11-25-1996 Council MinutesAPPROVED BY THE CITY COUNCIL ON DECEMBER ro, 1996
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
November 26, 1996
The City Council of the City of Orange, California convened on November 26,1996 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 Mayor pro tern Barrera
1.2 ROLL CALL
PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT -
None 1.3
PRESENTATIONSI ANNOUNCEMENTSI INTRODUCTIONS - None 1.4 PROCLAMATIONS -
None2.CONSENT CALENDAR Tape
35 2.1 Declaration of
City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular
meeting of November 26, 1996 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 November I, 12, and 15, 1996.ACTION: Approved.2.3
Request approval
ofCity Council Minutes Regular Meeting of November 12, 1996.Councilman Slater abstained from
this item due to his absence at the November 12, 1996 meeting.ACTION: Approved.PAGE
1
n-TI
II
CITY COUNCIL MINUTES November 26, 1996
2. CONSENT CALENDAR (Continued)
2.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
CONTRACTS
2.5 Request Council approve Amendment No.4 to the tree trimming contract with West
Coast Arborists that would limit the total compensation paid to the contractor to the
amount approved in the City budget. (A2100.0 AGR-2082.
4)FISCAL IMP ACT: All funds for this contract are included in the existing
budget.Discussion: Barbara DeNiro, (Address on file), requested an explanation of the
contract amendment with West Coast
Arborists.The Director of Public Works explained that in addition to unit prices, the
present contract has a total amount which can vary from year to year. The contract requires
a contract amendment to change the amount which would make the maximum
amount subject to the budgetary process, which is set on an annual basis. It also allows
additional work to be done on a case-by-case basis on other
types of trees.ACTION: Authorized Mayor and City Clerk to execute on behalf
of
the City.CLAIMS 2.6 CLAIMS
FOR DAMAGES FROM:a. Aric
Tortorea, a minor
FISCAL IMPACT: None.ACTION: Denied claims and referred to City Attorney and
Adjuster. (
C3200.0)GRANTS 2.7 Request approval of a Housing Accessibility Program Grant in the amount of $
1 ,500 and a Homeowner Participation Program Grant in the amount of$I,875 for
Case #614 and authorize the Finance Department to prepare a warrant. (C2500.G.
1.3.4)FISCAL IMP ACT: Funds are budgeted in the Housing
Accessibility Program Account No. 316-6053-427800-1222 and
the
Homeowner Participation
Program Account
No.
316-
CITY COUNCIL MINUTES November 26,1996
2. CONSENT CALENDAR (Continued)
2.8 Request approval of a Homeowner Participation Program Grant in the amount of $2,000
for Case #611 and authorize the Finance Department to prepare a warrant.
C2500.G. 1.3. 1 )
FISCAL IMP ACT: Funds are budgeted in the Homeowner Participation Program
Account No. 316-
6053-427800-
1221.ACTION:
Approved.PARCEL MAPS 2.9 Request Council approve Parcel Map No. 88-442 and
accept dedication for street purposes as shown onmap. (
C2500.M.16.2)Owners:
ZML-Orange Limited Liability Company Location: Southwest comer of State
College Blvd. and Orangewood Ave.FISCAL IMPACT: The developer is dedicating
property toward construction of ultimate improvements on Orangewood Ave., resulting in
significant savings in future land acquisition costs
for improvement
ofthe
public right-of-way.ACTION:
Approved.RESOLUTIONS 2.10 RESOLUTION NO. 8708 A Resolution of the City Council of the City
of Orange amending the terms of the Memorandum of Understanding between the
City of Orange and the Orange Fire Management Association
concerning wages, hours, and working conditions of employment for the period of March 1,
1996 throughand including
February 28,
1998.C2500.J.4.3)
ACTION: Approved.2.11 RESOLUTION NO. 8712 A Resolution ofthe City Council of the
City of Orange repealing Resolution No. 8535,and adopting Resolution No. 8712
approving an operational area agreement between the County of Orange and political subdivisions and
the
City of
Orange. (A2500.
CITY COUNCIL MINUTES November 26, 1996
2. CONSENT CALENDAR (Continued)
Discussion: Barbara DeNiro, (Address on file), requested an explanation of political
subdivisions.
The Fire Chief explained political subdivisions are the water, school, sanitation and light
districts. The Operational Area Agreement is the result of the Standardized Emergency
Management System which was passed into law as a result of the Oakland fire. The
requirements are that an operational area be established within the county which would
involve all of its political subdivisions.
