03-12-1996 Council Minutesh.:'.:-'.:\....... V.~..J .:)1. ....._.n~l ..................,~\.....___-l i-~,:\............ L...J, __:;-::; ,)CITY COUNCIL
MINUTES OF A
REGULAR MEETING ORANGE, CALIFORNIA
March 12,
1996 The City
Council of the City of Orange, California convened on March 12, 1996 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
Dan Slater 1.2 ROLL
CALL PRESENT - Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater ABSENT - None NOTE: Mayor
Pro Tern Barrera
was absent from the 7:00 p.m. Session.1.3 APPROVAL OF MINUTES
Regular Meeting - February 27, 1996
MOTION - Slater SECOND - Barrera AYES - Murphy,
Barrera, Mayor Coontz,
Spurgeon, Slater ACTION:
Approved, as amended.Adjourned Regular Meeting - March 5,
1996 MOTION - Slater SECOND -
Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon,
Slater ACTION: Approved,
as amended.1.
4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS The City Clerk introduced
newly hired Depl!ty
City Clerk, Marian Contreras.The
Director of Personnel introduced newly hired Personnel Analyst, Mike Harary.a. A
letter of appreciation was presented by Mayor Coontz to Michelle Gregory
and Sandy Str~t from John M. George, Captain, U.S. Army recognizing their
efforts for the soldiers of Company B in Bosnia. (C3500.0)It was requested that Council
consider wearing yellow ribbons, at the next Council
meeting, and a yellow ribbon be placed on the flagpole in front of
City Hall.PAGE 1 r T ~1 rUi--T--
CITY COUNCIL MINUTES March 12, 1996
1. PRESENTATIONS/ANNOUNCEMENTSIINTRODUCTIONS (Continued)
b. A Certificate of Recognition honoring the City of Orange's Employee Trip Reduction
Program on the 5th Anniversary of the Employee Ride Share Program was presented.
c. A Certificate of Recognition was presented to Patricia Roth for her dedication and
successful administration of the Rideshare Program in its fifth year.
1.5 PROCLAMATIONS
A Proclamation was presented to Norma Hockensmith, Community Relations ChairpersonfortheGirlScouts "Be Your Best Day".
2.CONSENT CALENDAR TAPE 493
2. I Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agendaofaregularmeetingofMarch12, 1996 at Orange Civic Center, Main Library, Police
facility at 1107 North Batavia and the Eisenhower Park Bulletin Board; 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 February 23 and 27, 1996.
ACTION: Approved.
AGREEMENTSIBIDSICONTRACTS
REMOVED AND HEARD SEPARATELY)
2.3 Authorize execution of First Amendment to Agreement between the City and the Law
Offices of Liebert, Cassidy & Frierson for legal services. (A2JOO.O AGR-J042.K.
I)FISCAL IMPACT: Funds are budgeted in Account No.
100-0301-426100-
9865 _Personnel Legal Services.Discussion: Nick Lall, 6231 Mabury Avenue, expressed concern
relative to the subject agreement regarding employee lawsuits with a $30,000 cap without
any written
consent of the Council.The Interim City Manager responded the City Manager
is authorized to consummate contracts
less than $30,000.The City Attorney indicated the agreement will have a cap which is
not outlined in the agreement. It is controlled by the budget appropriations and Council has
by line item in the budget appropriated certain amounts of money for
personnel legal services. The 30,000 amount has been reached and now needs Council
approval to
CITY COUNCIL MINUTES March 12, 1996
2. CONSENT CALENDAR (Continued)
amount. Grievances are involved with associated costs; and the agreement can be
terminated at any time for any reason. The City Attorney monitors and controls the legalservicesbeingprovidedandcanrecommendterminationofcontract.
The Personnel Director recommended Council not discuss ongoing litigation involving the
City because of the confidential nature and the impact on the privacy and rights of
individuals.
Carole Walters, 534 N. Shaffer Street, expressed concern about legal fees and requestedCouncillookatthisitemmoreclosely.
