10-28-1997 Council MinutesAPPROVED BY THE CITY COUNCIL ON NOVEMBER 25, 1997
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING October 28, 1997
The City Council ofthe City of Orange, California convened on October 28, 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 Mayor Coontz
announced the Mayor's Prayer Breakfast will be held on Thursday,October 30th,
7:30 a.m. at the Doubletree Hotel in Orange.Mayor Coontz
announced the City of Orange and the Orange Unified School District are celebrating D.
A.R.E. (Drug Abuse Resistance Education) Week by wearing red ribbons.Mayor Coontz
reported on October 14, 1997, the City Council unanimously approved the McPherson Athletic
Project to include construction of five baseball fields, four regular soccer fields,
a walking path, outdoor play equipment, multi-purpose athletic courts, and a
number of measures to address homeowner concerns. The project was designed to benefit
the use by South Sunrise Little League, Orange Junior Soccer, McPherson Magnet School,
and the entire community. The majority vote ofthe Orange Unified School District (
OUSD) Board of Education on October 23, 1997 was not to accept the City's proposal
as presented after eight months of intense negotiation by City staff with the neighbors,
McPherson School representatives, the administrative staff, and elected representatives
of OUSD. The City approved over $2 million for the athletic center that would
have a direct benefit to the youth ofthe community. The requirements placed on the
City by the School Board are in direct conflict with the City's duty to exercise due diligence
on behalf of the taxpayers with the County funds appropriated for the proj ect.The
City is looking at other options to serve the community of Orange.The
City's new management employees Victoria Beatley, Investment Revenue Officer,and
Eden Shirey, Personnel Analyst, were introduced.Employee
Recognition Service Awards were presented to Josie Heading, Jose Ortiz, and Chuck
Lau. (Robert Miller and Dave Alton were unavailable to accept their awards).C2500J.
4.18)PAGE
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CITY COUNCIL MINUTES October 28, 1997
1.3 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
Frank Wein, President of the California Planning Foundation and Dan Fox, Director of
the Orange County Chapter of the American Planning Association (AP A), presented Jim
Donovan, Community Development Department, with the State Award and Scholarship
for Academic Achievement from the AP A.
1.4 PROCLAMATIONS
A proclamation was presented to Nancy Orchard honoring the California Retired
Teachers Association, Orange County Central Division #44.
Michael Krouse, Director of Sales and Marketing, Doubletree Hotel, was honored as
Central County Regional Occupational Program (ROP) 1997 Business Leader of the
Year" in Orange.
NOTE: At this time, Council concurred to recess the 4:30 p.m. Session to a Closed
Session at 5 :45 p.m., or as soon thereafter, to receive a status report on the current
personnel investigation involving the Police Department. Oral Presentations for the 4:30
and 7:00 p.m. were heard at the beginning of the 7:00 p.m. Session.
URGENT ITEM - CLOSED SESSION The
City Attorney presented an urgent item to be added to the Consent Calendar concerning
entering into an agreement with the law firm of Shernoff, Bidart, Darras &Arkin
to represent the City in a legal action against the former Treasurer's performance bond.
Council action needs to be taken right away as the time for filing the lawsuit is critical.
In response to Mayor pro tern Slater, the City Attorney responded it would be appropriate
for this item to be heard in Closed Session since it is a matter of pending litigation.
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 - Slater SECOND - Alvarez
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon,
Alvarez Moved that the item be further discussed
and a final decision be made in Closed Session.PAGE 2 lfi
CITY COUNCIL MINUTES October 28, 1997
2.CONSENT CALENDAR Tape 730
2.1 Declaration of City Clerk, Cassandra 1. Cathcart, declaring posting of City Council
agenda of a regular meeting of October 28, 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 of the City Clerk.
2.2 Request Council confirmation of warrant registers dated October 14 and 17, 1997.
ACTION: Approved.
2.3 Request approval of City Council Minutes, Regular Meeting, October 14, 1997.
ACTION: Approved.
2.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
2.5 Request Council approve Caltrans Utility Agreement No. 12- UT-365 for coordination
of sanitary sewer line relocations. (A2100.0
AGR-2919)FISCAL IMP ACT: This agreement provides for reimbursement to the City of
Orange of up to $6,000.00 for the cost of inspecting the sanitary sewer
line construction.ACTION: Approved and authorized Mayor and City Clerk to execute on behalf
of
the City.2.6 Request Council approve Program Supplement Agreement No. 002-M
Local Agency -State Agreement No. 12-5073; STPL-5073(008) in the amount of $1,
035,583.00; Tustin St. from Collins Ave. to Bixby Ave. (
A2100.0 AGR-0343.S)FISCAL IMPACT: Federal funds will be received
from Caltrans for this agreement.Funds in the amount of$I,035,583.00 will be
deposited into Account
No. 262-5011-483399-4024 (Measure M).ACTION: Approved and authorized Mayor and City
Clerk
to execute
on behalf
CITY COUNCIL MINUTES October 28, 1997
2. CONSENT CALENDAR (Continued)
BIDS
2.7 Request Council
a) Approve plans and specifications and authorize advertising for bids for Assessment
District 86-1 Santiago Hills Jamboree Road Streetscene and Paseo
Landscaping
Improvements.b) Appropriate additional funds in the amount of$50,000.00 for construction
costs,contingencies and contract administration costs as
follows:25,000.00 - 550-5011-485100-3024 (Metropolitan Water District
of
Orange County Share)25,000.00 - 590-5013-485100-3024 (AD
86-1 Contingencies) (LI200.0 ASD-86-1)FISCAL IMPACT: Funds in the amount
of$110,000.00 are appropriated and available in
Account No. 590-5013-485100-3024 (AD 86-1 Assessment District). Additional funds in
the amount
of$
50,000.00 are required to
complete the project.ACTION:
Approved.CLAIMS 2.