ACTION: Approved.
2.12 RESOLUTION NO. 8717
A Resolution of the City Council of the City of Orange upholding the recommendation of
the Planning Commission of the City of Orange and approving the revision of
development standards affecting Tentative Tract Map 15027. (Z1500.0 ZCG-1180.
96)Zone Change
1180-96 Applicant: Standard Pacific of
Orange County
ACTION: Approved.2.13 RESOLUTION
NO. 8718 A Resolution of the City Council of the City of Orange upholding the
recommendation of the Planning Commission of the City of Orange and approving the
subdivision of property situated north of Serrano Avenue and east of Lorna Street. (T4000.
0
TTT-15027)Revised Tentative
Tract 15027 Applicant: Standard Pacific of
Orange County
ACTION: Approved.2.14 RESOLUTION
NO. 8719 A Resolution of the City Council of the City of Orange expressing appreciation
to Mayor pro tern Fred L. Barrera and commending him for twenty years of
dedicated and outstanding service to the City of Orange as a member of the City Council. (
C2500.
D RES-
8719)ACTION:
Approved.PAGE
CITY COUNCIL MINUTES November 26,1996
2. CONSENT CALENDAR (Continued)
SPECIAL EVENTS
2.15 Request from Chapman University for the temporary suspension of permit parking
restrictions in 'Area A' on Thursday, December 5,1996 for the Orange County Economic
Forecast. (S4000.S.3.l.2)
FISCAL IMPACT: None.
Discussion: Carole Walters, 534 N. Shaffer, asked why Chapman University doesn't pay
for the temporary suspension of permit parking while residents have to pay to obtain
parking permits; indicating it is unnecessary to restrict permit parking in all of Area' A'.
The Director of Public Works explained it has been Council policy to approve the waiver
of restrictions for the Orange County Economic Forecast event on an annual basis.
Council discussed the notification process sent to participants of events at Chapman
University and parking availability; the frequency of individuals applying for permits;
that Chapman University follow the same parking notification process that they use for
football games; and requested a report from staff on the Permit Parking Program in
general.
ACTION: Approved.
TRACT MAP
2.16 Request Council approve the recordation of Tract Map No. 15027. (T4000.0 TRM-
15027)
Developer: Standard Pacific of Orange County
Location: Lorna Street south of Via Escola and north of Serrano Avenue
FISCAL IMPACT: None.
ACTION: Approved.
MOTION - Barrera SECOND -
Murphy AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Councilman Slater abstained
on Item No. 2.3. The ConsentCalendar was approved as recommended.END OF
CONSENT
CALENDAR PAGE 5 rIll
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CITY COUNCIL MINUTES November 26, 1996
3. REPORTS FROM MAYOR COONTZ
Mayor Coontz reported information has been received that the City of Orange's request that the
same area code as the Irvine Co. lands in East Orange will be fulfilled.
URGENT ITEM - Resolution No. 8721 - Marine CO\l)sAir Station EI Toro Ai\l)ortMOTION SECOND
AYES
Mayor
Coontz
Barrera Murphy, Barrera,
Mayor Coontz,
Spurgeon, Slater Moved that Resolution No. 8721
be added to the agenda as there is an immediate need for action which cannot reasonably wait for
the next regularly scheduled meeting; Resolution No. 8721 came to Council's attention
subsequent to the posting ofthe agenda.Mayor Coontz reported Resolution 8721
restates Council's support of the Re-Use ofMCAS El Toro which was previously
done by Council's adoption of Resolution No. 8473 on April 11,1995. Mayor Coontz read
Resolution 8721 in its entirety, indicating the voters of the City of Orange voted in support
of Measure A.Bob Bennyhoff, 10642 Morada
Drive, Orange Park Acres, expressed concern with the impact the flight paths will have
on Orange residents and requested Council consider some protection for Orange residents in the
Master Plan Environmental Impact Report relative to flight paths,altitudes and noise factors.