MOTION - Murphy SECOND -
Barrera AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to authorize
the Mayor and City Clerk to execute on behalf of the City. The City Manager was instructedtoreportbackwiththetotalamountbudgeted.2.4 Request
Council award Bid No. 956-15 in the amount of $87,358.00 for the construction of water
mains on Palmyra Avenue and on Oak Street to F. T. Pipeline Construction Company ofEtiwanda,
CA. (A2100.0 AGR-2564)FISCAL
IMPACT: Funds have been allocated in Account No. 310-6085-
474501-182 Water Line Replacement Grant
No. B-95-MC-06-0507).ACTION: Authorized Mayor and City Clerk to
execute
on behalf of the City.APPROPRIATIONS
REMOVED AND HEARD SEP ARATEL Y)2.5 Request Council appropriate a total of $15,000 for
the Fiscal Year 1995-96 budget to Account 100-1401-426400 inordertocontinuefundingforhiringoperationsinthePersonnelDepartment, specifically
current pre-employment medical and psychological exams. (C2500.J.4)FISCAL IMPACT: $15,
000 to be
added to Account 100-1401-426400 - Medical and Psychological Pre-employment Exams.Discussion: Barbara
DeNiro, 1118 E. Adams, referred to the $750 cost for each cadet applicant for the Police
Department and asked if the City was hiring
ten more cadets in next four months to account for $15,000?The Interim
City Manager responded Council directed last year to increase the number of reserve officers. Not allofthecostsassociatedwiththisitemwerebuilt
into the
budget
CITY COUNCIL MINUTES March 12, 1996
2. CONSENT CALENDAR (Continued)
The Director of Personnel confirmed the cost effectiveness as indicated by the City
Manager; costs consists of in-depth psychological review, in-depth background
review of the applicant, and a thorough interview process. The Police Department is
looking at processing 20-30 additional candidates by the end of the year, in
order to maintain adequate staffing level in the streets, and an effective reserve program in
order to deploy
personnel as necessary.
MOTION - Murphy SECOND -
Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater
ACTION: Approved.
REMOVED AND HEARD SEP ARATEL Y)
2.6 Request Council appropriate $30,000 from Unappropriated Reserves to Account 100-
3022-44510, Fire Paramedic Medical Supplies, for the purchase of Emergency
Medical Supplies. (C2500.
H)FISCAL IMP ACT: This request will allocate $30,000 from General Fund
Unappropriated
Reserves.Discussion: Barbara DeNiro, 1118 E. Adams, questioned the additional $30,
000 requested and whether this program cost the citizens any
money?The Acting Fire Chief responded that prior to July, 1995, supplies were obtained
from UCI Medical Center. As a result of federal law changes, UCI no longer provides
this service. The actual costs were underestimated, making it necessary to request
an additional $30,000 to purchase supplies. As a result of the transportation program,
they are able to bill for these supplies, and get a recovery on the amount of money collected
for the
supplies.MOTION - Murphy
SECOND - Barrera AYES -
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.
GIFf ACCEPTANCE
REMOVED AND
HEARD SEPARATELY)Request Council
accept a gift from John F. Fonley, Retired Water Superintendent, of a Fluid Conservation
Systems Electronic Leak Detector, Model FCS-S-20 to the City of
Orange for use in the Water Division. (C2500.P)
FISCAL IMPACT: Value of gift is $3,600.00.
PAGE 4
CITY COUNCIL MINUTES March 12, 1996
2. CONSENT CALENDAR (Continued)
John Fonley, retired Water Superintendent, demonstrated the Electronic Leak Detector.
ACTION: Accepted with appreciation.
RESOLUTIONS
2.8 RESOLUTION NO. 8594
A Resolution of the City Council of the City of Orange expressing appreciation to
Lieutenant Timm Browne of the Orange Police Department and commending him for
more than twenty-four Years of service to the City of Orange. (C2500.
K)ACTION:
Approved.2.9 RESOLUTION NO.
8596 A Resolution of the City Council of the City of Orange amending the Top
Management Resolution No. 8362 to increase the salary range for the City Attorney from Range
600 7109-$9117) to Range 618 ($7777-$9973) and directing staff to amend the Fiscal
Year 1995-96 Budget to reflect this change effective May 12, 1996. (
C2500.B)
ACTION: Approved.
SPECIAL EVENTS REMOVED AND
HEARD SEPARATELY)2.10 Request from the Chamber of Commerce to approve the closure of the Plaza area
for their annual Gogh Van Orange event to be held Saturday, May 4 and Sunday, May
5, 1996 from 10:00 a.m. to 7:00 p.m. (pI300.
0.9)FISCAL IMPACT: None. Adequate funds are available for clean up
and security.Discussion: Barbara DeNiro, I I I 8 E. Adams, questioned who provides funds
for the clean-up and security of the events outlined in Items No. 2.10, 2.11
and 2.12.The Director of Community Development responded that the event sponsor
will pay the necessary costs
for the events.
MOTION - Spurgeon SECOND -
Barrera AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater
ACTION: Approved.