8 CLAIMS FOR
DAMAGES FROM:a.
J erzy Borys b. Katarzyna Brandt c. Gail Weidner d. Sid Landau
ACTION: Denied
claims
for damages and referred to City Attorney and Adjuster.C3200.0)CONTRACTS 2.
9 Award of professional services contract to Parsons, Brinkerhoff, Quade & Douglas, Inc.PBQ&D) in an
amount not to exceed $45,972.00, for preparation of a "
Feasibility Study" for SR-
22/Main St. (Town & Country Rd./LaVeta Ave.) Interchange Improvements. (A2100.0 AGR-
2921)FISCAL IMPACT: Funded through TSIP
Area "A"/CIP funds in Account No. 280-5031-483300-3125 (SR-22/Main
St. Ramp
CITY COUNCIL MINUTES October 28, 1997
2. CONSENT CALENDAR (Continued)
2.10 Request Council award a contract in the amount of $219,000.00 to Steve Casada
Construction Company, Inc. for waterline relocation in conjunction with the 1-5
widening W-578). Bid No. 978-12. (
A2100.0 AGR-2922)FISCAL IMPACT: Funding in the amount of$788,655.00 for this
project is included in the 1997-98 budget in Account
No.
601-8041-484501-8320 (Pipeline Improvements, 1-5 Freeway).ACTION: Authorized Mayor and
City Clerk to execute
on behalf of the City.REMOVED AND HEARD SEPARATELY)2.11 Request Council approve a contract change
order in the amount of $5,000 to Med-Tox,Inc. for demolition, right of
way clearance at 127 East La Veta Avenue and building remodeling at 492
South
Orange Street. Bid No. 978-04; SP3200. (A2100.0 AGR-2871)FISCAL
IMP ACT: Funds are budgeted and available in the following
accounts:2,500.00 271-5011-483399-3017 (GlasselllLa Veta Critical
Intersection Gas Tax)2,500.00 - 271-5011-483300-3017 (GlasselllLa
Veta Critical Intersection Gas
Tax).NOTE: Mayor
pro tern Slater abstained due to a
property conflict.MOTION -
Mayor Coontz SECOND -
Alvarez
AYES - Murphy, Mayor Coontz, Spurgeon, Alvarez ABST AIN- Slater Moved to approve.EXPENDITURES 2.
12 Request Council approve the expenditure of COPS funding for
the new full-time positions of Armorer, Neighborhood Enhancement Specialist, Police Service
Officer, and Crime Prevention Specialist; one part-time Report Analyst
position; the addition of two
police vehicles, miscellaneous equipment, and specialized training for Field Training Officers and Sergeants. (
C2500.K)FISCAL IMP
ACT: None.
The proposed expenditures will be financed solely by the COPS funding, Fund 354.ACTION: Approved.
2.13 Request Council approve appropriation of $3,580.00 of Unappropriated Funds
for seven members of the Police Department's
NarcoticNice unit
to
CITY COUNCIL MINUTES October 28, 1997
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Unappropriated reserves in the amount of$119,000 are available in
Account No. 355-0000-294000 (Federal Asset
Forfeiture Fund).
ACTION: Approved.LIBRARY
SERVICE HOURS 2.14 Request Council approve a proposal to adjust Orange Public Library service
hours during the holidayseason. (
C2500.I)FISCAL
IMPACT: None.
ACTION:
Approved.RESOLUTIONS 2.15 RESOLUTION
NO. 8837 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 Cannon Street (formerly known as Lorna Street) and
bridge widening from Santiago Canyon Road to Lexington Avenue. (S4000.
S.7)
ACTION: Approved.2.16 RESOLUTION
NO. 8840 A Resolution of the City Council of the City of Orange temporarily closing
section of Spring Street between Swidler Streets and Esplanade Street for a Special Event
at Fred Kelly Stadium. (
S4000.SA)Date of Event: November
15, 1997
ACTION: Approved.TIME
EXTENSION REQUEST REMOVED AND HEARD SEP
ARATEL Y)2.17 Request extension of time for Chuck's Auto Sales to continue operating at
1135 W.Chapman Avenue for an additional three months, until February 12, 1998. (
C3300.
