09-23-1997 Council MinutesApPROVED BY THE CITY COUNCIL ON OCTOBER 14, 1997
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING September 23, 1997
The City Council of the City of Orange, California convened on September 23, 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 Mayor Coontz
1.2 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon ABSENT -
Alvarez 1.3
PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS Mayor Coontz
presented a plaque to Mayor pro tern Slater in recognition for chairing the recent Leukemia
Society of Orange County fundraiser and its success.Mayor Coontz
reported on the POW /MIA flag presentation ceremony held in the Orange Council Chambers
on Saturday, September 20, 1997.Employee Recognition
Service Awards were presented by the City Manager to Ken Adams, Bob
Austin, Ashok Basaegekar, Ray Baxter, Barbara Byers, Derek Cook, Dick Dittberner, Rick
Hurtado, Doug Keys, Willie Kralich, and Art Romo. (C2500.JA.18)Dean R.
Strenger, President of Santiago Canyon College, announced the new college and extended an
invitation to the Council and community to join in the celebration on Friday,October 3rd
at 10 a.m. (S 1200.0)Dale Newcom,
Immanuel Lutheran Church and School, presented a $600 check to the Police Department
Canine Unit. The money was raised at a community fundraiser breakfast held
on July 4th. (C2500.K)Pastor Orlando
Barela, Household of Faith Family Church, presented a plaque to Council in appreciation
for their support in the 1997 Unity in the Community Rally held at Killefer Park
on July 26, 1997. (C2500.D)1.4
PROCLAMATIONS Mayor Coontz
presented a Proclamation and City of Orange pins to the Central Orange Bobby Sox
team for winning the 1997 National Championship. Certificates were presented to
the team by Senator John Lewis and Assemblyman Bill Campbell.P2000.0)
PAGE 1
CITY COUNCIL MINUTES September 23, 1997
1.4 PROCLAMATIONS (Continued)
A proclamation was presented to Marilyn Olson, Community Relations Specialist from
Southern California Association of Governments (SCAG), proclaiming October 6-
10,1997 as Rideshare
Week.A proclamation was presented to Sandy Dow, representing Orange County
Escrow Association, proclaiming October, 1997 as Escrow
Month.2.CONSENT CALENDAR Tape
1112 2.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City
Council agenda of a regular meeting of September 23, 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 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.2.2 Request Council confirmation of warrant registers dated September 5 and 9,
1997.ACTION:
Approved.2.3 Request approval of City Council Minutes, Regular Meeting, September 9,
1997.NOTE: Mayor Coontz abstained on this item due to her absence at the September
9,1997
meeting.ACTION:
Approved.2.4 Consideration to waive reading in full of all ordinances on the
Agenda.ACTION:
Approved.
AGREEMENTS2.5 Request from Simon and Michelle Le to connect their property at 19282 Hi Top Lane,
in the unincorporated area of Orange Park Acres, to a City-owned sewer. (A2100.
0
AGR-2901)FISCAL IMP ACT: None. All fees will be paid by
the applicant.ACTION: Authorized Mayor and City Clerk to execute on behalf of
the City.
CITY COUNCIL MINUTES September 23, 1997
2. CONSENT CALENDAR (Continued)
2.6 Request Council approve agreement to purchase LaserFiche document imaging software
and related services from Compulink Management Center, Inc. for the Police
Department. (A2100.0 AGR-
2851)FISCAL IMPACT: The expenditure of$49,913 was budgeted and encumbered in
the Police Department's budget for FY 1996-97 in Account
No. 780-4011-475100-2231 Information Systems Fund, Police
Administration, Other
Capital Outlay, Computer Upgrade Project).NOTE: Councilman
Murphy abstained on this item.ACTION: Authorized Mayor and City Clerk to execute
on behalf of the City.REMOVED
AND HEARD SEP ARATEL Y)2.7 Request Council approve agreements with
EsGil Corporation, and Scott Fazekas &Associates for plan check services. (Continued from
September 9,
1997). (A2100.0 AGR-2902 AGR-2903)FISCAL IMP ACT: None. Costs relating to the plan
check
will be paid by the project owner.Councilman Spurgeon expressed concern that
the current policy for awarding plan check agreements restricts competition and eventually could
result in a limited amount of firms available that deal only with public entities.