PAGE 6
I
CITY COUNCIL MINUTEs
March 12, 1996
2. CONSENT CALENDAR (Continued)
REMOVED AND HEARD SEPARATELY)2.11 Request from Orange Rotary Club, Orange Elderly Services and Orange Cares to reservetheCityparkinglotadjacenttotheSeniorCenterat170S. Olive Street for Spring FunFest '96 charitable fund raiser on Saturday, April 27, 1996 from 7:00 a.m. to 4:00 p.m.1'arking for attendees will be available in other City parking lots and public streets.)1' 1300.0.9)
FISCAL IMPACT: None. Adequate funds are available for clean up and security.
ACTION: Approved. (See Item 2.10 for vote count)
REMOVED AND HEARD SEPARATEL Y)2.12 Request from Assistance League of Orange to reserve the public parking lot at 100 NorthLemonStreetfora50's theme road rally charitable fund raiser on Sunday, April 21, 1996from12:00 noon to 4:00 p.m. (1'1300.0.9)
FISCAL IMPACT: None. Adequate funds are available for clean up and security.
ACTION: Approved. (See Item 2.10 for vote count)
MOTION - Murphy SECOND -
Barrera AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Items 2.3,
2.5, 2.6, 2.7, 2.10, 2. I I and 2.12 were removed and heard separately, all other items on theConsentCalendarwereapprovedasrecommended.END OF CONSENT
CALENDAR 3.REPORTS FROM
MAYOR COONTZ TAPE 1072 3.1 Report
opposing the proposed consolidation of the Orange County Transportation Authority and theTransportationCorridorAgencies, cover letter and resolution.RESOLUTION NO. 8592
A Resolution of
the City Council of the City of Orange opposing the proposed consolidation of the Orange CountyTransportationAuthorityandtheTransportationCorridorAgencies.Mayor Coontz presented
an overview of the report opposing the proposed consolidation of the Orange County TransportationAuthority (OCTA) and the Transportation Corridor Agencies. A proposal has beenmadetoconsolidatetheOrangeCountyTransportationAuthoritywiththeTransportationCorridorAgenciesbyOrangeCountylegislativerepresentatives. The PAGE 8 r - - -
CITY COUNCIL MINUTES March 12, 1996
3. REPORTS FROM MAYORS COONTZ (Continued)
Transportation Corridor Agencies were formed because it was recognized that a single-
purpose agency was necessary to assure timely completion of the toll road projects. The
Transportation Corridor Agency is comprised of representatives from cities affected by the
Transportation Corridors which opposes the present proposal to consolidate the Corridor Agencies with OCT
A.The major concerns are that consolidation will not lead to more efficient operations; will create
a large bureaucracy; and divert attention from the single-minded focus of the
corridor agencies.Councilman Murphy understood the present request to be a proposal for a study
of consolidation.The Transportation Corridor Agencies, including the City of Orange representatives
at the meeting, did vote against the consolidation; requesting the report be filed, rather thanactionbeingtakenatthistime. If the Resolution is to be passed, accuracy is important in terms in
what the Resolution
calls out.The Director of Public Works responded that this is a policy issue. There is a strong
and broad based interest among cities that are members of the Transportation Corridor Agencies. It
is the City's obligation to participate and collect fees from developers that support
the construction activities. Concern is that the focus would be lost in the event of any consolidation
activity. A single-purpose agency should cease to exist once its goals have been achieved. Pro's and
con's of consolidation were presented. This approach, with the organizational structure that
exists at the present time, is the most effective way to deliver a project. To make the kinds
of changes that may result from consolidation is potentially detrimental to achieving that project in
a timely
cost-effective fashion.Councilman Spurgeon spoke in reference to the staff report from the Director
of Public Works and commented his understanding is that OCT A does have a qualified engineering
staff that is working with CalTrans and has a million dollar contract with Flour Daniel. It
is unclear whether the City would want to support a study for consolidation to just
oppose consolidation by buttressing the TCA and in the meantime casting aspirations on the OCTA who the
City has to keep good relationships with. They are in current partnership with the City in the
depot area with parking; and a million dollar grant the City's trying to receive for the Old Towne
area. Based on these facts, Councilman Spurgeon opposed the consolidation, and recommended
a study be conducted with facts presented, in order to voice his opposition
to the consolidation.Bob Bennyhoff, 10642 Morada Drive, commented he served on the
committee that wrote Measure M, and has attended meetings on the Eastern Transportation Corridor for
the past fifteen years. It was a mistake when the Eastern and Foothill legs were merged. It was
not realized that with the incorporation of the cities to the south, the north county cities are
now outvoted as evidenced with the membership of OCT A. He urged Council to adopttheResolutionopposingtheconsolidationsotheCity's
position is clear.Councilman Slater, alternate member on the Transportation Corridor
Agency, expressed his concern with the proposed consolidation and recommended the matter be tabled
at this
nT-
IF CITY COUNCIL MINUTES March 12,
1996 3. REPORTS FROM MAYOR COONTZ (
Continued)Carole Walters, 534 N. Shaffer Street, urged the Council not to vote on this issue~ to take
more time for
consideration.Mayor Coontz withdrew Resolution No. 8592 temporarily, suggesting the Public Works
Director and the consultant meet with members of Council who have not had the opportunity to
be representatives to the Eastern Transportation Corridor and provide them knowledge on
the Corridor issue. Additional information will be provided on the monetary problems involved
with the bonding and the takeover by OCT A of the Eastern Transportation Corridor which will
not meet the mandates of the
bonding.4. REPORTS FROM COUNCILMEMBERS - None
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 1906
5.1 Accept the resignation of Pat Buttress from the Community Video Advisory Board,
effective March 1, 1996, and instruct the City Clerk to begin Maddy Act requirements.