0 CUP-2171-
97)FISCAL
IMPACT:
CITY COUNCIL MINUTES October 28, 1997
2. CONSENT CALENDAR (Continued)
The Director of Community Development reported the applicant has conformed to the
conditions set by Council at the August 12, 1997 meeting but has been unsuccessful in
securing another location.
NOTE: Mayor pro tern Slater requested the item be removed and heard separately as he
wished to remain consistent with his no vote on August 12, 1997and felt that six months
was too much time.
MOTION - Murphy SECOND -
Mayor Coontz AYES - Murphy,
Mayor Coontz, Spurgeon, Alvarez NOES - Slater Moved
to approve noting
that February 12, 1998 is the final extension date.MOTION - Spurgeon SECOND - Murphy
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon,
Alvarez Item Nos. 2.11 and 2.17
were removed and heard separately. The remainder of the Consent Calendar was approved as presented.END
OF CONSENT CALENDAR 3.REPORTS FROM
MAYOR COONTZ Tape 845
3.1 Presentation by Orange County Transportation
Agency concerning SR-22 Freeway Widening.Mayor Coontz reported the SR-
22
Freeway, including portions of the 405 and 605 Freeways in Orange County, have insufficient capacity
on the freeway and major adjacent surface streets,aggravated by inadequate freeway interchanges,
lack of continuous parallel arterial routes, and a host of other problems. In
response to these undesirable conditions, OCT A and Caltrans initiated a Major Investment Study to
improve mobility along the SR-22 Corridor. City staff has been working with OCTA and
Caltrans to coordinate the project with two City sponsored projects on the SR-22 at
the interchanges of The City Drive and LaVeta Avenue/Town & Country Road.The City has
ongoing concerns with Caltrans and OCTA's communication with the residents and businesses on these
projects.Clarita Reambillo, OCTA
Project Manager, briefed the Council and community on the scope of study for the
SR-22 Freeway widening.PAGE 7
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CITY COUNCIL MINUTES October 28, 1997
4. REPORTS FROM COUNCILMEMBERS - None 5.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6.REPORTS
FROM CITY MANAGER Tape 1212 6.1
Report relating to the City's participation in the Orange County Taxi Administration Program (
OCTAP) to approve taxicab operation regulations, and to adopt a taxicab rate
schedule. (A2500.0 Vehicles for Hire)The Assistant
to the City Manager reported in April, 1997 the City Council gave preliminary approval to
join OCT AP, which switches regulatory and inspection services from the City to a centralized function
at OCT A.ORDINANCE NO.
26-97 An
Ordinance of the City Council of the City of Orange creating Chapter 5.79 of the Orange Municipal
Code adopting the Orange County Taxi Administration Program Model Ordinance for regulation
of taxicabs.MOTION -
Alvarez SECOND - Spurgeon
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved that Ordinance No.
26-97 be read by title only and same was set for second reading by the preceding vote.
RESOLUTION NO. 8841
A Resolution ofthe
City Council ofthe City of Orange adopting Orange County Taxi Administration Program rates
of fare and regulations.MOTION - Alvarez SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved that Resolution No. 8841 as
introduced, be adopted and same was passed and adopted by the preceding vote.6.2 Report
on the qualification
review of the candidates for the Internal Audit Committee. It is recommended Council receive
the recommendations of the Qualification Review Panel and make appropriate appointments.
The City Manager requested this item
be continued to November 25, 1997 to allow time for Council to complete the interview process
on one of the recommended candidates.PAGE 8 r- II
CITY COUNCIL MINUTES October 28, 1997
6. REPORTS FROM CITY MANAGER (Continued)
MOTION - Spurgeon SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to continue
to November 25, 1997.7.ADMINISTRATIVE REPORTS
Tape 1296 7.1 Treasurer'
s Report for the period ending September 30, 1997. (C2500.F)The Finance Director
presented the report. The cash disbursements exceeded cash receipts in September, which can
be attributed to the semi-annual debt service payments on the redevelopment bonds
and the assistance provided Chapman College for the parking structure. In response to
Councilman Alvarez, the Finance Director responded the stock market decline would have more
impact on the employee-directed investments in the 457 Deferred Compensation Plan which
does not come within the scope of the City's Statement of Investment Policy.MOTION -
Slater SECOND - Murphy
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to receive and
file.7.2 Report from
City Treasurer recommending Council confirm the delegation of Victoria Beatley as Deputy
City Treasurer. (C2500.F)The City Treasurer reported
the City's Investment/Revenue Officer, Victoria Beatley, has been trained in the City'
s policies and procedures relating to the investment and cash management of City funds. The recommendation
is based on Ms. Beatley's experience and her current understanding ofthe City's
Cash Management and Investment Operations. Jeanne Arehart,Assistant Finance Director, will
maintain her Deputy status to be available as a back-up in Ms.Beatley's absence.
