03-14-1995 Council MinutesCITY COUNCIL MiNUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
MARCH 14, 1995
The City Council of the City of Orange, California convened on March 14, 1995 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
Given by Mayor Pro Tern Barrera
1.2 ROLL CALL
PRESENT - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ABSENT -
None 1.3
APPROVAL OF MINUTES Regular Meeting -
February 14, 1995.Continued from 2/
28/95)MOTION - Barrera SECOND -
Murphy AYES - Murphy,
Barrera, Mayor Coontz,
Spurgeon, Slater ACTION: Approved.Regular Meeting February 28,
1995.MOTION -
Barrera SECOND - Spurgeon AYES - Murphy,
Barrera, Mayor Coontz,
Spurgeon, Slater ACTION:
Approved.1.4 PRESENTA TIONS/ANNOUNCEMENTS/INTRODUCTIONS a.
Mayor Coontz,
member of the Orange CountyIntegrated
Waste Management Commission, announced she will be giving opening remarks at
a meeting scheduled for March 15, 1995 from 8:30 a.m. to
noon, at the Garden Grove Community Center, called,Picking the Community's Pocket - the Scavenging Dilemma" and
a closer look at enforcement and control of an old problem. The City of
Orange's Recycling Coordinator,Mrs. Gee and Police Captain Hernandez will also make presentations.
b. Mayor Coontz announced the League of Cities is sponsoring
a meeting to be held on March 17, 1995 in Fountain Valley regarding the distribution of
the County Pool moneys.PAGE 1
CITY COUNCIL MINUTES March 14, 1995
1.5 PROCLAMATIONS
Norma Hockensmith, Community Relations Chairwoman for the Girl Scouts Units of
Orange, accepted the proclamation honoring Girl Scout's "Be Your Best" Day, Tuesday,
March 14, 1995.
2.CONSENT CALENDAR TAPE 469
2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a
regular meeting of March 14, 1995 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 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in payment
of demands.
ACTION: Approved.
2.3 CLAIMS FOR DAMAGES FROM: (C3200.0)
Patricia Johnson
Ellen A. Bonneville
FISCAL IMPACT: None.
ACTION: Denied claims and referred to City Attorney and Adjuster.
2.4 Request Council approve amended 1-5 Freeway Agreement with California Department
of Transportation. (A2100.0.Agr.2044.
1)FISCAL IMPACT:
None.ACTION: Authorized Mayor and City Clerk to execute on behalf of the
City.2.5 Request Council authorization to award Bid No. 945-24, Street
Maintenance 1994-95,contract to R.J. Noble and approve increase of additional funds. (A2100.
0.Agr.2362)FISCAL IMP ACT: Funds have been appropriated through Measure M
and the Water Fund; an additional $60,000.00 appropriation is requested from
Assessment
District No.86-01.ACTION: Authorized Mayor and City Clerk to execute on
behalf of
CITY COUNCIL MINUTES March 14, 1995
2. CONSENT CALENDAR (Continued)
2.6 Request Council approve Agreement between City of Orange and Metropolitan Fiber
Systems of California. (AZI00.0.Agr.2362)
FISCAL IMPACT: None.
ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.
REMOVED AND HEARD SEPARATELY)
2.7 Request Council approve agreement with Southern Pacific Lines to complete crossing
improvements. (AZ100.0.Agr.2364)
FISCAL IMP ACT: Appropriate funds in the amount of $1 00,000 from Prop "M" Turn
Back money (Fund #262) for this project.
The Director of Public Works/City Engineer reported the subject agreement affected the
following locations: Main St., Batavia St.(2 areas), Glassell Ave., Katella Ave., Collins
Ave, Taft Ave. If this project is implemented with the work going on presently at the
Santa Fe tracks, all grade crossings of concern in the City will be brought up to an
acceptable standard. This is a joint project with the railroad. The City is paying for the
cost of materials and the railroad is providing the labor. At this time there is no schedule
for completion. Council will be adviesed, however when one is provided.
MOTION - Murphy SECOND -
Barrera AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Authorized Mayor
and City Clerk to execute agreement on behalf of the City.REMOVED AND HEARD
SEPARATELY)2.8 Request
Council approve an agreement with the City of Orange Symphonic Band for services in the
amount of$l,OOO.OO. (AZI00.0.Agr.0029.S)FISCAL IMP ACT:
An appropriation in the amount of$l,OOO.OO was included in 1994-95 City budget
in Account No. 235-0102-527800-7002 (Advertising and Promotion
Fund).