It was suggested each company qualified as a plan check firm, on a case-
by-case basis, disclose any potential conflict of interests.Council concurred
in their concern of excluding from
consideration consultants that perform work for the private sector.The Director of
Community Development explained five proposals were reviewed as a result of the Requests for Proposal (
RFP) process. Criteria was included in an effort to minimize problems with conflict of interests
and would limit firms on the accepted list, if Council agreed, to those firms who do not
do private design work. It would be prudent to require the selected plan check firm
not be involved with building design
work for private clients so that no conflict exists.In response to Mayor
Coontz's question concerning how was the strong criteria developed, the Director
of Community Development explained the RFP for plan check services included
criteria for technical compliance with the Uniform Building Code.Another way to attack this problem is
a declaration of conflict of interest be completed by each consultant and included in the
contract
and for each development before the work is completed.Mayor Coontz commented
technical compliance with the Uniform Building Code is the most basic and
important criteria
CITY COUNCIL MINUTES September 23, 1997
2. CONSENT CALENDAR (Continued)
this is to be responsive to several large projects such as the Mills and Chapman
University. The staffreport indicates the two firms that were removed were deleted
based on the fact that they had a potential conflict of interest because they provide design
services for private development. It was suggested a clause be included in their
agreement regarding conflict of interest.
The City Manager suggested Council consider a motion that would accept the agreements
with EsGil Corporation and Scott Fazekas & Associates for plan check services. Staff
will re-evaluate the other three qualifying contractors returning to Council on
October 14th with a recommendation on their proposals and how they measure up to the
RFP criteria that is
established.MOTION - Spurgeon
SECOND - Coontz AYES -
Murphy, Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez
Moved to accept
the agreements with EsGil Corporation and Scott Fazekas & Associates.Staff is directed
to report to Council on October 14, 1997 to re-evaluate the three other qualifying contractors
without consideration of whether or not they perform work for private sector
firms. The City Manager and Councilmembers' comments are included for the record.
BIDS 2.
8
Request Council approve plans and specifications and authorize advertising for bids for the Fashion
Park Screen Wall. (H1200.0)FISCAL IMP
ACT: Funds are budgeted in the Capital Improvement Program and available in
the following account: $50,000.00 - 500-5011-485100-3040 (Fashion Park
Barrier Wall).
Barbara DeNiro, (address on file), asked where Fashion Park Screen Wall is located?
The City Manager provided Ms. DeNiro with a map of the location. The Director of
Public Works explained the wall is located along the southerly and westerly sides of an
apartment complex located south of LaVeta, east ofthe railroad tracks, and north ofthe
22 Freeway. As part ofthe Neighborhood Enhancement Team efforts, the City agreed to
replace the wall and construct a wall which would resist vehicular damage and control
unauthorized access in the railroad tracks vicinity. This project is the first phase in the
construction ofthe wall. Mayor Coontz requested a brief history be provided on such
projects in the future.
ACTION: Approved.
PAGE 4
CITY COUNCIL MINUTES September 23, 1997
2. CONSENT CALENDAR (Continued)
CLAIMS
2.9 CLAIMS FOR DAMAGES FROM:
a. Jeff Couch
b. Ralph DeMont
c. Richard Roper
FISCAL IMP ACT: None.
ACTION: Denied claim(s) for damages and referred to City Attorney and Adjuster.
C3200.0)
CONTRACTS
2.10 Request Council approve a contract change order in the amount of $8,939.00 to Cairney
Construction for demolition, right of way clearance and building remodeling at 490 South
Main Street and 1435 West La Veta Avenue. Bid No. 967-22, SP 3077. (A2100.