RESOLUTION NO. 8721 A
Resolution of the
City Council of the City of Orange supporting Alternative A of the Draft Community Re-Use Plan
and the Draft Environmental Impact Report on the Re-Use of Marine Corps Air
Station El Toro. (OCl300.D.S RES-8721)MOTION
SECOND
AYES
Mayor
Coontz Murphy
Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved
that Resolution No. 8721 as introduced, be adopted and same was passed and adopted by the
preceding vote.Councilman
Murphy, for the record, commented that the City stay abreast of the impacts as the City
progresses to the Environmental Impact Report phase in terms of impact and noise.4.
REPORTS FROM COUNCILMEMBERS Councilman
Slater presented an overview of his recent trip to Australia and New Zealand through
the Sister Cities Association.PAGE
6 nl
CITY COUNCIL MINUTES November 26, 1996
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
5.1 Reappoint Randy Bosch to the Planning Commission, term to expire 12/31/2000.
C2500.G.2.5.1)
MOTION
SECOND
AYES
Murphy
Spurgeon Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to
approve the appointment.6.ADMINISTRATIVE
REPORTS Tape 250 6.1
Treasurer's Report - For period ending October 31, 1996. (C2500.F)The Finance Director
reported the Cash and Investments totaled $107.7 million; cash receipts exceeded cash disbursements
by approximately $900,000. There were not any significant expenditures during the
month, however, interest payments were received which were slightly higher than normal
due to the timing of interest revenues. Investments totaling approximately 14.4 million
matured; approximately $12 million was reinvested in Treasury Notes, and $2.4 million intoLAIF.
The Local Agency Investment Fund balance ending October 31, 1996 was 5.6 million
and the Portfolio Yield to Maturity was 5.4%. Market valueswere up to 99.39% of book. The Portfolio
Weighted-Average Maturity is 1.73 years.MOTION SECOND
AYES
Mayor
Coontz
Barrera Murphy, Barrera,
Mayor Coontz,
Spurgeon, Slater Moved to receive and file.
6.2 Report from Director
of Community Services/Library concerning the Resource CenterQuarterly Report. (C2500.N)
The Resource Center Supervisor reported
the purpose of the Resource Center is to provide an alternate location for day laborers
seeking work as opposed to congregating in or around local businesses. The problem situation of
day laborers congregating on East Chapman Avenue has improved and many problem areas
are outside of the City's control. The Resource Center offers a new keyboarding program and continues
to offer English as a Second Language and Life Skill classes. Other agencies come to
the Center to give presentations.The Police Chief explained that
the job market dictates the number of day laborers on Chapman Avenue. During problem periods, overtime
and other available resources are used to provide educational material, enforcement activities, and
transportation. The day laborers are initially referred to the Resource Center.
Ifthey are contacted again, a citation is given. However,certain businesses do not want
police enforcement services. The Knoll's development has had a PAGE 7 rr-Il r--....
CITY COUNCIL MINUTES November 26, 1996
6. ADMINISTRATIVE REPORTS (Continued)
positive impact on the number of day laborers soliciting work. Within the last six months the
number of day laborers coming from other cities to the City of Orange has been minimized.
MOTION
SECOND
AYES
Barrera Murphy
Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved to
receive and file.7.REPORTS
FROM CITY MANAGER Tape 578 7.1
Report on the request from Fat Man Productions to close the Plaza to through traffic on
Sunday, Apri16, 1997 from 6:00 a.m. to 6:00 p.m. to display approximately 400 antique and
custom cars. (Continued from November 12, 1996) (S4000.S.4)TheDirector
of Community Development reported staff met with the event producer and the merchants in
the Plaza to explore ways of meeting the varied needs ofthe total community.During the
course of discussion, the concerns of the merchants were outlined which include:Closure of
the street limits access to businesses by regular customers.Filling up
of parking lots by car show visitors further limits access to businesses.The car
show participants bring lawn chairs, coolers and the like, blocking sidewalks and doorways.The
event
is not business friendly as the participants "do not support local businesses". This is based
on two years of experience with the car show.Also discussed
during the meeting were a variety of alternatives aimed at meeting the needs of all involved.
Alternatives discussed include:Having the
car show end and the street reopened at an early afternoon hour.Conducting the
car show on a Friday or Saturday evening.Finding a
different and more acceptable date.Finding an
alternate location such as the Lemon Street 10tlDepot area or Hart Park.At the
close of the meeting was there was little or no interest or ability in compromise solutions.The car
show producer desires a unique historic downtown setting for this event and needs the majority of
the day to conduct it successfully. The merchants believe the event is in conflict with their business.