ORI800.0.28)
Mayor Coontz commented Ms. Buttress has moved out of the City. The Community Video
Advisory Board suggested Ms. Buttress remain as an ad hoc member, with no voting powers.
The Council accepted this suggestion.
MOTION
SECOND
AYES
Murphy Joanne
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved to accept
the resignation with regrets, and instructed the City Clerk to begin Maddy Act regulations.6.ADMINISTRATIVE
REPORTS
TAPE 1964 6.1 Report
from the Director of Public Works regarding appropriation of $250,000 to purchase property at
1420 Cannon Street for the future Crawford Canyon Road/Cannon Street widening and
realignment project. (p2500.0)The Director of
Public Works spoke regarding the need to realign Cannon Street due to the opening of Crawford
Canyon Road; involves acquisition of six properties; the property at 1420 Cannon Street is
on the market; and requested funds be appropriated to allow negotiations with the property owner.
MOTION SECOND AYES
Barrera
Coontz
Murphy,
Barrera, Mayor
Coontz, Spurgeon,
Slater PAGE 8 rr 1i
CITY COUNCIL MINUTES March 12, 1996
6. ADMINISTRATIVE REPORTS (Continued)
Moved to approve the appropriation of $250,000 from unappropriated Gas Tax: Reserves (Fund
272) to Account #272-
5011-483300-3424.6.2 Report from the Director of Public Works regarding appropriation of $
275,000 to purchase the property at 292 N. Main Street, south of Palm Avenue, which
is needed for the future widening of North Main
Street. (p2500.0)The Director of Public Works reported the project is within the school boundaries.
This parcel is to widen North Main Street. The property is on the market. A concern is
the right-of-way line passes through the building. It may be some time before the
street
widening
project
would
be undertaken.
MOTION SECOND
AYES Slater Spurgeon Murphy, Barrera, Mayor Coontz,
Spurgeon, Slater Moved to approve the appropriation of $275,000 from unappropriated reserves
Measure "M"Turnback (Fund 262) to
Account #262-5011-483300-4040.7.REPORTS
FROM CITY
MANAGER TAPE 2073 NON-AGENDA REPORT The Interim City Manager advised Council of a report recently
brought to his attention relative to the Sanitation Districts proposal to purchase the landfills from
the County. A report will be provided at the March 26, 1996 Council
meeting addressing these issues and concerns.Bob Bennyhoff, 10642 Morada Drive, indicated he
attended the Sanitation District meeting. Mr.Bennyhoffreported the landfill gate fees were lowered from $35
to $27 a ton. The City Manager's Association was against it, the Sanitation District was opposed,
but the vote was 5-0 to approve the lower fee. The Sanitation District announced
they would make a final decision next week
relative to the purchase of the landfills.In response to Mr. Bennyhoff, the Interim City Manager
reported the discussion of the gate fees was a controversial issue. There was disagreement relative to gate
fees being raised to $35 a ton.The City Manager's Association position to have
the rates reduced looked good. However, the concern is how much money has been set aside
for the capital improvements of maintaining safe landfills. It's been discussed there may be a subsidy of the lower cost
of$27 a ton by those capital improvement fees in another account. It makes
a tremendous difference on
the actual
amount
paid
for the landfills.