0
AGR-2778)FISCAL IMPACT: Funds are budgeted and available in Account
No. 272-5011-
483300-3227 (
Gas
Tax).ACTION: Approved.GRANTS 2.11 Request Council approve a Homeowner Participation Program grant
in the amount of 2,000 and a Housing Accessibility Program grant in the amount of $1 ,
500 for Case #614 and authorize the Finance Department to prepare a warrant. (C2500.
G.1.3.1)FISCAL IMP ACT: Funds are available in
the Homeowner Participation Program Account Fund No. 316-6053-
427800-1221 and the
Housing Accessibility
Program Account
CITY COUNCIL MINUTES September 23, 1997
2. CONSENT CALENDAR (Continued)
RESOLUTIONS
2.12 RESOLUTION NO. 8799
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 97-2 adjusting lot lines of certain real property situated at 1803-1847
E. Chapman Avenue and 179 N. Tustin Street in the City of Orange, County of Orange,
State of California. (C2500.M.16.
1 LLN-97-2)
Owner: Orange
Square, LLC ACTION: Approved.2.
13 RESOLUTION NO. 8817 A Resolution of the City Council of the City of Orange
finally accepting the completion of a certain public work improvement. Bid No. 967-28, Reservoirs
Nos. 5 and 9 Exterior Recoating at 465 N. Cannon Street and 2803 N.
Roxbury Street, Southwest
Coating, Inc.
A2100.0 AGR-2831)ACTION:
Approved.2.14 RESOLUTION NO. 8824 A Resolution of the City Council of the City
of Orange finally accepting the completion of a certain public work and improvement; Bid
No. 967-22; S.P. 3077; Cairney Construction; demolition, right of way
clearance and building remodeling at 490 South Main Street and 1435 West
La Veta
Avenue, Orange. (A2100.0 AGR-
2778)ACTION: Approved.2.15 RESOLUTION NO. 8828 A Resolution of the City Council of
the City of Orange finally accepting the completion ofa certain public work and improvement; Bid
No. 967-37; S.P. 3198; R. J. Noble Company; Cherry Drive from Main Street to
661.5' east of Main Street and Lime Street
from Palm
Avenue to
CITY COUNCIL MINUTES September 23, 1997
2. CONSENT CALENDAR (Continued)
2.16 RESOLUTION NO. 8829
A Resolution of the City Council of the City of Orange fmally accepting the completion
ofa certain public work and improvement; Bid No.967-11; S.P. 3165;
Hillcrest Contracting; street improvement for Tustin Street - Sta 39+05 to 33+50, Santa Ana
Canyon Road - Sta 7+55 to 12+00 and storm drain improvements for Santa Ana Canyon Road -
Sta 8+00 to 11 +30, Tustin Street - Sta 10+00 to 10+85 and grading and paving for the S.E.
and S.W. corners. (A2100.0 AGR-2711)ACTION: Approved.
2.17
RESOLUTION NO. 8832 A Resolution
of the City Council of the City of Orange finally accepting the completion of a
certain public work and improvement; Bid No. 967-30; Pavement Coatings Company;
street maintenance 1996-97, slurry seal- various locations. (A2100.0 AGR-
2819)
ACTION: Approved.
2.18 RESOLUTION NO. 8830
A Resolution of the City Council of the City of Orange requesting the Orange County
Transportation Authority to allocate Combined Transportation Program funds for the
design project on La Veta Avenue from Lemon Street to Orange Street and Glassell
Street from La Veta Avenue to 364 feet north. (OC1300.D.1 RES-
8830)NOTE: Mayor pro tern Slater abstained on this item due to a property interest in
the
vicinity.ACTION:
Approved.2.19 RESOLUTION NO.