The merchants are supportive of an event that does not close the Plaza on Sunday afternoon or
other prime business hour. The City has approved a small number of events in the downtown area
on an annual basis, which include the Street Fair, Gogh van Orange, and the Christmas Tree
Lighting. This represents approximately 7 or 8 days during which the Plaza is closed for
special events; approximately 6% of all the weekend days during the year or 2% of the full year.
PAGE 8
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CITY COUNCIL MINUTES November 26, 1996
7. REPORTS FROM CITY MANAGER (Continued)
John Feliciano, 10571 Crawford Canyon, indicated he was a merchant in the City of Orange for
many years and worked with the Chamber of Commerce to bring new businesses into the City.
The Chamber of Commerce looks for ways to bring individuals into the City from other parts of
the county to shop at the businesses. The idea is to get people into Old Towne Orange. The type
of individuals that frequent the car shows shop and collect antiques. It is a very positive show
that brings good people to a good City to have a lot of fun, the setting is perfect, and the money
raised is for a worthwhile charity.
The following individuals spoke in support to the event:
Frank Ambriz, 181 N. Stevens Avenue
Mike Sweeney, 508 S. Swid1er Place
Dana Bosch, 1598 N. Morningside
It was indicated the car show brings in well-mannered individuals from all areas; provides
an opportunity for merchants to promote their businesses; and that individuals attending the
car show bring business to the Old Towne
area.The following individuals also spoke in opposition to the
event:Lisa Ackerman, 2295 N. Tustin #28, stated that the Downtown Orange Business
and Professional Association agree that Fat Man Productions has a very nice event but
unfortunately it hinders businesses. It was suggested the event be held at Hart Park or
elsewhere.Janice Swift, representing Swift and Swift, 10 Plaza, indicated 65% oftheir clientele are
Orange citizens. The event severely interrupts her business during tax season as citizens are unable
to come to the business to pick up tax returns. No consideration was given by Fat Man
Productions for a different time, place, or
date.Bettie Woody, representing Woody's, 169 No.
Glassell Brian McBroom, representing J & J Antiques, 55 Plaza
Square Cheryl Turner, representing Somewhere in Time, 132 S.
Glassell Concerns expressed were the impact the event has on accessibility to the Plaza and
businesses,parking, and that individuals attending the event do not
shop.PAGE
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CITY COUNCIL MINUTES November 26, 1996
7. REPORTS FROM CITY MANAGER (Continued)
REBUTTAL
John Feliciano, 10571 Crawford Canyon, indicated the date selected was the best date available
in the area and that daylight hours are needed to display the vehicles. Old Towne Orange is the
perfect location for the event, which is a positive venture for the City and the community. The
individuals attending the event are courteous; lounge chairs and coolers are placed against the
vehicles or buildings, and they do not block doors or driveways. Fat Man Productions has their
own security policing the event and no problems have been experienced in the past.
Mayor Coontz reported over the years the City has spent millions of dollars to improve the Plaza
for the benefit of the entire community. The Plaza has a historic significance and is known
throughout the State of California and other places. It is important to remember the ownership of
the Plaza belongs to the community of Orange. Criteria needs to be provided to the Council for
the use and closing of the Plaza, which should be for community events. The City of Orange
continues to be recognized as "The Plaza City" through various events and most recently, the
filming in Old Towne of the movie, "That Thing You Do" starring Tom Hanks.
The City Manager suggested if Council agrees to pursue the event, that other parking be looked
at in designated areas i.e. Lemon Street lot, Depot parking lot, City Hall parking lot, or Chapman
University. Consideration should be given to an earlier closure time, access to the businesses;
and the date and hours of the event.
Councilman Slater asked the applicant if the suggested closure time of3:00 p.m. puts severe
restrictions on his show and why staff is proposing the 3 :00 p.m closure?
Will Fitzpatrick, 1135 N. Glassell, responded the 6:00 a.m. to 6:00 p.m. was requested to allow
time for clean-up. The Director of Community Development explained that staff
s recommended closure time of3:00 p.m. is based on discussions with Mr. Fitzpatrick in an
effort to try to open the street for a portion of the
day.Councihnan Spurgeon asked Mr. Fitzpatrick ifhe would be willing to send a letter to
participants of the car show to discourage coolers and encourage the use of chairs with umbrella
extensions,which could eliminate individuals lounging in the shaded sidewalk areas near the
businesses.Mr. Fitzpatrick responded attendees do buy at the restaurants and security will ask people
to move ifthere is a problem with access to businesses. It was further indicated the event
was changed to accommodate the merchants in the Plaza from April13'" to April
6"'.