CITY COUNCIL MINUTEs
March 12, 1996
8.LEGAL AFFAIRS
TAPE 2467
8.1 ORDINANCE NO. 4-
96 An Ordinance of the City Council of the City of Orange amending Chapter 2. 10 of theOrangeMunicipalCodepertainingtocampaign
reform.Continued from February 13,
1996.)Mayor Coontz announced Ms. Grindle telephoned today requesting this item be continuedtoMarch26, 1996 since she was ill and unable to be
present.MOTION - Murphy
SECOND - Barrera AYES -
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to
continue first reading of Ordinance No. 4-96 to March 26, 1996 meeting.8.
2 ORDINANCE NO. 7-96
An Ordinance of the City Council of the City of Orange amending Chapter 2.16 of the OrangeMunicipalCodeaddingappointment (hiring) of the City Treasurer and City Clerk to the duties oftheCityManagerintheeventballotmeasuresHHandIIareapprovedbythevoters. (C2500.E)
Nick Lall, 6231 Mabury, stated that he feels Measures HH and II will fail again. There is a directcorrelationoftheactiontoappointwhichmeansCouncilhastohavedirectresponsibilityandactiontoappointthesepositions.
The City Attorney clarified the word appointment vs. hiring is merely symantics. Ordinance 7-96 is conditioned upon a majority of the voters approving the appointment of the offices, andwouldbeaddedtothoseofficer's or employee's that are now hired, appointed or selected by theCity
Manager.
MOTION
SECOND
AYES Slater
Murphy
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved
that Ordinance No. 7-96 have first reading waived and same was set for second readingonApril9, 1996 by the preceding vote.
8.3 ORDINANCE NO. 10-96 - URGENCY
An Urgency Measure of the City Council of the City of Orange adding Chapter 5.86 andamendingTitle17oftheOrangeMunicipalCodepertainingtoSexuallyOriented! AdultBusinesses. This Ordinance shall take effect immediately in order to protect the public safety,health and welfare. (A2500.0)
PAGE 10
r-
CITY COUNCIL MINUTES
March 12, 1996
8. LEGAL AFFAIRS (Continued)
The Assistant City Attorney gave an overview of the report that would impose regulations in theOrangeMunicipalCodecausingittobemoreeffectiveinaddressingimpactsthatwereassociatedwiththeseuses. The proposal is to amend zoning provisions to allow them in the C-3 andM-2 zones; to provide adequate sites available in accordance with state law to accommodateusesandvalidatetheCity's approach to validate these uses. Also proposed is to adopt regulationsfortheusesandincludetheminthebusinesslicensingportionoftheMunicipalCode. Citiesmaynotprohibitadultbusinessaltogetherfromthecommunity. Cities may address adverseornegativesecondaryaffectsthatareassociatedwiththeseuses, i. e. lower property values, increased crime,deterioration and blight. In order to address the negative factors, suggestedregulatorystandardswouldbeincludedintheMunicipalCodethatanyproposedusewouldhave
to observe.According to the City's proposed standards, distance requirements for these uses would be1,000 feet away from residences, parks, schools, churches, and other adult uses. This distancewouldbeincreasedfromtheCode's current 500 feet requirement. The proposedOrdinanceaddressesminimumlightingstandards, noise abatement, and security requirements. It is proposedthatliveentertainmentwouldhaveanestablishedareasixfeetawayfrompatrons. Alsorecommendedisthateachperformerassociatedwithliveentertainmentbeseparatelylicensedasanindividual.The Police Department would have the ability to do background checks. Personswithprevioussex-related crimes would be eliminated from consideration for locations
in the City.Barbara DeNiro, 1118 E. Adams, expressed her concerns about free speechandaddressedanewspaperarticlerelative
to
adult
uses.
MOTION
SECOND AYES
Murphy Coontz Murphy, Barrera, Mayor Coontz, Spurgeon,
Slater Moved regarding Urgency Ordinance No. 10-96, with the addendum from theCityAttorneydatedMarch12, 1996, that reading in full be waived and same was passed and adoptedbythe
precedingvote.8.4 ORDINANCE
NO. 11-96 An Ordinance of the City Council of the City of Orange adding Chapter 5.86totheOrangeMunicipalCodepertainingtoSexuallyOriented/Adult
Businesses. (
A2500.
0)
MOTION
SECOND AYES
Murphy Coontz Murphy, Barrera, Mayor Coontz, Spurgeon,
Slater Moved that Ordinance No. 11-96, with addendum from the City Attorney dated March12, 1996,have first reading waived and same was set for second reading be the
preceding
vote.