MOTION - Coontz SECOND -
Murphy AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Moved to
refer Item 2.8 and 2.10 to the City Manager and staff for resolution since they relate
to City policy.PAGE 3
CITY COUNCIL MiNUTES March 14, 1995
2. CONSENT CALENDAR (Continued)
2.9 Request Council approve agreement with the Orange Horseshoe Club to maintain the
horseshoe pits at Hart Park, effective March 15, 1995 to March 15, 1997.
A2100.0.Agr.2365)
FISCAL IMPACT: None.
ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City.
REMOVED AND HEARD SEPARATELY)
2.10 Request from the Girl Scouts of America for waiver of rental fees for the use of Hart Park
for their Girl Scout Day Camp from July 10-14, 1995. (p1300.0.
9)FISCAL IMPACT: Loss of revenue totaling $600.
00 ACTION: See Item 2.
8.2.11 Request from Orange North Rotary Club to conduct an Antique Sale on Sunday, April
23,1995 in the Lemon Street Parking Lot. (p1300.0.
9)FISCAL IMPACT:
None.ACTION:
Approved.2.12 Request from Immanuel Lutheran Church for closure of Pine Street from
Chapman Avenue to Almond Avenue on Tuesday, July 4, 1995 for their Annual Pancake
Breakfast.S4000.S.
4)FISCAL IMPACT:
None.ACTION:
Approved.2.13 Request from International Society of Arboriculture to hold their Southern California
Tree Trimmers Jamboree at Hart Park on June 24, 1995. (p1300.0.
9)FISCAL IMP ACT:
None.ACTION:
Approved.2.14 RESOLUTION NO.
8460 A Resolution of the City Council of the City of Orange expressing appreciation to
Marilyn J. Jensen, City Clerk and commending her for thirty years ofloyal and dedicated
service.C2500.
C)ACTION:
Approved.PAGE
CITY COUNCIL MINUTES March 14, 1995
2. CONSENT CALENDAR (Continued)
2.15 RESOLUTION NO. 8461
A Resolution of the City Council of the City of Orange adopting the Interstate 5 North
Corridor Aesthetic Theme and Guidelines. (H1200.0)
ACTION: Approved.
2.16 RESOLUTION NO. 8477
A Resolution of the City Council of the City of Orange amending Resolutions 5556, 6157
and 7155 eliminating the Employee Health Council. (C2500.J.4.16)
ACTION: Approved.
MOTION - Spurgeon SECOND -
Murphy AYES - Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Items 2.7,
2.8 and 2.10 were removed and heard separately; all other items were approved as recommended.END
OF CONSENT
CALENDAR 3. REPORTS FROM
MAYOR COONTZ - None 4. REPORTS FROM COUNCILMEMBERS -
None 5. REPORTS FROM BOARDS, COMMITTEES,
AND COMMISSIONS 5.1 Reappointment of Jerry
Coker to the Community Video Advisory Board, term to expire March 31, 1997. (ORI800.
0.28)MOTION SECOND AYES Spurgeon Murphy
Murphy,
Barrera,
Mayor
Coontz, Spurgeon,
Slater
Approved.5.2 Reappointment of the following
members
to the East Chapman Improvement Committee, terms to expire March 31, 1997: (
ORI800.0.8.8)Sylvia Caigoy, Tom Saenz, Jessie Ledesma, Bob
Torres, Nora Razo, James Whitaker, Jeff Gray Police)PAGE 5
CITY COUNCIL MINUTES March 14, 1995
5. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
MOTION
SECOND
AYES
Murphy
Barrera Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater Approved.5.
3
Accept with regrets the resignation of Bob Walters from the Planning Commission and instruct
the City Clerk to advertise the vacancy pursuant to Maddy Act requirements.C2500.2.
5.2)Mayor Coontz
commented the Orange Municipal Code outlines the regulations regarding the Planning Commission
appointment which indicates in Section 2.64.010, "Creates a Planning Commission consisting
of five members appointed by the Mayor with the approval of the majority of the
City Council." The ordinance covers the terms of office of four years and anyone who is appointed to
fill an existing term holds the office for the original length of the term, but may be reappointed for
a full term.The underlying
requirements for the position continue to be an individual who will be able to represent the
land use planning interest and concerns of the entire community. It is also expected that the
Planning Commissioner have the time for the job and further that they understand the stringent State
and local requirements regarding conflict of interest.The Maddy
Act provisions for this appointment involve a notification process. The City Clerk advertises in
the local newspaper. The applications will be reviewed by the Mayor and Councilmembers and
interviews scheduled. The appointment will be scheduled for the April 25,1995 Council
meeting.Mayor Coontz
asked Councilman Slater to assist with this appointment.MOTION SECOND
AYES
Coontz
Murphy
Murphy, Barrera,
Mayor
Coontz, Spurgeon, Slater Moved to accept Mr.