Councilman Spurgeon commented
for the record: "I just want to make sure that this individual,as qualified as
she is, and we are happy to hear her credentials, certainly appears that she is qualified; that we
still have our checks and balances, not only on the Oversight Committee, but the Director of
Finance, yourself as the elected Treasurer, and Mrs. Arehart, that we have this and that you are
all actively involved in decisions, regardless of who initiates them. As far as I am concerned, at least
personally, I would hope that the final decision on any of these investment things are certainly
you as the elected Treasurer of record, when these things come forward,despite the other
people that are very important to this process."Barbara DeNiro, (address
on file), thanked Councilman Spurgeon for his comments and asked if this is a
new or replacement position?PAGE 9 li
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CITY COUNCIL MINUTES October 28, 1997
7. ADMINISTRATIVE REPORTS (Continued)
The Finance Director explained in April, 1997, Council approved a change to the part-
time Investment Officer position to a full-time position. Revenue duties were added to
the position.In response to Councilman Alvarez, it was explained that the Investment Officer is in
charge of daily cash management, investment responsibilities, banking relationships,
preparing investment reports, and working with auditors on investments. The Revenue Officer is
responsible for monitoring the revenues, preparing the revenue budget, and is currently involved
in coordinating cost allocations and cost
of services.MOTION -
Spurgeon SECOND - Murphy
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved
to confirm the delegation of Victoria Beatley as Deputy City Treasurer.7.
3 Report from Director of Community and Library Services on the Main Library Renovation. (
C2500.I)Robert
R. Coffee, Robert R. Coffee and Associates, architect for the Main Library Renovation Project,
presented drawings which illustrated the remodeling plans for the Main Library.Mayor
Coontz expressed appreciation for the utilization of space and the historical element being incorporated
into the design. Concern was expressed with archived records, which have been recognized
by the State, being stored in the basement, noting that the basement has flooded in the past.
The roof problems need to be analyzed and addressed. It was suggested to allocate and utilize
the basement space in the Orange Economic Development Department which would enable
the public to view historical documents.Councilman
Alvarez commented he had formed a Focus Group, with the concurrence of the Director
of Community/LibraryServices, that will meet tomorrow to give Mr. Coffee some fresh ideas
for the Children's Story Time Area.Councilman
Murphy commented on the potential for reuse of the existing building materials,equipment,
and technology when a new library site is developed in the future and what the return would
be on the investment.MOTION -
Mayor Coontz SECOND - Alvarez
AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to declare the
project as categorically exempt from the provisions of the California Environmental Quality Act (CEQA)
per Section 15301 ofthe State CEQA Guidelines.PAGE 10 Yli
CITY COUNCIL MINUTES October 28, 1997
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Mayor Coontz SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to approve
the conceptual plan for the Main Library Remodel. The questions and concerns of Council
to be addressed at the November 25th meeting.RECESS The City
Council
recessed to Closed Session at 5:50 p.m. for the following purposes:a. Public employee
discipline, release and dismissal pursuant to Government Code Section 54957.b. Conference
with
Legal Counsel - anticipated litigation. Significant exposure to litigation pursuant to Government Code
Section 54956.9(b) (two potential cases). The second case was added as an Urgent
Item to the Closed Session earlier in the meeting.RECONVENE The City Council
reconvened
from Closed Session at 7:10 p.m. to continue the 4:30 p.m. session.INVOCATION Director of Public
Works,
Harry Thomas 8.LEGAL AFFAIRS Tape
2440 8.1 ORDINANCE NO.
22-97 An Ordinance of
the City Council of the City of Orange repealing Chapter 5.45 of theOrange Municipal Code and
adding a new Chapter 5.45 to theOrange Municipal Code pertaining to filming activities. (A2500.
0 Film Making)MOTION - Spurgeon SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved that Ordinance No. 22-97
be read by title only and same was set for second reading by the preceding vote.PAGE 11
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CITY COUNCIL MINUTES October 28, 1997
8. LEGAL AFFAIRS (Continued)
RESOLUTION NO. 8838
A Resolution of the City Council of the City of Orange amending and revising the Master
Schedule of Fees and Charges as authorized by Orange Municipal Code Chapter 3.10 pertaining
to filming activities.
MOTION - Spurgeon SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Resolution
No.8838 as introduced, be adopted and same was passed and adopted by the preceding vote.
8.2 ORDINANCE
NO. 23-97 An Ordinance
of the City Council of the City of Orange creating Chapter 12.02 ofthe Orange Municipal Code
adopting the 1997 Edition of the Standard Specifications for Public Works construction. (Public
Hearing date December 9, 1997.) (A2500.0 Public Works Construction Specifications)MOTION -
Slater
SECOND - Alvarez AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved that Ordinance No. 23-
97 be read by title only and same was set for second reading by the preceding vote.8.
3 ORDINANCE NO.
25-97 An Urgency Measure
of the City Council of the City of Orange amending Chapter 10.42 of theOrange Municipal Code
relating to off- street parking lots. (A2500.0 Parking Off-Street)MOTION - Alvarez
SECOND - Slater AYES -
Murphy, Slater, Mayor
Coontz, Spurgeon, Alvarez Moved to waive reading in
full on Urgency Ordinance No. 25-97 by the preceding vote.MOTION - Murphy SECOND - Slater
AYES - Murphy, Slater,
Coontz, Spurgeon, Alvarez
Moved that Urgency Ordinance No. 25-97
be read by title only and same was passed and adopted by the preceding vote.PAGE 12
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CITY COUNCIL MINUTES October 28, 1997
9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
10. ORAL PRESENTATIONS
NOTE: Oral Presentations were heard at the 7:00 p.m. Session following Item No. 12.5.