CITY COUNCIL MINUTES March 12, 1996
8. LEGAL AFFAIRS (Continued)
Councilman Spurgeon gave the following minute order for the record. "I think it's very
unfortunate that we have to subordinate our community values and goals to appease court
decisions on so-called free speech. But in lieu of case law and spending a lot of taxpayer's
money,we just have to do what we did. I think it's very unfortunate that we have to subordinate our
own goals and values in the
City".
MOTION
SECOND
AYES
Murphy Slater
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved
to direct the Planning Commission to consider amendments to Title 17 of the Orange Municipal
Code to ensure that Title 17 provisions are consistent and complimentary to the regulations
under Chapter 5.86.MOTION
SECOND
AYES
Mayor
Coontz Murphy Murphy,
Barrera,
Mayor Coontz, Spurgeon, Slater Moved to establish
a method of tracking the possible secondary effects of sexually oriented adult businesses in place
in the City of Orange, through a task force or other methods, to include all departments that could
possibly be involved. Further, to include a snapshot be included of the time and place
when a business goes in, in order to tell the deterioration that occurs from that point.9. RECESS
TO
THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS
Carole Walters, 534
N. Shaffer Street, stated she was not notified when permit parking was removed in Area
A as requested by Chapman University on March 12, 1996. Ms. Walter submitted questions regarding
the Tom Hanks filming and requested an answer from the City Manager by March
14th. Also, Ms. Walters felt the Council is educated and should vote when they are ready.
Bob Bennyhoffintroduced Teri
Canovello, who will be covering Council meetings while he and his wife take
a vacation.Pat Buttress, Southern
California Edison, 531 E. Chapman Avenue, commented she was looking forward to purchasing
a home again in Orange, thanked the Council for allowing her to serve on several Committee's
over the years.PAGE 12 i-
T -1
r rr 1
CITY COUNCIL MINUTES March 12, 1996
11. RECESS
MOTION
SECOND
AYES
Murphy
Barrera Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater The City
Council
recessed at 6:20 to a Closed Session for the following purposes:a. Conference with
Legal Counsel - anticipated litigation.Significant exposure to litigation
pursuant to Government Code Section 54956.9(b) (one potential case).Initiation oflitigation pursuant
to
Government Code Section 54956.9(c)(one potential case).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. Public employee appointment
pursuant to Government Section 54957: City Manager.d. To consider and
take possible action upon such other matters as are orally announced by the City Attorney, City Manager,
or City Council prior to such recess unless the motion to recess indicates any of the
matters will not be considered in Closed Session.7:00 P.M.
SESSION Note: Council reconvened at
7:20 p.m.12.1 INVOCATION Pastor
Ed Trenner, Grace
Church of Orange 12.2 PLEDGE OF
ALLEGIANCE TO THE FLAG Led by Councilman Mike
Spurgeon 12.3 ANNOUNCEMENTS The
City Attorney announced
that
Council has authorized the City to join in an Amicus brief in the case of County of
San Bernardino vs. City of San Bernardino, regarding emergency medical services. It would be at
no cost to the City.Mayor Coontz announced that during
Closed Session the City Council appointed David Rudat as City Manager for the City
of Orange. Councilmembers, Chief Higgins, Bob Bennyhoff and Carole Walters congratulated David Rudat
on his appointment.12.4 INTRODUCTIONS - None PAGE
13 IT --r fT T--
CITY COUNCIL MINUTEs
March 12, 1996
11. RECESS
MOTION
SECOND
AYES
Murphy
Barrera Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater The City
Council recessed at 6:20 to a Closed Session for the following purposes:a. Conference
with Legal Counsel - anticipated litigation.Significant exposure to
litigation pursuant to Government Code Section 54956.9(b) (one potential case).Initiation of
litigation
pursuant to Government Code Section 54956.9(c)(one potential case).b Conference withLaborNegotiatorpursuanttoGovernmentCodeSection54957.6:City Negotiator: Personnel
Director.Employee Organization: All
Employee Organizations (List Available in Personnel Office).c. Public employee
appointment pursuant to Government Section 54957: City Manager.d. To considerandtakepossibleactionuponsuchothermattersasareorallyannouncedbytheCity Attorney, CityManager, or City Council prior to such recess unless the motion to recess indicates any ofthematterswillnotbeconsideredinClosedSession.7:00 P.