MOTION
SECOND
AYES Slater
Mayor Coontz Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater PAGE 10
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CITY COUNCIL MINUTES November 26,1996
7. REPORTS FROM CITY MANAGER (Continued)
Moved to approve the request from Fat Man Productions to close the Plaza to through traffic on
Sunday, April 6, 1997 from 6:00 a.m. to 4:30 p.m. to display approximately 400 antique and
custom cars; consideration be given to the merchants; and the City Manager to direct staff to
assist Fat Man Productions with identifying and approving a map designating parking for the
event.
MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved that the
City Manager direct staff to develop policies that can be brought back, agreed to,and published, including
a determination of how many and what type of events are appropriate in the Plaza.7.
2 Report
on procedures to distribute obsolete computers to non-profit organizations.C2500J.3)
BarbaraDeNiro, (
address on file), asked if the obsolete computers could be donated to Saint Vincent de
Paul, since they donated computers to the day laborer program?Mayor Coontz
responded the obsolete computers could be donated if requested.MOTION SECOND
AYES
ABSTAIN
Barrera
Coontz
Barrera, Mayor
Coontz, Spurgeon,
Slater Murphy Moved to approve.NON-
AGENDA ITEM
The City Manager
reported on
a recent article in the Wall Street Journal which criticized the City of Orange and three other
cities for pigeonholing millions of dollars in housing money. The information which the Wall Street
Journal reporter founded its report from was inaccurate and an unfair characterization of Orange. The
City of Orange was lumped into a group of cities alleged not to have spent millions
of dollars in excess surplus revenues contained in redevelopment agencies housing set-aside funds.
The Economic Development Director and Assistant to the City Manager went to Sacramento
and told the true story of Orange's housing efforts and was able to focus the attention of
the Senate Land Use and Housing Committee on the high cost of relocation assistance.PAGE 11 rr-
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CITY COUNCIL MINUTES November 26, 1996
NON-AGENDA ITEM (
Continued)Mayor Coontz requested an attempt for a correction be made with the Wall Street Journal.
The City Manager indicated staffwill be directed to follow-up with written information to
the Wall Street Journal on the oral presentation made recently by the Economic Development
Director in Sacramento. Written documentation will also be sent to the Los Angeles Times reporter
that had inquired about the Wall Street
Journal article.8.LEGAL AFFAIRS
Tape 2562 8.1 ORDINANCE
NO. 25-96 An Ordinance of the City Council of the City of Orange repealing Chapter 8.06
of the Orange Municipal Code and replacing it with a new Chapter 8.06 relating to the
abatement of unattended shopping
carts. (A2500.0)The Assistant City Attorney reported the California Grocer's Association
objected to two provisions of the proposed Ordinance. The fIrst provision allowed the City
to remove shopping carts without notice where the owner of the cart did not have a shopping cart
retrieval plan. That provision was removed from the fInal version of the State law and has been
removed from the City Ordinance. The second objection was to the provision which allows the
City to remove shopping carts that block access to public sidewalks and streets, and othelWise
create a dangerous condition. The City does not believe that the legislature intended to preempt the City'
s ability to abate dangerous conditions on its public ways and to insure access to
the disabled. The Ordinance has been brought back for Council approval
with
one
revision.
MOTION SECOND
AYES Barrera
Slater Murphy, Barrera, Mayor Coontz, Spurgeon, Slater
Moved that Ordinance No. 25-96 have fIrst reading waived and was set for second reading by
the preceding
vote.8.2 ORDINANCE NO.
26-96 An Ordinance of the City Council of the City of Orange amending Chapter 8.24 of
the Orange Municipal Code pertaining to noise control. (
A2500.
0)
MOTION
SECOND AYES
Murphy Barrera
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved
that Ordinance No. 26-96 have second reading waived and be adopted and same was
passed and adopted by the preceding vote.
PAGE 12
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CITY COUNCIL MINUTES November 26, 1996
8. LEGAL AFFAIRS (Continued)
8.3 ORDINANCE NO. 28-
96 An Ordinance of the City Council of the City of Orange amending Title 15 of the
Orange Municipal Code relating to exemption from the requirement of building and related
permits.A2500.