Walter's resignation with regrets and instruct the City Clerk to advertise the vacancy in accordance with
the Maddy Act.5.4 "Ad Hoc
Committeeon Grocery Cart Retrieval". (ORI800.1.ll)Members: Mayor Coontz and
Mayor pro tem Barrera Request City Manager provide
status report on grocery cart retrieval throughout the City.PAGE 6
CITY COUNCIL MINUTES March 14, 1995
5. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
Mayor Coontz reported she and Mayor pro tern Barrera were concerned about this issue and had
been asked by Councilman Slater to address it again. Many meetings have been held to include
administrative representatives from central offices of all the major grocery chains in Southern
California as well as representatives from the Southern California Grocery Association and the
local Grocery Managers to discuss this problem.
It is known that all local grocers contract with a cart retrieval company, which is a costly contract,
and in some cases go out several times a day to retrieve their own carts for their stores.
The committee promoted the cost of grocery cart retrieval through a video carried on Cable TV, a
program involving identification on the cart with a call in number; posters in the stores and fliers
called "bag stuffers." Throughout the seven major arterial locations chosen in the City, posters
are displayed for cart retrieval at bus bench areas. Also, the Police Department through the
Community Policing Program has assisted in this effort.
The committee requested a report through the City Manager to include information from the
Police Chief on how he views the present activity and what can be done to strengthen the
program. Also, a proposed ordinance has been discussed that would include punitive action. The
abandoned carts are a liability problem, and drive up the cost of groceries.
Councilman Slater commented that one of the main contributors to blight is the abandonment of
shopping carts. It was felt that the City of Orange should be precedent setting in this case and
solve this problem.
Police Chief Robertson reported the shopping cart complaints at this time are at a low level.
There are areas in the City where volunteers and community service workers assigned by the
courts have been picking up the shopping carts. There have also been many meetings with the
local grocers. It was suggested the public make their complaints known to store managers since
they have the most control over this problem.
An ordinance has been written but is not recommended for implementation at this time because
the Grocer's Association has guaranteed the City they would litigate immediately. The education,however should be continued. There is one problem area where there is not cooperation, the
Alpha Beta/Food For Less Store. The Police Department will continue to use volunteers to
sweep in the carts. If there comes to a point when the adoption of the ordinance is necessary,Police Chief Robertson will recommend this action to Council.2
Council asked if the shopping carts used by transients were returned? The Police Chiefindicated
in most cases the stores did not want them back.
6. ADMINISTRATIVE REPORTS - None 7.
REPORTS FROM CITY MANAGER - None PAGE 7
CITY COUNCIL MiNUTES March 14, 1995
8. LEGAL AFFAIRS
8.1 ORDINANCE NO. 4-
95 An Ordinance of the City Council of the City of Orange, adding Chapter 15.34 to the
Orange Municipal Code, requiring a permit for and otherwise regulating the use of explosives for
land form alteration blasting within the City. (A2500.
0)
MOTION
SECOND
AYES Barrera
Murphy
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater That
Ordinance No. 4-95 have second reading waived and be adopted and same was passed and
adopted by the preceding vote.
8.2 ORDINANCE NO. 5-
95 An Ordinance of the City Council of the City of Orange amending Chapter 2.50 of Title 2 of
the Orange Municipal Code redesignating the Investment Advisory Committee as the
Investment Oversight Committee. (OR1800.27.
16)Discussion: Nick Lall, 6231 E. Mabury Ave., asked jfthis committee was regulated by
the Maddy Act requiring these meetings to be published, notified, meeting on a regular basis and
open to the
public?The City Attorney indicated this committee is an existing committee by ordinance and the
only change is to the name of the committee. There are no changes to the makeup of the
committee.The Maddy Act would not be applicable in this case. The Brown Act however, was changed
last year by the legislature and there was a change to committees that have less than a quorum.
The definition of legislative bodies was broadened. Before those changes, staff members making up
a committee were not subject to the Brown Act, but citizens committees and less than a
quorum committees were subject to the Brown Act. This was discussed with Mr. Lall several weeks
ago.The initial review was for staff members, but the Brown Act was reviewed again and it seems
to include committees formed by ordinance whether they are advisory or a decision
making committee. It was recommended, as a precautionary measure, to give notice and allow
those meetings to be open with participation by the public. The City Attorney advised additional
legal research is
necessary.