MOTION - Spurgeon SECOND -
Murphy AYES - Murphy,
Slater, Coontz, Spurgeon, Alvarez Moved that Oral
Presentations be moved to the beginning of the 7:00 p.m. session.MOTION - Spurgeon SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved that Oral Presentations be heard
for up to thirty minutes after the staff reports are concluded on the subject ofthe Police
Chief; items agendized for the 7:00 p.m. Session to be heard after the thirty minute time
period.Councilman Murphy commented he would like
the City Manager to move forward with a recommendation to Council on agenda management,
i.e. putting public comments at the beginning of the agendas. Mayor Coontz
indicated the City Attorney has been working on proposals that will be brought to
Council's attention.11. RECESS NOTE: The Council recessed
for the
remaining Closed Session items at the end of the 7:00 p.m.Session (see Page 22).7:00
P.M. SESSION 12.
2 PLEDGE OF ALLEGIANCE TO
THE FLAG Councilman Spurgeon 12.3 ANNOUNCEMENTS - None
12.4
INTRODUCTIONS - None 12.5 PROCLAMATIONS
A proclamation declaring the week
of November 3,
1997 as CPRlFirst Aid and Triage Week was presented to Suzette Gibbs, Jane McCloud and Ruby
Penner. Also recognized were Police Officer and Explorer Scouts, Fire Fighters, and the
faculty of Santiago Middle School, Fletcher Elementary and St. Norbert Schools. Sheri Trejo of
Port 01 a Middle School was recognized for being a Good Samaritan.PAGE 13 I
CITY COUNCIL MINUTES October 28, 1997
12.6 PRESENTATIONS - None ORAL
PRESENTATIONS Tape 3060 The
City Manager reported on what the City has done in regards to the Police Department and the
concerns that he and Council had about the action that was taken to place the Police Chief on Administrative
Leave. To protect each individual that works for the City, very specific federal and
state guidelines for personnel actions must be followed to ensure that any claims against any individual
be investigated thoroughly, completely, fairly and independently. It is his intent to ensure
that the allegations are handled properly and quickly, and to bring the Chiefback should the
allegations prove untrue. In the meantime, Acting Chief Richards has been directed not to make
any changes in the Police Department or its strategies.The
Personnel Director reported the Police Chief is not being disciplined but has been placed on Administrative
Leave so that investigations can be done in a proper manner. The obligation of the
Personnel Director is to protect all City employees, regardless of rank and title, to ensure a safe
work environment for all employees. The Personnel Director is required by law to fairly and thoroughly
investigate all claims relating to workplace and how the employees are treated. The three
objective goals to be accomplished with the decision are:1.
To insulate and protect the Chief from any further allegations that the Chief had retaliated against
those who came forward and intimidated those who wanted to speak.2.
To protect the integrity of the investigation. Independent outside investigators have been hired
to review the matters so that no one is accused of being unfair.3.
To help the City comply with federal and state law which regulates the workplace.The
City Attorney commented the California Penal Code prohibits the dissemination of information
regarding personnel investigations involving police officers, except to state the nature
and number of the allegations. The City cannot comment on the personnel investigation.Councilman
Alvarez commented for the record: "I feel that it is very important that I should clarify
my reactions to the current situation as reported in the press so that the people in Orange can
better understand the actions that I have taken since the last Council meeting.I
have in the past requested that the City Council be given all information pertinent to any decisions
that are being made in executive session. It has been two weeks since the action was taken
by we as a Council, and it wasn't until tonight that I received a formal written list of the allegations
proported to be and who is making them.According
to the City Council Legal Handbook, Page 6, Section IV, says that the Council is entitled
to this information, and had not received it in this case.In
my view, this is compounded by the fact that the City Manager has the authority to make this decision,
and he does, it is by ordinance. Such as the one before us, without first communicating his
actions to the City Council. The ordinance that governs this should be changed, in my view,PAGE
14
CITY COUNCIL MINUTES October 28, 1997
ORAL PRESENTATIONS (Continued)
to improve the lines of communication, in order to give the City Council lead time in order to
react to and to minimize any misunderstandings.