0)
MOTION
SECOND
AYES Barrera
Murphy Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Moved
that Ordinance No. 28-96 have first reading waived and same was set for second reading
by the preceding vote.
8.4 ORDINANCE NO. 30-96 (URGENCY
ORDINANCE)An Urgency Measure of the City Council of the City of Orange declaring its intention
regarding the provision of ambulance services. (A2500.
0)The Assistant City Attorney indicated the Urgency Ordinance amends Chapter5.35 of
the Orange Municipal Code. The Urgency Ordinance clarifies the intention of Chapter 5.35 and
the adoption of a Resolution on August 8, 1995 pertaining to Emergency Management
Delivery System using the services of the City of Orange Fire Department. Litigation is
pending involving that action. The City's concern is that if a court should enjoin the use of the City
of Orange Fire Department to provide this service, the City's delivery of these services,
including the transportation, would be disrupted; it would be detrimental and affect the public health
and safety of the citizens of the City of Orange. The City does have the power to govern
municipal functions and make such
laws.NOTE: The City Council recessed at 6:23 p.m. and reconvened at 6:27 p.
m.The Fire Chief indicated if the pending litigation results in the elimination of the City'
s ambulance transportation program, it will have a major impact on the way emergency
medical services are provided. The City would return to its previous system wherein there would be
three paramedic units compared to the current ten units. This would result in a decreased level
of service to the community. The advanced life support and basic life support treatment
times would be increased. It is believed the City provides better medical control and an
improved continuity of care with the program currently in
place.Councilman Slater clarified that he had originally voted against the City supplying
emergency medical services, however, he supports the Urgency Ordinance and agrees with staff that the
City has a right to provide the
services.PAGE
13
CITY COUNCIL MINUTES November 26,1996
8. LEGAL AFFAIRS (Continued)
Carole Walters, 534 N. Shaffer, asked if the lawsuit would continue upon the passage of the
Urgency Ordinance; asked how much is being paid to the attorneys for the lawsuit; and
commented that too much money is being spent on lawsuits that could be prevented.
The Interim City Attorney responded the Urgency Ordinance will clarify what the Council's
intention was in adopting the original Ordinance, that is to retain the authority to use City forces
or another public agencies forces to provide transportation services. It was never intended that
the City would have to competitively bid against any private provider. The lawsuit will go
forward in different phases.
The Assistant City Attorney indicated the lawsuit is being handled in-house and no money
is being paid to outside
counsel.Michael Leight, 323 Main Street, Seal Beach, representing Medix Ambulance Service,
Inc.,expressed concem that the proposed Ordinance is an attempt to gain an advantage in
the litigation. The proposed Ordinance came to the attention of his client, Mr. Dimas, through
a representative of the Los Angeles Times. It was indicated the City should have made an
attempt to notify Mr. Dimas or himself of the existence of the proposed Ordinance. Mr. Leight
indicated a letter was submitted today by telecopier to the City Attorney listing the preliminary
objections of Medix Ambulance Service, Inc. to the proposed
Ordinance.Council Members confirmed receiving a copy of the preliminary objections submitted by
Medix Ambulance Service, Inc. and that it would be made a part of the
record.
MOTION
SECOND
AYES
Murphy Barrera
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved
to waive reading in full on Urgency Ordinance No. 30-96 and that Urgency Ordinance
No. 30-96 amending Chapter 5.35 of the Orange Municipal Code be read by title only and
same was passed and adopted by the preceding
vote.
MOTION
SECOND
AYES Mayor
Coontz
Barrera Murphy, Barrera, Mayor Coontz, Spurgeon,
Slater PAGE
14
CITY COUNCIL MINUTES November 26, 1996
8. LEGAL AFFAIRS (Continued)
Moved that the new finding on Ordinance No. 30-96 was adopted by the preceding vote and
read into the record as
follows:WHEREAS, this Urgency Ordinance is necessary for the immediate preservation of
the public health and safety of the community. The City Council has previously
determined that the public health and safety of the citizens of Orange are best protected by
utilization of an integrated Emergency Medical Services Delivery System administered through
the City of Orange Fire Department. The City Council has further determined that the
level of the Emergency Medical Services delivery system will be decreased if this ordinance
is not passed, which may result in an increase in exposure to risk of damage to our
citizens,including loss of
life:Due to a disruption of the City's Emergency Medical Services Delivery
System Due to increased Advanced Life Support response
times Due to increased Advanced Life Support treatment
times All of which may result in lower survival rates for citizens of our
community."8.5 ORDINANCE NO.