MOTION
SECOND
AYES Barrera
Spurgeon Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater That Ordinance
No. 5-95 have first reading waived and set for second reading and same was passed
and adopted by the preceding vote.PAGE
8
CITY COUNCIL MINUTES March 14, 1995
8. LEGAL AFFAIRS (Continued)
8.3 ORDINANCE NO. 6-
95 An Ordinance of the City Council of the City of Orange amending Chapter 12.28 of the
Orange Municipal Code regarding street tree plantings, removals and maintenance. (A2500.
0)Discussion: The Director of PublicWorks/City Engineer reported the proposed ordinance is
a housekeeping ordinance which includes changes in the City organization since the adoption of
the last ordinance. This ordinance reflects those changes by assigning certain responsibilities
that were formally in Community Services to the Public Works Department, specifically the
Street Maintenance Division. It also increases the number of definitions that were in the
previous ordinance and brings those into conformance with definitions that appear elsewhere in the
Orange Municipal Code. As a policy item, there are standards for planting and removal of trees which
are consistent with current
practice.Mayor Coontz recognized the following
speakers:Barbara DeNiro, 1118 E.
Adams Lois Barke, 2022
Spruce Carole Walters, 534 N.
Shaffer Their concerns were expressed as
follows:Were these changes in the ordinance
advertised?The City Clerk indicated the notice was posted that this was going to be heard and it will
be published in the newspaper after adoption during the 30 day period before it is
effective.This issue needs a public hearing because of the major
changes.Does not agree with the waiving of the first reading of the ordinance and setting for
second
reading.Who is responsible for already existing
problems?Who determines
hazards?Is this the way of turning over tree maintenance from City to
homeowner?Sounds like another excessive
fee.Are we transferring liability from City to property owners
now.When trees are removed in the parkway, and curbing is repaired, who pays for
this?If a property owner does not want a tree, will it cost the property owner to plant the tree
some where
else?It appears the City is placing the entire responsibility on the property
owners.Safety problems are
involved.Remove the trees that are
detrimental.Property owners cannot afford to take care of these trees and should not have topay.Concern regarding the laws on the books that say if you remove a tree you go to
jail.PAGE
CITY COUNCIL MINUTES March 14, 1995
8. LEGAL AFFAIRS (Continued)
Councilman Slater commented there are potential problems with the ordinance and it needs
updating. There is a group within the community called "Orange For Trees," chaired by Bill
Cathcart, and it was suggested they review the ordinance.
Mayor Coontz announced the Orange For Trees is a part of the California Re-LeafProgram.
The members are Linda McCracken, Bea Herbst, Pat Buttress, Dan Slater, Ex-Officio
member, Dale Rahn, two arborists, Jim Berry and
the McCorrnicks.Mayor Coontz indicated there are people with different views on this issue and suggested
a study session. The Orange For Trees group could review the ordinance and be a part of
the process.Also, the questions brought up today need to be answered and discussed at the study
session, and which should include the original ordinance as part of the package, as well as the status of
the tree inventory and the costs to the City for
the
program.
MOTION
SECOND AYES
Coontz Slater
Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Move
to refer this issue to the City Manager for a future Study Session.9.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10.
ORAL PRESENTATIONS Bob
Bennyhoff, 10642 Morada Dr., commended the Council, Helen Walker, City Treasurer and Ann
Marie Gallant, Finance Director for the Oversight Committee and the new ways of keeping track
of where the City's money is supposed to be.Mr.
Bennyhoff asked the City Manager through the Mayor when the Personnel Director will be appointed?
The
City Manager indicated they are in final review of the candidates and have invited the top eight
for interviews which should be completed within a week to ten days.Mr.
Bennyhoff asked Councilman Murphy where Ben Pruett, Planning Commissioner lived?Councilman
Murphy responded Mr. Pruett lived in the eastern portion of the City, but did not have
his address.Mr.
Bennyhoffurged the Council that they maintain the geographic balance on the Planning Commission,
and that the Planning Commission try to represent all the City.Carole
Walters, 534 N. Shaffer, commented the Planning Commission appointment could be someone
from the north or west area of the City.PAGE
10
CITY COUNCIL MINUTES March 14, 1995
9. ORAL PRESENTATIONS (Continued)
Mrs. Walters suggested that a part of the Committee of Correspondence come in to assist the
Oversight Committee rather than continue fighting the bankruptcy, and suggest a committee of
residents to help and suggest ideas. Mrs. Walters further commented The Irvine Company had
taken all their money out before the bankruptcy and it appeared like an inside warning. This is
why there needs to be committees overseeing the process.