8831 A Resolution of the City Council of the City of Orange requesting the Orange
County Transportation Authority to allocate Combined Transportation Program funds for
right-of-way acquisition on La Veta Avenue from Lemon Street to Orange Street
and Glassell Street from La Veta Avenue to 364 feet north. (OC1300.D.
l RES-8831)NOTE: Mayor pro tern Slater abstained on this item due to a property
interest
in the
vicinity.ACTION:
CITY COUNCIL MINUTES September 23, 1997
2. CONSENT CALENDAR (Continued)
2.20 RESOLUTION NO. 8818
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL 97-4 adjusting lot lines of certain real property situated at Parcell and a portion
of Parcel 2 of Parcel Map No. 84-11 in the City of Orange, County of Orange,
State of California. (C2500.M.16.
1 LLN-97-4)Owners: Metropolitan Life Insurance and Orange
City Mills
Limited Partnership ACTION: Approved.2.
21 RESOLUTION NO. 8819 A Resolution ofthe City Council ofthe City of Orange
approving Lot Line Adjustment LL 97-5 adjusting lot lines of certain real property
situated at 1411-1701 W. Katella Avenue in the City of Orange, County of Orange, State
of
California. (C2500.M.16.1 LLN-
97-5)
Owner: Syufy Enterprises, a Limited
Partnership ACTION: Approved.2.22 RESOLUTION NO. 8821 A Resolution of the City Council of the
City of Orange temporarily closing a section of Spring Street
and Virage
for a special event. (S4000.
SA)ACTION: Approved.2.23 RESOLUTION NO. 8825 A Resolution of the City Council
of the City of Orange expressing appreciation to Michael A. Costello of the Public
Works Department and commending him for more than
39 years
ofloyal and
dedicated service. (C2500.M)ACTION: Approved.SPECIAL EVENTS 2.24 Request from
Chapman University for temporary suspension of permit parking restrictions within 'Area A' (
Downtown area) for their groundbreaking ceremony of the Business and InformationTechnology Building on
September 26, 1997. (
S4000.S.
3.1.
CITY COUNCIL MINUTES September 23, 1997
2. CONSENT CALENDAR (Continued)
MOTION - Spurgeon SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez Mayor
Coontz abstained on
Item No. 2.3. Councilman Murphy abstainedon Item No.2.6. Item No.
2. 7 was removed and heard separately. Mayor pro tern Slater abstained on Item Nos. 2.18
and 2.19. The remainder of the Consent Calendar was approved as recommended.END OF CONSENT
CALENDAR
3.REPORTS FROM MAYOR
COONTZ Tape 1634 Mayor Coontz reported on
her recent trip to Orange's Sister City, Novo Kosino, Moscow,Russia, which was celebrating
850 years with the City of Moscow.4. REPORTS FROM COUNCILMEMBERS -
None 5. REPORTS FROM BOARDS, COMMITTEES,
AND COMMISSIONS - None 6.REPORTS FROM CITY MANAGER Tape
1703 6.1 Update on Orange Disposal
Service/Orange Resource Recovery Systems.The City Manager indicated he does
not have any new items to report.Carole Walters, 534 N. Shaffer, asked
why the City wasn't looking into this all along; City officials should have asked the employees
to keep them updated; and ODS employees do an excellent job.Harry Astor, 333 City
Blvd. West,
Orange, counsel for ODS/ORRS, expressed support of the City Manager's past comments relative
to good services, lowest prices, and to find out the total amount of any funds that may
be missing that have not already been discovered. Mr. Astor said ODS/ORRS have acted responsibly and
will continue to act responsibly.Mayor Coontz asked the City Manager
if there was any recent information regarding the investigation? The City Manager indicated the
Police Department turned the criminal investigation and some staffing over to
the District Attorney's office. The District Attorney's office will not be reporting back
to the City except to converse with the City Attorney on any items that may affect the City
financially from any monies the City has in reserves or in escrow.PAGE 9
CITY COUNCIL MINUTES September 23, 1997
6. REPORTS FROM CITY MANAGER (Continued)
6.2 Report on the establishment of City Internal Audit Function and the related budget
for personnel and operations. (Continued from July 22,1997, August 12, 1997, and August
26, 1997). (C2500.E)
The City Manager presented the report, outlining factors in the current environment that justify
the internal audit function in the City of Orange. The Internal Audit Program would be
conducted with a combination of in-house staff and some contractual auditing services. In
the first year of the new audit function, priority will be given to accomplishing audits of the
many outside contractors and to immediately address the needs in the revenue auditing area.