Communication is a two-way street, and there can be situations where, despite the best efforts
of our City Manager, communications can break down. However, the City Manager has a
special responsibility, in my view, to work to keep those channels of communication open between
the City Council and the City
Manager.It is also my view, that this kind of authority cuts the City Council out, because the people
that are here before us are the ones that hold us most responsible. I want you to keep in mind I
am looking at the system, and I think there is a problem with
it.I believe that the City Manager must respect and be sensitive to the political responsibilities
of the City Council. Similarly, the City Manager must recognize that the City Council has the
final responsibility for any policy direction and that the work done by the City's management
team should be, both in perception and fact, responsive to that policy
direction.These are some of the reasons why I want the people of this City to understand why I have
not supported this action in the past and I continue not to support
it.Over the past week, I have had meetings with the City Manager and the City Attorney to
develop some changes in how we can proceed from here and I intend to bring those before the
City Council at our next meeting. My whole intent is to try to learn something from this system,
try to learn something from the action that we have taken. From this point on, we have to take
the lead of Stephen Pham, who is our Personnel
Director."Harold Pugh, 146 N. Harwood Street, expressed concern with a block wall which is
causing flooding to his
property.J. W. Sorrell IV, J. W. Construction, Inc., 317 N. Sacramento (submitted a card and petition
reo Milford Street Storm Drain Project, but was not present at the 7:00 p.m. Session). Andrew
King,211 N. Sacramento Street (submitted card reo Milford Street Storm Drain Project, but was
not
present.)Mayor Coontz requested the City Manager direct staff to contact the above
individuals.Barbara DeNiro, (address on file), expressed concern with the accusations made against
Police Chief Robertson. (Written comments available in the City Clerks' office). (C3500.
0)Chris Poysa, 226 S. Rosalind, expressed disappointment with the McPherson Athletic
Project.PAGE
CITY COUNCIL MINUTES October 28, 1997
ORAL PRESENTATIONS (Continued)
Mayor Coontz responded the requirements placed on the City by the OUSD Board are in direct
conflict with the City's duty to exercise due diligence on behalf ofthe taxpayer's with the
County funds appropriated for the project. The City is looking at other options, to the
disappointment of thousands of children and their parents in the Orange Unified School District.
The following individuals spoke in support of Police Chief Robertson:
Carole Walters, 534 N. Shaffer
John Volkoff, 365 No. Cleveland
Nick Lall, 6231 E. Mabury Avenue
Mara Brandman, 7319 Equitation Way
Pastor Orlando Barela, 910 N. Hart
Diana Robles, 13022 Ethelbee Way (submitted card - did not speak)Shannon
Tucker, 556 E. Culver Susan
Tindall, 2602 Meridian Patti
van V oorst, 610 N. Hart Adele
Graves, (address on file)Karen
Grandbouche, 1072 Windy Ridge (submitted card - did not speak)Neil Grandbouche,
Anaheim Hills (submitted card - did not speak)Melissa Owens, Anaheim
Hills (submitted card - did not speak)John McCain, 2100 W.
Palmyra #82 David L. Miller, 1851
E. 1st Street, Suite 1060, Santa Ana, attorney for Chief Robertson Mayor pro tern Slater
requested Council prepare a Resolution for the next Council meeting that would recognize the accomplishments
of Chief Robertson in the City. Mayor Coontz responded the request would be
agendized as an issue for the vote of the Council at the next Council meeting.Councilman Alvarez requested,
through
the Chair, that his office in City Hall be secured to prevent unauthorized access. Mayor
Coontz asked the City Manager to address the issue with each Councilmember.Mayor Coontz
commented Council
has been ordered and advised legally not to speak regarding the Police Chief issue.
The City is trying to proceed with the investigation as quickly as possible.RECESS The City
Council
recessed
at 8:45 p.m. and reconvened at 9:00 p.m.PAGE 16 rT
CITY COUNCIL MINUTES October 28, 1997
13.NOTICED HEARINGS Tape 6596
13.1 PROPERTY ACQUISITION BY EMINENT DOMAIN, SOUTHEAST CORNER
OF CHAPMAN AVENUE AND THE CITY DRIVE, CITY OF ORANGE
Time set for a noticed hearing on petition by the City of Orange to acquire the following property
by eminent domain:
S/E corner of Chapman Avenue and The City Drive; Assessor's Parcel Nos. 231-062-
05
and 231-062-08.Property Owner: University of California (
UCI) (C2500.M.14)The Director of Public Works presented the report. The projected traffic
volume on The City Drive is 65,000 vehicles per day, which will be used
as a substitute freeway-to-freeway connector road for approximately four years. Possession
of the right-of-way is needed by February, 1998 to ensure advertisement of the
construction and for City work completion prior to The Mills opening in November, 1998. It is the
City's desire to continue negotiations with UCI to resolve their concerns and issues and to assure
their needs are
met relative to access and circulation during construction.The findings which must be made by the City
Council on the property acquisitions listed in Item No. 13.1, 13.2, and 13.3 are as follows: 1)
the public interest and necessity require the proposed project; 2) the proposed project is planned or located
in the manner that will be most compatible with the greatest public good and the least
private injury; 3) the property described is necessary for the proposed project; and 4) an offer to purchase
the property pursuant to Section 7267.