M. SESSION Note: Council reconvened
at 7:20 p.m.12.1 INVOCATION
Pastor Ed Trenner,
Grace Church of Orange 12.2 PLEDGE
OF ALLEGIANCE TO THE FLAG Led by Councilman
Mike Spurgeon 12.3 ANNOUNCEMENTS
The City Attorney
announced that Council has authorized the City to join in an Amicus brief in the case of
County of San Bernardino vs. City of San Bernardino, regarding emergency medical services. It wouldbeatnocosttotheCity.Mayor Coontz announced
that during Closed Session the City Council appointed David Rudat as City Manager for
the City of Orange. Councilmembers, Chief Higgins, Bob Bennyhoffand Carole Walters congratulatedDavidRudatonhisappointment.12.4 INTRODUCTIONS _
None PAGE 13
CITY COUNCIL MINUTES March 12, 1996
12.5 PROCLAMATIONS - None 12.
6 PRESENTATIONS - None 13.PUBLIC
HEARINGS TAPE 4030 13.1
APPLICATION TO OPERATE TAXI BUSINESS, CALIFORNIA YELLOW TAXICAB COMPANY:
Time set
for a public hearing on petition by California Yellow Taxicab Company to request consideration of
an application to operate a taxi business in the City of Orange. (p1300.0.4)MAYORCOONTZ
OPENED THE PUBLIC HEARING.The Finance
Director reported the applicant failed to provide the necessary information on vehicle registration, and
recommended the application be denied.Mike Casey,
Applicant and General Manager for California Yellow Cab, 4500 Campus Drive,Newport Beach,
indicated the management has changed, and he will reapply under the new management.THERE
BEING
NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING.MOTION
SECOND
AYES
ABSENT
Spurgeon
Murphy
Murphy, Mayor
Coontz,
Spurgeon, Slater Barrera Moved to deny
the application.
13.2 APPLICATION TO OPERATE
TAXI BUSINESS, COASTAL CITY YELLOW CAB:Time set for a
public
hearing on petition by Coastal City Yellow Cab to request consideration of an application to operate a
taxi business in the City of Orange. (pI300.0.4)MAYOR COONTZ OPENED THE PUBLIC
HEARING.Hope McCulley, 1782 Nissan, Tustin,
representing Coastal City Yellow Cab, provided a completed application to Council.The
Finance Director confirmed the
application to be a business license application, which would be required after Council approval
of the cab service operation.PAGE 14
CITY COUNCIL MINUTES
March 12, 1996
13. PUBLIC HEARINGS (Continued)
The City Attorney stated the safety of the citizens of Orange is a consideration. ThetransportationofpassengersonthestreetsintheCityisnotaninheritright, but a privilege. TheCouncilcanexercisediscretiontograntorrefusetheapplication. The main concern of Council istofindthatthepublicconvenienceandnecessityrequirestheoperationofthevehicle. TheapplicantsnormallyaddresstheissueofpublicneedintheCity. Ifa need is determined, otherconsiderationscomeintoplace, i.e. safety, insurance requirements, and bonds. Regulations havetobereasonable. , All cab companies must be subject to the same regulations.
The City Manager stated the City's responsibility is the health and safety issue of the public thatutilizethecabservice. He requested that Council direct staff to establish criteria for review on anannualbasistoassuremaintenancerecords. The ability to prove a need and necessity for cabserviceintheCitycannotbedetermined.
Council discussion ensued relative to the age of the vehicles and the safety of the citizens ofOrange. The Code requires that Council determine a public need for the operation of the cabbusinessintheCity. If Council finds a public need exists, other requirements and findings comelater. There are no requirements for on-going inspection of the vehicles. The PoliceDepartmentortheHealthDepartmentmayinspectthevehicles, with probable cause, at any
time.Nasser Karaki, brother of the owner of Coastal City Yellow Cab, indicated his cabs arewellmaintainedandarethebestinthe
City.Bob Bennyhoff, 10642 Morada Drive, commented their fleet of cars is
old.Larry Slagel, representing Yellow Cab of North Orange County, spoke in opposition, indicating no complaints had been received from Yellow Cab Service. They provide 24-hr. cabserviceandprovidetheservicethe
City needs.THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSEDTHE
PUBLIC
HEARING.
MOTION
SECOND
NOES
AYES ABSENT
Spurgeon Coontz
Murphy, Slater Mayor
Coontz, Spurgeon Barrera Motion
to deny
the application failed.MOTION SECOND AYES
ABSENT
Murphy
Coontz
Murphy,
Mayor
Coontz, Spurgeon,
Slater Barrera PAGE 15
CITY COUNCIL MINUTES March 12, 1996
13. PUBLIC HEARINGS (Continued)
Moved to continue Item 13.2 to April 9, 1996 at 7:00 p.m. and directed City Manager to return
with guidelines on inspection, implementation, and maintenance of vehicles.