Allowing for recruitment and selection, it is anticipated that the Internal Audit Program will be
operational in late December or early January. The cities of Anaheim and Long Beach were looked to
for guidance in the establishment of the internal audit function. The County of Orange assisted
with the reporting requirements and standards that should be
established.MOTION - Mayor Coontz
SECOND - Murphy AYES -
Murphy, Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez
Moved to:1.
Approve the
establishment of an Internal Audit Program.2. Approve amendments
to the 1997-98 Budget to increase General Fund appropriations for salaries, benefits
and contract internal audit services.3. Approve
two new positions to be assigned to the City Manager's Office - a full-time Internal Audit Manager
and a full-time Internal Auditor - and authorize Personnel to amend position control to
incorporate the two positions.4. Direct
the Personnel Director to prepare an amendment to the Top Management Resolution to add
both positions and return to the City Council with the proposed amendment as soon as possible.5.
To
help assure the Internal Audit Manager of needed organizational independence from line management functions
as well as to give support and protection from any possible political pressures, direct
the Internal Audit Manager, as recommended by the Government Finance Officers Association
and Government Auditing Standards published by the U. S. General Accounting Office,
be accountable to and report the results of audits and/or their progress to the City
Manager, as well as report the results of all audits concurrently to (a) the City Manager; and (
b) the Internal Audit Committee (comprised of two Council Members, the City Manager,
the Internal Audit Manager, and three citizens who either live or work in Orange and
are certified public accountants) on a regular basis.PAGE 10
CITY COUNCIL MINUTES September 23, 1997
6. REPORTS FROM CITY MANAGER (Continued)
6. The City's Internal Audit Committee (two Council Members, the City Manager, the Internal
Audit Manager, and the three other citizen/CPA members) shall approve the audit schedule,
scope, and priorities for the Internal Audit Division with consideration given to the City
Manager to direct and control daily operations as well as to direct Internal Audit Division
staff to conduct special inquiries and audits as may be necessary for the integrity of City
operations.
7. To help insure the Internal Audit Manager's independence, direct that the City Manager must
have the concurrence of a majority of the City Council to terminate the Internal Audit
Manager.
6.3 Fourth Quarter 1996-97 Department Budget Reports. (C2500.J. 1.
1)The City Manager presented highlights of the progress made by City departments
in accomplishing their goals and objectives for Fiscal Year 1996-97, noting every
department came in under budget. Councilmembers complimented the City Manager and staff on
the impressive format and thoroughness of the
Budget Report.Mayor Coontz requested an explanation of Page 5, Revenue from Other Agencies, and
Page 7,Park Acquisition. In response to Page 5, the Senior Assistant to the City
Manager explained budget estimates are based upon what the agencies have authorized the City to accept in
terms of grants, which are primarily from the federal government for Community
Development Block Grants and the Orange County Transportation Authority for major capital
improvement projects in the streets. Some projects do not get developed in one year due to their
size. Those expenditures are seen in the following fiscal
year budget.In response to Page 7, Park Acquisition, it was explained that not as many
capital improvement projects in the park area were completed as were anticipated for Fiscal Year 1996-
97. The fees are developer related that the City
has on hand.Mayor Coontz requested future reports should indicate the difference
between the budgeted amount and the actual amount to
avoid any confusion.Barbara DeNiro, (address on file), requested an explanation of contractual
services and internal services charges. Various questions were addressed on Page 89 and 90
ofthe Budget Report relative to Major
Capital Improvement Projects.Mayor Coontz responded that outside contracting or outsourcing refer to
services contracted by the City to an outside entity. Senior Assistant to the City Manager
explained internal service funds are set out for specific purposes that enable the City to have sufficient funding
over a long time to take care of internal needs. Departments are charged through
internal services charges for their own needs in terms
of insurance
CITY COUNCIL MINUTES September 23, 1997
6. REPORTS FROM CITY MANAGER (Continued)
The Director of Economic Development indicated she would be happy to provide Ms. DeNiro
more specific details on each Major Capital Improvement Project.
