property; and safety issues with steel chains and
increased
traffic.REBUTTAL Charles Gregory responded that a mobile spray service comes on the lot twice a weekandspraysthecars; the chains around the property are a theft deterrent; the oil near the garage
was removed;and indicated it would be impossible not to do
minor repairs.MAYOR COONTZ CLOSED THE
PUBLIC HEARING.
CITY COUNCIL MINUTES August 12, 1997
13. PUBLIC HEARINGS (Continued)
In response to Mayor Coontz, the Director of Community Development explained the CUP could
be transferred from one owner to another if another operator moved in and was willing to operate
in conformance with the conditions applied. The C-1 zone allows auto uses for primarily
new car lots and is very restrictive. The C-2 zone, primarily West Chapman, Lincoln
Avenue, and similar other locations and older parts ofthe commercial area have in past years
allowed auto sales without many restrictions. On West Chapman, there are a lot of
existing applications.The conditional use permit and variance would go with the property. The property
lacks the required amount of parking spaces and landscaping for
the variance.Council discussion: Concern was expressed that no one was on the lot but there seemed to
be a lot of activity; Mr. Gregory has had the business for a long time without any
negative reaction;the possibility incorrect information was received from the City; and no
special circumstances are unique to the site which drives denial on the CUP. An inquiry was made relative
to bringing the conditional use permit back for review in one year and pulling the conditional use
permit if Mr. Gregory should discontinue his business and another operator comes in. It
was suggested that Council should be thinking about improvements to
West Chapman.Larry Slay, 6692 Harbor Key Circle, Huntington Beach, property manager, said a lot
of money was spent on the property and Mr. Gregory was the only inquiry that was received in
the six month period the property was on the market. The property could be a problem if
vacated. The adj acent car lot is
a deterrent.In response to questions raised
by Council:The City Attorney indicated there is no authority for the City to limit a conditional use
permit or variance to an owner. They are defined by state law as running with the land. If a
CUP is granted and conditions attached that were not complied with, the City would have
the authority to revoke
the CUP.The Director of Community Development commented that Code Enforcement
has listed corrections that are needed on the adjacent lot. If the corrections are not made, a
citation is issued and it goes through the court system. The City Attorney stated it would go to
trial within
a month.Mayor Coontz commented this is one of the most difficult issues Council has to
deal with regarding a use that backs up to a residential area. Council has to be careful what is
placed next to residential. Concern was expressed relative to no employee being on the lot, but
there seemed to be a lot of activity. It was not felt this was a proper use for the area. In
the future,improvements to West Chapman should be considered relative to condition and lack of
upkeep of
the properties.
CITY COUNCIL MINUTES August 12, 1997
13. PUBLIC HEARINGS (Continued)
Mayor pro tem Slater commented it is difficult to balance the interest of the business communitywithwhatisbestfortheneighborhood. It was felt the proposed used car lot could cause
deterioration of surrounding land uses. Mayor pro tem Slater expressed his opposition to the
conditional use permit and variance.
MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy,
Mayor Coontz, Spurgeon, Alvarez NOES - Slater Moved
to deny the
Conditional Use Permit and Variance without prejudice allowing the applicant to remain on
the property for three months. At the conclusion of the three month period, the department will
report back to the Council with the possibility of an extension of another three months. During
this time the applicant will comply with the conditions as outlined in the Planning Commission
staff report, with the exception the minor repairs can occur inside the garage only.NOTE:
Mayor pro tem
Slater commented his no vote was based on the fact that he felt six months was too much
time.Councilman Spurgeon gave the
following minute order: "It was brought up by Mayor White and several residents about
the condition of some of the other properties on West Chapman,especially between the tracks
and Main Street. I see it every day. I would like Mr. McGee and the staff, as head
of Code Enforcement, to take a closer look, not only where you are right now at the pumpkin area, but
some ofthese other areas. There used to be, I haven't checked it lately,I'm so usedtoseeingitthereatruckonalawninfrontofanoldgreenabandonedhouseabouttwoblocksupthe
street that has been there. It has been on the lawn, or dirt, or whatever it is called. It used to
be lawn, but now it is dirt. The house has not been lived in for years. The truck has been there
parked and its got one headlight out. Somebody knocked out. That is an immediate situation that I
am sure can be rectified. There are other areas, as mentioned by the residents and by Mayor
White here, that, we all live in that area, and we would like to see it cleaned up as well.
That is a separate issue, but it is an issue that I hope we have a little more control over, than state
law dictates in this other matter."Mayor Coontz suggested all
of the West Orange area be looked at and cleaned up.Councilman Murphy asked that
staff also address Main and Culver and Collins and Tustin as they seem to attract
used cars for sale or truck parking situations.14. PLANNING AND ENVIRONMENT -
None PAGE 19
CITY COUNCIL MINUTES August 12, 1997
15.ORAL PRESENTATIONS Tape 959
The following individuals spoke in support of the Mayor and City Council:
Janet May, 2943 Cottonwood Street
Bruce Patrick, 1733 N. Modoc
Gene White, 155 No. Jewell Place, addressed the used car lot a Jewell and Chapman.
RECESS
The City Council recessed at 8:45 p.m. to Closed Session for the following purposes:
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
City Negotiator: Personnel Director Steven Pham; Employee Organization: All organizations.
b. Conference with Legal Counsel - anticipated litigation. Significant exposure to litigation pursuant
to Government Code Section 54956.9(b) (one potential case). Contracts with ODS/
ORRS c.
Conference with Legal Counsel - anticipated litigation. Significant exposure to litigation pursuant to
Government Code Section 54956.9(b) (onepotential case).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.16. ADJOURNMENT
MOTION - Mayor
Coontz SECOND - Murphy AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez The City Council adjourned at
9:50 p.m.JdAl4~~~ '--C~//A~CASSANDRA J.
ttATHCART, CMC CITY
CLERK 7 ./--.a }L7':...
L,L~
t:e~
t!/,JO'ANNE COONTZ /'MAYORL PAGE
20