2 of the California Government Code was made.In response to Council's questions and concerns,
the Director of Public Works confirmed as a result of discussions with UCI, the condemnation of land was
reduced to a 10 foot to 28 foot wide strip. Meetings and/or
contacts were made with UCI representatives approximately eight times since June, 1996. No significant
response was received
from UCI until the Noticed Hearing
was received.MAYOR COONTZ OPENED THE PUBLIC HEARING.Mark Laret, Director ofUCI Medical Center, 101
The City Drive, asked Council to delay the implementation of the legal actions
for the condemnation ofthe property from the University.Ned Reynolds, Associate Director expressed concern
with the location of the helipad to the adjacent parking structure and the proximity of the right
turn lane to the helipad. UCI does not yet have confidence that they will be able to
continue to operate the helipad under the FAA variance if space is lost. Mr. Laret commented UCI would
like to
work
CITY COUNCIL MINUTES October 28, 1997
13. NOTICED HEARINGS (Continued)
consultant cooperatively, and the FAA, if necessary, to revisit the report that was done on the
helipad and to make sure pedestrian, air, or automobile traffic is not endangered by the widening
in the helipad area. UCI's goal is to maintain access to the heliport for the purpose of being a
trauma center.
The Director of Public Works added the consultant retained by the City was the same consultant
that worked on the original helipad. The consultant did obtain study information from UCI
which addresses issues that UCI has concerns with. The City proposes to continue the meetings
with UCI representatives to resolve the issues.
THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.
RESOLUTION NO. 8835
A Resolution of the City Council of the City of Orange finding and determining that the Public
Interest and Necessity require the acquisition by eminent domain of certain real property located
at the southeast corner of Chapman Avenue and The City Drive for public use and authorizing
and directing condemnation.
MOTION - Alvarez SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Resolution
No.8835 as introduced, be adopted and same was passed and adopted by the preceding vote.
13.2 PROPERTY
ACQUISITION BY EMINENT DOMAIN, SOUTHWEST CORNER OF CHAPMAN AVENUE
AND THE CITY DRIVE, CITY OF ORANGE Time set for
a noticed hearing on petition by the City of Orange to acquire the following property by eminent domain:
SIW corner of
Chapman Avenue and The City Drive; Assessor's Parcel Nos. 231-061-37 and 231-
061-
38.Property Owner: Metropolitan Life (C2500.M.
14)The City Attorney reported the City is close to an agreement with Metropolitan Life. Due
to time constraints, it is recommended the City go forward with the Resolution. The Director
of Public Works commented this condemnation is approximately a 9 foot to 13 foot wide strip
of land along Chapman
Avenue.MAYOR COONTZ OPENED THE PUBLIC
HEARING.PAGE
18
1
CITY COUNCIL MINUTES October 28, 1997
13. NOTICED HEARINGS (Continued)
THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 8836
A Resolution of the City Council of the City of Orange finding and determining that the Public
Interest and Necessity require the acquisition by eminent domain of certain real property located
at the southwest corner of Chapman Avenue and The City Drive for public use and authorizing
and directing condemnation.
MOTION - Murphy SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Resolution
No. 8836 as introduced, be adopted and same was passed and adopted by the preceding vote.
13.3 PROPERTY
ACQUISITION BY EMINENT DOMAIN, NORTHEAST CORNER OF CHAPMAN AVENUE
AND MANCHESTER AVENUE; CITY OF ORANGE Time set for
a noticed hearing on petition by the City of Orange to acquire the following property by eminent domain:
N/E corner
of Chapman Avenue and Manchester Avenue; Assessor's Parcel Nos. 137-471-18 Property
Owner: Metropolitan Life (C2500.M.14)MAYOR
COONTZ OPENED THE PUBLIC HEARING.THERE
BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING.RESOLUTION
NO. 8827 A
Resolution of the City Council of the City of Orange finding and determining that the Public Interest
and Necessity require the acquisition by eminent domain of certain real property located at
the northeast corner of Chapman Avenue and Manchester Avenue for public use and authorizing
and directing condemnation.MOTION -
Spurgeon SECOND - Mayor
Coontz AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved that Resolution No.
8827 as introduced, be adopted and same was passed and adopted by the preceding vote.PAGE
19 TITITI
CITY COUNCIL MINUTES October 28, 1997
14.PUBLIC HEARINGS Tape 630
14.1 APPEAL NO. 440; TENTATIVE PARCEL MAP 96-183; VARIANCE
2031-97;PAUL CLARK AND GEORGE ADAMS (A4000.
0 APP-440)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
and September 23, 1997 to this time. The Planning Commission found that approval
ofthis 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.NOTE: The applicant has modified the proposal to subdivide
the property into three lots. The variance is still required to request a waiver of site
development standards pertaining to lot size,
lot depth, building setbacks and parking.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 of this project.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 of the above, we respectfully request a hearing at
the City Council as soon as possible."NOTE: Mayor Coontz reported a request was
received from George Adams requesting this
item be continued
to December 9,
1997.MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to continue
to December
9, 1997.PAGE
CITY COUNCIL MINUTES October 28, 1997
15.PLANNING AND ENVIRONMENT Tape 6164
15.1 APPEAL OF CITY TRAFFIC COMMISSION DECISION; REQUEST FOR "25
MPH, WHEN CHILDREN ARE PRESENT" SIGNS (S4000.S.3.4)
Appeal of the City Traffic Commission's (CTC) decision denying the installation of "25 MPH,
WHEN CHILDREN ARE PRESENT" signs on Canyon View Avenue in the vicinity of Chapman Hills
Elementary School. It is recommended the City Council set aside the City Traffic Commission's
recommendation of June 11, 1997 denying the installation of "25 MPH, WHEN CHILDREN ARE
PRESENT" signs on Canyon View Avenue and direct staff to install "25 MPH, WHEN CHILDREN ARE
PRESENT" signs for both directions of Canyon View Avenue on its approaches to Handy Creek
Rd. in the vicinity of Chapman Hills Elementary School.