Mayor Coontz said it may be a good idea in the future to provide more information on Major
Capital Improvement Projects due to the large interest in economic development.
Carole Walters, 534 N. Shaffer, commented on the historic district and the staff person hired in
Planning for the historic district. Ms. Walters asked what partnership was being referred to with
the school district? She is hopeful the City will notify residents impacted by future proposed
school sites for community activities.
The City Manager responded the staff person hired for the historic district provides the extra
work needed to provide the analysis and research required for compliance with the law. The
partnership agreement is the Joint Use Agreement with the Orange Unified School District to
share the school sites for community services activities which benefit the entire community.
MOTION - Slater SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez Moved
to receive and
file.7.ADMINISTRATIVE REPORTS Tape
3140 7.1 Treasurer's
Report for the period ending August 31,1997. (C2500.F)The Finance Director presented
the report. The excess in cash receipts for the month was due to the recovery of $4.
25 million from thesuccessful litigation efforts in the Wymer case.Mayor Coontz commented the
monies received were the result of extremely successful series of legal actions by the
City over many years. There were many projects the Council wished to pursue years ago when
the Wymer incident occurred. It is hoped that Council will have the opportunity to review the
goals and objectives the City had, and that the people will recognize how the Wymer money
will be put back into the community.MOTION - Slater SECOND - Mayor
Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon
ABSENT - Alvarez Moved to receive and file.
PAGE 12
CITY COUNCIL MINUTES September 23, 1997
7. ADMINISTRATIVE REPORTS (Continued)
7.2 Report from the Personnel Director regarding the 2% at 55 Retirement Program
for the City's Full Time and benefited Part-time Non-Safety Employees. (
A2100.
0 AGR-0281)The Personnel Director gave a presentation describing the proposed 2%
at 55 Retirement Program through the Public Employees Retirement System (PERS).
Eighty-one percent (81 %)of the non-safety City employees voted in favor ofthe 2% at
55 program. The City non-safety employees will pay an ongoing cost of 4% oftheir salary to pay for
the cost of the benefit. The total cost of the benefit is approximately $8.2 million in
order to implement the Program. The cost to the employees is approximately $6.9 million. The cost
to the City of Orange is approximately $1.28 million which will be paid out ofthe
City surplus account with PERS. This amount will be amortized over the next 20 years. There is no impact
to the City's General Fund.The ongoing cost of 4% that would be paid
by the non-safety employees is pre-taxed.John Adams,
24786 Rollingwood, Lake Forest, representing the Orange Management
Association, Orange Municipal Employees' Association, Water Department Employees'Association, and the Orange Maintenance
and Crafts Association, urged Council's support
and adoption ofthe 2% at 55 Retirement Program.Bill Trapp, 8711 Palm Avenue, spoke in
opposition to the
2% at 55 Retirement Program.RESOLUTION NO. 8820 A Resolution of Intention of the City Council of the
City of Orange to approve an amendment to the contract between the
Board of Administration ofthe Public Employees' Retirement System and the City of Orange to provide the 2%
at 55 Full and Modified Formula (4% Employee Sharing Cost of Additional Benefits) for the
City'
s full time and
benefited part-time
non-safety employees.MOTION - Mayor Coontz SECOND -
Spurgeon AYES -
Murphy, Slater, Mayor Coontz, Spurgeon ABSENT -Alvarez Moved that Resolution No. 8820 as introduced, be adopted
and same was passed and adopted by the preceding vote. The Staff Report to be included with Resolution
No. 8820 as a part of the permanent record on file
in the
CITY COUNCIL MINUTES September 23, 1997
7. ADMINISTRATIVE REPORTS (Continued)
ORDINANCE NO. 21-
97 An Ordinance of the City Council of the City of Orange amending the contract between the
City of Orange and the Board of Administration of the California Public Employees'
Retirement System to provide Local Miscellaneous members the benefit of2% at 55 full or
supplemental formula (4% employee sharing cost of additional
benefits).MOTION - Spurgeon
SECOND - Slater AYES -
Murphy, Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez
Moved that Ordinance
No. 21-97 be read by title only and set for second reading by the preceding vote.