13.3 TRANSPORTATION SYSTEM IMPROVEMENT PROGRAM:
Time set for a public hearing to consider a resolution to adopt a revised fee schedule for the CityofOrange's Transportation System Improvement Program. The fees are utilized to pay a portionofthecostsassociatedwiththeimprovementofstreets, bridges and other arterial ways in the CityofOrange. The fees are applied to all new development within the City of Orange. (A2500.0
Transportation Systems)
The Director of Public Works noted corrections to the proposed Resolution. The fees presented
are a reduction from previous TSIP charges. The most significant changes in the fees are the
reduction in the commercial rate. There is an increase in residential rate. Significant advantages
are more land use categories and typical uses with proposals that may generate greater than or
less than average traffic; and the fees can now be matched to the particular use. The total
program before was based on $73 million Capital Improvement Program over 13 years, that
Program is now $54 million over the same time period.
MAYOR COONTZ OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING.
RESOLUTION NO. 8593
A Resolution of the City Council of the City of Orange establishing fees for the Transportation
Systems Improvement Program.
MOTION
SECOND
AYES
ABSENT
Murphy
Coontz Murphy,
Mayor Coontz, Spurgeon, Slater Barrera That
Resolution 8593
as corrected by the Director of Public Works, be adopted and same was passed and adopted
by the preceding vote.14. PLANNING AND
ENVIRONMENT - None 15. ORAL PRESENTATIONS Carole
Walters, 534 N.
Shaffer Street, expressed concern about a Jim Beam Campaign sign placed on the AinsworthHousepropertysinceisitalsoCityproperty.PAGE 16
CITY COUNCIL MINUTES March 12, 1996
15. ORAL PRESENTATIONS (Continued)
Mayor Coontz instructed the City Manager to investigate.
Barbara DeNiro, 11 18 E. Adams, asked who approved the Fire Department banners in the Plazaandwhopaysforthem. Also, who pays for the smoke detectors and CPR classes that areadvertisedbytheFireDepartment. Ms. DeNiro asked about the Mills Project and how it will
destroy new buildings, and questioned the $1 million dollar grant for Old Towne from Measure Mmonies. Ms. DeNiro also asked the status of the Mall of Orange.
The Acting Fire Chief responded that banners provide information to the community that a SmokeDetectorProgramandCPRTrainingProgramareofferedbytheFireDepartment. The smokedetectorsareprovidedthroughagrant. The CPR classes are given by the firefighter's on duty,and no money is being expended to provide the classes. The billboard was paid for by the FireUnion.
The City Manager reported that the federal grant came from the U. S. Consumer Product SafetyCommission.
Mayor Coontz commented the Mills Corporation has discovered the buildings cannot beconvertedintotheprojectasenvisionedbytheMillsCorporation.
The Director of Community Development stated the $1 million grant to Old Towne is transitrelatedandisappliedtothedepotarea. They are looking for enhancements in that area.
Mayor Coontz reported that she spoke to Harry Neuman and he is working on who will bebroughttotheMallofOrange.
Geneva Fulton, 180 I N. Greenleaf, Santa Ana, asked if it was permissible to put a sign on privateproperty. She requested assistance in removing signs from her property.
The Director of Community Development responded there are law regulating signs. Signs onprivateproperty, unauthorized by the property owner, can be removed. He stated he would assistMs. Fulton in removing the signs from her property.
Hugo Nielson, 775 N. Orange Street, stated that the Blue Bus has left his neighborhood, andrequestedtheCity's assistance in removing graffiti from the house next door.
The Director of Community Development responded that he had spoke with the property owner.He indicated that the graffiti should be removed in the next few days. The City is handling theissue, although it has been a difficult situation.
PAGE 17
CITY COUNCIL MINUTES March 12, 1996
16. ADJOURNMENT
MOTION
SECOND
AYES
ABSENT
Coontz Murphy
Murphy,
Mayor Coontz, Spurgeon, Slater Barrera The
City Council
adjourned at 8:39 p.m. to an Adjourned Regular Meeting on March 20, 1996 at 4:30 p.
m. in the Economic Development Conference Room to discuss the Community Development Block Grant
Program.H/CASSANDRA j.
THCART,
CMC CITY~LERK PAGE
18 I ---