FISCAL IMP ACT: Funds are available for installation of these signs utilizing General Funds in
the Minor Traffic Control Devices Account No. 262-
5032-483100-6302.NOTE: Upon a request from those in attendance, this item was heard
when the Council reconvened from recess at 9:
00 p.m.The Director of Public Works reported the concern expressed by the appellant is "
25 MPH, WHEN CHILDREN ARE PRESENT" signs are needed due to the volume and traffic speed
in the area.Mayor pro tem Slater requested the following minute order: "Well, I like
to give credit where credit is due. I really want to compliment Councilman Alvarez for seeing
this through. I know he has been working on it for a long, long time. And while he is here, too,
I wanted to make sure you all know a personal friend of mine is the principal of
Chapman Hills
Elementary,Principal Kissee."Mayor Coontz also recognized Carol LaBounty. Councilman Alvarez
expressed appreciation to Carol LaBounty and Ed Kissee and others who helped
with this issue.The following people submitted speaker
cards in favor:Margaret Clarke, 8022
E. Elderwood Avenue Kathy Eckstaedt, 7946
E. Elderwood Avenue Jack Swain, 7925
E. Elderwood Avenue Hans Van Ligten, 308 S.
Santa Maria Drive Daryl Smetana, 7948
E. Timberland Avenue Terri
Sargeant, 137 Cobblestone Kimberlee Nichols, 7317
E. Morninglory Way Carol LaBounty, 8245
E. Ironwood Avenue Ron Kuskie,
7702 Live Oak Ed Kissee,
2144 E.
CITY COUNCIL MINUTES October 28, 1997
15. PLANNING AND ENVIRONMENT (Continued)
MOTION - Alvarez SECOND -
Mayor Coontz AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to set
aside the City Traffic Commission's recommendation of June 11, 1997 denying the installation of"25
MPH, WHEN CHILDREN ARE PRESENT" sings on Canyon View Avenue.MOTION - Alvarez SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved to direct staffto install "25
MPH, WHEN CHILDREN ARE PRESENT" signs for both directions of Canyon View Avenue on its
approaches to Handy Creek Rd. in the vicinity of Chapman Hills Elementary School.16. ORAL PRESENTATIONS NOTE:
Oral Presentations
were heard after
Item No. 12.5.RECESS The City Council recessed to
Closed
Session at 9:42 p.m. for the following purposes:a. Public employee performance evaluation pursuant
to Government Code Section 54957: City Attorney.b. Conference with
Labor Negotiator pursuant
to Government Code Section 54957.6: City Negotiator: Personnel Director. Employee Organization: All
Employee Organizations (List Available in Personnel Office)c. Conference
with Legal Counsel pursuant
to Government Code Section 54956.9(a) - existing litigation.City of Orange v. KPMG Peat
Marwick;
Orange County Superior Case No. 772237 City of Orange v. First Interstate Bank,
et al.; Orange County Superior Court Case No. 777753.City of Orange v. Robert C. Richard
and Shirley R. Richard, Trustees of the Richard Family Trust, et. al.; Orange County Superior Court
Case No. 777756.City of Orange v. Geneva Fulton, et
al.; Orange County Superior Court Case No. 777757.City of Orange v. Mary Jeanette Morton,
as Trustee, et al.; Orange County Superior Court Case No. 777760.PAGE 22 i:
CITY COUNCIL MINUTES October 28, 1997
RECESS (Continued)
City of Orange v. Geneva Fulton, et a1.; Orange County Superior Court Case No. 777762.
City of Orange v. Geneva Fulton, et al.; Orange County Superior Court Case No. 777763.
d. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any ofthe matters will not be considered in Closed Session.
RECONVENE
The City Council reconvened from Closed Session at 10:35 p.m. The following action was
taken:
MOTION - Mayor Coontz SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to authorize
the Mayor and City Clerk to execute an agreement with law firm of Shernoff, Bidart, Darras &
Arkin to represent the City in a legal action against the former Treasurer's performance
bond.17. ADJOURNMENT MOTION -
Alvarez SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez At the request of Councilman Alvarez,
the City Council adjourned at 10:35 p.m. in memory of Norma Fronk, a thirty year resident
of the City of Orange. Norma and her family were volunteers in the City of Orange.
Mrs. Fronk is survived by her sons, Mike and Jeff Fronk.CUMA.& 1-c~CASSANDRA JOCATHCART, CMC
CITYCLERK
JOANNE COONTZ MAYOR
t PAGE
23 I-
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