31-96 An Ordinance ofthe City Council of the City of Orange amending the Southridge
Area XX Planned Community District Text for property situated north of Serrano Avenue and
east of Lorna Street. (Z1500.
0 ZCG-1180-
96)Zone Change 1180-96
Standard
Pacific
of
Orange County
MOTION SECOND
AYES Murphy Spurgeon Murphy, Barrera, Mayor Coontz,
Spurgeon, Slater Moved that Ordinance No. 31-96 have first reading waived and same was set
for second reading by
the preceding vote.9. RECESS TO THE MEETING OF THE
ORANGE REDEVELOPMENT AGENCY 10. ORAL
PRESENTATIONS - None
PAGE
15
CITY COUNCIL MINUTES November 26, 1996
11. RECESS
The City Council recessed at 6:42 p.m. to a Closed Session for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation.
National Advertising Company vs. City of Orange, United States District Court Case No.
CV85-4968 TJH (CTx)
b. Conference with Legal Counsel - anticipated litigation. Initiation oflitigation pursuant to Government
Code Section 54956.9 c (one potential case).c.
To consider and take possible action upon such other matters as are orally armounced 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.No
action was taken during Closed Session. Council reconvened at 7:00 p.m.7:
00 P.M. SESSION 12.
1 INVOCATION Pastor
Bob Murphy, Santiago Hills Community Church 12.
2 PLEDGE OF ALLEGIANCE TO THE FLAG Led
by Mayor pro tern Barrera 12.
3 ANNOUNCEMENTS - None 12.4
INTRODUCTIONS - None 12.5 PROCLAMATIONS
A proclamation was
presented to Robyn Rae Tunstall, 1997 Orange County Teacher of the Year.12.
6 PRESENTATIONS -
None 13. PUBLIC HEARINGS - None
14. PLANNING AND ENVIRONMENT - None
PAGE 16 TITII n
CITY COUNCIL MINUTES November 26,1996
15.JOINT MEETING Tape 3645
Joint meeting with the Redevelopment Agency for purposes of conducting the annual meeting
for the Orange Redevelopment Agency. (R3500.0)
The Economic Development Director presented the Annual Report of the Orange Redevelopment
Agency for the period ending June 30, 1996. Slides were shown depicting the progress of
redevelopment in the City.
Councilman Spurgeon suggested the presentation be included as part of the candidate orientation
for the 1998 election.
Barbara DeNiro, (address on file), reported on her visit to the Ontario Mills; commented on the
truck traffic near the project; and asked if the $1 million in street improvements for the Orange
Mills will come from the Theo Lacy jail settlement?
The City Manager confirmed that the City is anticipating money from the Theo Lacy jail
settlement.
RESOLUTION NO. 8716
A Resolution of the City Council of the City of Orange receiving and authorizing the filing of the
Annual Report of the Orange Redevelopment Agency.
MOTION
SECOND
AYES
Barrera Murphy
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater Moved that Resolution
No. 8716 as introduced, be adopted and same was passed and adopted by the preceding vote.
16.ORAL PRESENTATIONS
Tape 3911 Barbara DeNiro, (address
on file), commented on Chapman University's use of the Irvine Hyatt Hotel for a
conference; the twelve police officers that checked for speeding vehicles on Shaffer between Taft and
Meats; few letters she delivers to the Orange City News are printed; a house for sale in her
neighborhood; and requested a list of the names of the 51 participants in the Citrus City Grille as
stated in the Sentry newspaper.PAGE 17 rIll
CITY COUNCIL MINUTES November 26,1996
17. ADJOURNMENT
MOTION
SECOND
AYES
Barrera Murphy
Murphy, Barrera,
Mayor Coontz, Spurgeon, Slater The City Council
adjourned at 7:45 p.m. to an Adjourned Regular Meeting, December 3, 1996 at 7 :00 p.
m. in the Council Chambers, 300 E. Chapman Avenue for the purpose of conducting an Oath of Office
Ceremony for the newly-elected officials for the City of Orange.CrAr'~CASSANDRA
J.
HCART, CMC CITY CLERK
COONTZ AYOR
PAGE
18
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