The City Manager reported the proposal on the table from the County is 77 cents that they
propose on each dollar. In addition to that there is another 2 or 3 cents as it relates to interest
that the County did not pay the City. Further, the County is trying to structure certain kinds of
bonds that will have some priority. What is left is 12% that is unstructured, uncollateralized
bonds which is the area that is trying to be resolved with the County and there has not been any
success.
Carole Walters further asked if anyone recently had spiked their pension, since a few years ago
retiring employees were doing this?
The City Manager indicated this was all over with now.
Nick Lall, 6231 E. Mabury Ave., spoke that the section from the bridge crossing the creek at the
LomalImperial connection, to where the extension begins where its paved for two lanes each
direction, with a one land across the bridge and then narrows down to a single lane at the Imperial
extension is causing chaos and is hazardous.
The City Manager instructed the Director of Public Works/City Engineer to investigate Mr. Lall's
concerns.
Mr. Lall asked how many in-house attorneys are on staff and how many legal firms on are
on
contract?The City Attorney responded there are four attorneys in-house compared to Santa
Monica which is less in population that the City of Orange has about 22 in-house attorneys. The
City of Orange is keeping as many legal services in-house as possible, and is continually trying
to keep cases in-
house to save money.There are some outside firms that do have the City's tort liability defense
cases which began three or four years ago. The total number is approximately seven, but they may have
one case or
be assigned one project.Through the efforts of the Police Chief, Public Works Director and
other department heads there is a good risk management system. Cases are being settled at early stages
where maybe the City is liable in some way so the cases will not get into the court system.
The number oftort liability cases have been decreasing through these efforts over
the last three years.Bob Bennyhoff, 10642 Morada Dr., expressed comments regarding the
Lorna extension's history in response to
Mr. Lall'
CITY COUNCIL MINUTES March 14, 1995
9. ORAL PRESENTATIONS (Continued)
Barbara DeNiro, 1118 E. Adams, remarked there is a hazard and the City has a liability on Katella
going westbound towards Struck. There are trees that lean out over the street.
Regarding the Street Tree Ordinance, stop signs were not addressed.
There is a major gas line located on Ms. DeNiro's parkway. Since the parkway is only six feet
wide, how could the trees be planted there?
11. RECESS
MOTION
SECOND
AYES
Barrera Murphy
Murphy,
Barrera, Mayor Coontz, Spurgeon, Slater The City
Council recessed at 5:45 p.m. to a Closed Session for the following purposes:NOTE: Councilman
Spurgeon declared a conflict and did not participate in the Closed Session pending litigation
case of City of Orange vs. Orange County Sheriff.Councilman Murphy
left the Closed Session at 6:23 p.m.Councilman Slater
left the Closed Session at 6:20 p.m.a. Conference
with Legal Counsel - existing litigation pursuant to Government Code Section 54956.9(a):
City of Oranl!
e vs. County Sheriff. Orange County Superior Court Case No. 72 97 18 City of Oranl!
e vs. Refco Securities. Inc.. NASD Arbitration
No.
92-03685 and United States Court Case
No. 92 2141 SVW City of
Oranl!e vs. James Daum. et al. Orange County Superior Court Case No. 73 86 30 b. Conference
with Legal Counsel - anticipated litigation.Initiation oflitigation pursuant
to Government Code Section 549569( c) (one potential case).c. To consider
and take possible action upon such other matters as are orally announced by the City Attorney, City
Manager, or City Council prior to such recess unless the motion to recess indicates any of
the matters will not be considered in Closed Session.PAGE 12
CITY COUNCIL MiNUTES
12. ADJOURNMENT
Due to a lack of quorum, there was no 7:00 p.m. Session.
MOTION
SECOND
AYES
ABSENT
Spurgeon Coontz
Barrera, Mayor
Coontz, Spurgeon Murphy, Slater March
14, 1995 The
City Council adjourned
at 4:30 p.m. to an Adjourned Regular Meeting at 4:30 p.m. on March 21, 1995 in the
Weimer Room regarding Prospect Apartments-Forest City.MARILYN J. JENSEN
i\1ARIL YN
J. JENSEN, CMC CITY CLERK Q {
l;-k~-;;
t-DEPUTY CITYUtLERK, CMCC?
JOANNE C. COONTZ
MAYOR
PAGE
13