8.LEGAL
AFFAIRS Tape 4210 8.1
ORDINANCE NO. 18-97 An
Ordinance of the City Council of the City of Orange upholding the recommendation of the Planning
Commission and approving a request to modify the Planned Community Development Standards
for Areas "D" and "E" ofthe Parkridge Hills planned community. (ZI500.0 ZCG-1185-
97)
MOTION - Murphy SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez Moved
that Ordinance No.
18-97 be read by title only and was passed and adopted by the preceding vote.8.
2 ORDINANCE
NO. 19-97 An Ordinance
of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code.
Amendment 3-96, City of Orange (A2500.0 Zoning)Barbara
DeNiro, (address on file), requested an explanation of the Title 17 amendment.The
Director of Community Development explained the public hearing to amend Title 17 of the Orange
Municipal Code was held approximately one month ago. Amendments include changes to
definitions and specific administrative procedures relating to the site plan review process and is
the result of the one-year review of the 1995 zoning ordinance update. A copy of the agenda
item was provided to Ms. DeNiro.
PAGE 14
CITY COUNCIL MINUTES September 23, 1997
8. LEGAL AFFAIRS (Continued)
MOTION - Murphy SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez Moved
that Ordinance No.
19-97 be read by title only and was passed and adopted by the preceding vote.9.
RECESS TO
THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS -
None 11. RECESS NOTE: The
Council recessed
to the Closed Session at 7:15 p.m. after the 7:00 p.m. Session (see Page 17).7:00
P.M.
SESSION 12.1 INVOCATION Pastor
Eric Hensley, Covenant
Life Christian Center 12.2 PLEDGE OF
ALLEGIANCE TO THE FLAG Led by Mayor Coontz
12.3 ANNOUNCEMENTS - None
12.4 INTRODUCTIONS - None 12.
5 PROCLAMATIONS - None 12.6
PRESENTATIONS Don Zweifel, 2110 W.
Larkspur Drive, on
behalf of the Gulf and the Vietnam Veterans'Historical and Strategic Studies Association and in
conjunction with the United Veterans'Organization and the Orange County Veterans' Advisory
Council, presented a compendium of photographs ofPOWIMIA day held September 20, 1997
in the Orange Council Chambers.Approximately $30,000 in funds will be
set aside for a Veterans' Memorial.Due to the importance of the presentation,
Council suggested Mr. Zweifel's presentation be re-scheduled to a future Council meeting.PAGE
15
CITY COUNCIL MINUTES September 23, 1997
13.PUBLIC HEARINGS Tape 4900
13.1 APPEAL NO. 440; TENTATIVE PARCEL MAP 96-183; VARIANCE
2031-97;PAUL CLARK AND
GEORGE ADAMS:The public hearing on petition by Paul Clark and George Adams to appeal the decision
by the Planning Commission on July 7, 1997 denying Tentative Parcel Map 96-
183 which would subdivide a 19,860 square foot parcel into 4 lots and Variance 2031-97
which would allow for waivers of site development standards for lot size, lot width, lot
depth, building setbacks and parking upon the property was continued from August 26, 1997 to
this time. The Planning Commission found that approval of this proposal would likely
intensify existing access and parking problems in the area; increase non-conformities of
existing development on the site;create lots that are substandard to zoning requirements; and
grant a special privilege inconsistent with the limitations upon other properties in the same vicinity
and zoning district. The property is located at the northeast corner of Maple and Parker (
633 West Maple). Negative Declaration 1520-97 has been prepared to evaluate the
environmental
impacts ofthis project. (A4000.0 APP-440)THE APPELLANT
STATES THE FOLLOWING REASONS FOR THE APPEAL:We feel very strongly that this project is the right type
of development for the City of Orange.We feel that Orange does not need more
apartments. Converting these four rental houses into four single lots that could then be sold so that families
would live there who have pride of ownership is the most positive thing that could happen to
the property. We are not trying to increase the density - there are four existing single family houses and
we are trying to keep four single-family houses. We feel that we met all the
conditions of the proper variance and we would like to present our project to the
City Council for Orange. Therefore, because ofthe above, we respectfully request a hearing at
the City Council as soon as possible."NOTE: The appellants submitted a letter requesting this
item be
continued to the
October 28,1997
meeting.MOTION - Murphy SECOND - Spurgeon AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon ABSENT - Alvarez Moved to continue to the October
28, 1997 meeting.13.2 WEED ABATEMENT
HEARING - SPRING Time set for a public hearing for the purpose of considering and hearing objections
to the proposed removal of weeds which constitute a public nuisance. Resolution No. 8809
adopted by the City Council of the City of Orange on September 9, 1997 declares weeds a
public nuisance and initiates abatement proceedings. The properties which constitute a public nuisance
and must be abated by the removal of weeds are the vacant lots: 802 E. Lincoln, Rear of 806
E. Lincoln,
CITY COUNCIL MINUTES September 23, 1997
13. PUBLIC HEARINGS (Continued)
Assessors Parcel No. 374-491-03and N/E/C of Cypress and Sycamore, Assessors
Parcel No.039-
142-12. (C2500.H)MAYOR COONTZ
OPENED THE PUBLIC HEARING.THERE BEING NO SPEAKERS, MAYOR COONTZ
CLOSED THE PUBLIC
HEARING.MOTION - Murphy
SECOND - Slater AYES - Murphy, Slater, Mayor Coontz,
Spurgeon ABSENT - Alvarez
Moved to declare the subject properties a nuisance and approve abatement by a private
contractor.
14. PLANNING AND ENVIRONMENT - None 15.
ORAL PRESENTATIONS - None OFF-AGENDA
ITEM Mayor
Coontz directed the City Manager to prepare a report relative to issues involved in waste management,
state regulations, etc. and provide background information for the Waste Management
Committee Members, Councilman Alvarez and Councilman Spurgeon.The
City Manager replied staffhas researched the formation ofthe Waste Management Committee
and it appears that Council action needs to be taken on the appointment of the committee
members.RECESS
The
City Council recessed to a Closed Session for the following purpose:a.
Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation. June
Gerron vs. City of Orange, et aI., Orange County Superior Court Case No. 77 72 79 City
of
Orange vs. KPMG Peat Marwick, Orange County Superior Case 77 2237; City of Orange v.
Refco Securities, Inc., NASD Case No. 92-03685 b.
Conference with real property negotiator regarding acquisition of real property pursuant to Government
Code Section 54956.8:Property:
corner of La Veta Avenue and Orange Street; Negotiating Parties: City of Orange PAGE
17
CITY COUNCIL MINUTES September 23, 1997
RECESS (Continued)
c. 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.
The City Council reconvened from Closed Session at 7:50 p.m.
16. ADJOURNMENT
MOTION - Mayor Coontz SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon ABSENT - Alvarez The
City Council adjourned
at 7:50 p.m.c;~<'A--fh t ~
CASSANDRAQ) CATHCART, CMC
CITY CLERK PAGE
18