07-12-1994 Council Minutes1
APPROVED BY CITY COUNCIL ON JULY
CITY COUNCIL MINUTES
OF A REGULAR MEETING
26; 1994
ORANGE, CALIFORNIA
JULY 12, 1994
The City Council of the City of Orange, California convened on July 12,1994 at 3:00 P.M. in a
Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
3:00 P.M. SESSION
1. OPENING
1.1 PLEDGE OF ALLEGIANCE TO THE FLAG
1.2 ROLL CALL
PRESENT - Spurgeon, Barrera, Coontz, Murphy ABSENT -
Mayor Beyer 1.3
APPROVAL OF MINUTES Regular Meeting
June 21, 1994.MOTION - Murphy
SECOND - Coontz AYES -
Spurgeon, Barrera, Coontz,
Murphy ABSENT - Mayor Beyer ACTION: Approved.
Regular Meeting June 28,
1994.MOTION -
Coontz SECOND - Barrera AYES - Spurgeon,
Barrera, Coontz, Murphy
ABSENT - Mayor Beyer
ACTION: Continued to July 19, 1994.
1.4 PRESENTATIONS/ANNOUNCEMENTS/
INTRODUCTIONS The presentation of Christi Hayes'
portrait, former Miss Orange, will
be rescheduled due to Miss Hayes absence.1.5 PROCLAMATIONS - None 2.CONSENT
CALENDAR TAPE 63 2.
1 Declaration of City Clerk
Marilyn J. Jensen declaring posting
of City Council agenda of a regular meeting of July 12, 1994, 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.PAGE 1
CITY COUNCIL MINUTES JULY 12,1994
2. CONSENT CALENDAR (Continued)
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 Request to execute escrow documents relating to the purchase of right-of-
way at 458 S. Glassell St. (AZIOO.0.
Agr.2255)FISCAL IMPACT: Estimated at $12,711.00 to be provided through #
272 funds.ACTION: Authorized Mayor and City Clerk to execute on behalf of
the City.REMOVED AND
HEARDSEPARATELY)2.4 Request Council approve agreement with the Orange International
Street Fair Corporation. (AZI00.0.Agr.
l071.E)FISCAL IMP
ACT: None.Councilman Murphy commented on the letter attached to this item
regarding Council approval of the Street Fair Corporation's proposed underground electrical
wiring project in the Plaza area, subject to final review of the exact location of the
panel boxes.Carroll Johnson, 100 S. Glassell, indicated the request for approval is
needed immediately in order for the work to be completed before the beginning of the
Street Fair.The Director of Public Works indicated they are aware of the work
in progress.The City Attorney reported the request could be incorporated into the
subject agreement.MOTION -
Murphy SECOND - Coontz
AYES - Spurgeon, Barrera, Beyer, Coontz ABSENT -
Mayor Beyer ACTION: Authorized
Mayor and City Clerk to execute on behalf of the City with the addition of
the written request concerning the electrical underground installation to support the
Street Fair which has been coordinated by the Orange International Street Fair Committee, with
staff's concurrence.2.5
Request Council approve the consultant agreement with the Orange County Youth and Family Services. (
AZlOO.0.Agr.2125.A)Page 2
CITY COUNCIL MINUTES JULY 12,1994
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Funds available in Community Development Block Grant Program.
ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City.
REMOVED AND HEARD SEPARATELY)
2.6 Request Council approve amended agreement with James A. Black, to include the
addition of forensic examination of graffiti at a yearly cost of $9,000.
AZ100.0.Agr.2127.A)
FISCAL IMPACT: Additional appropriations of $9,000 to new account 100-
4041-426700 will increase overall budget, bringing Mr. Black's annual contract to $12,
600.Councilman Spurgeon asked for clarification as to why this item was not discussed
during the budget process, and where will the funds come
from?The City Manager reported this request is for additional funding and if they run short,
it will be reviewed at mid-year. This request has just now surfaced so it was not a
part of the
budget process.MOTION -
Spurgeon SECOND - Barrera
AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT -
Mayor Beyer ACTION: Authorized
Mayor and City Clerk to execute agreement on behalf of the City.2.7
Request Council approve an appropriation of $33,000 to account 100-4011-429500 for
P.O.S.T. reimbursable training. (C2500.K)
FISCAL IMP ACT: General Fund will be impacted by approximately $5,500.
ACTION: Approved.
2.8 Request Council approve agreement to assign the City's contract with CMSI to Business
Records Corporation. (AZI00.0.Agr.0978.B.4)
FISCAL IMPACT: None.
ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.
REMOVED AND HEARD SEPARATELY)
2.9 Approve and authorize the award of Bid No. 934-27, Installation of Street Name Signs,
to Traffic Operations, Inc., Pomona, CA, in the amount of $12,480 and reject all other
bids.Continued from 6-28-94.) (AZI00.
0.Agr.2256)FISCAL IMP ACT: There are sufficient funds in the
Traffic Safety
CITY COUNCIL MINUTES JULY 12,1994
2. CONSENT CALENDAR (Continued)
The Traffic Engineer reported a meeting was held with the low bidder. It was staff's
opinion there had been difficulty with their past work. The City would be best served by
awarding the contract to the second low bidder. The difference between the bids was
approximately $208.00. This project will complete the street name sign program for the
City.
MOTION - Spurgeon SECOND -
Murphy AYES - Spurgeon,
Barrera, Coontz, Murphy ABSENT - Mayor Beyer
ACTION: Authorized Mayor and
City Clerk to execute on behalf of the City.2.10 Request authorization
to approve a Deferred Payment Loan and a Low Interest Loan and authorize the Finance Department
to prepare warrants. (C2500.G.l.3.3)FISCAL IMPACTS: Fundsin
the amount of $16,000.00 are available in Account No.315-6052-813001-000 (
Deferred Payment Loan) and funds in the amount of $5,000 are available
in Account No. 316-6054-464203 (Low Interest Loan) for Case No.
567.ACTION:
Approved.2.11 Request Council approve authorization for advertising to invite bids for
street improvements on Santiago Canyon Road, Phase II, from Hunters Way to
Newport Boulevard; S.P. 2940. (S4000.S.
7)FISCAL IMPACT:
None.ACTION:
Approved.2.12 Request Council consider a request from Mary Crawford to utilize City right-
of-way in placing tables and chairs in conjunction with a proposed European
style coffee-tea shop located at 22 and 26
Plaza Square. (R1200.
0)FISCAL
IMPACT: None.ACTION: Approved.2.13 CLAIMS FOR
DAMAGES FROM: (C3200.0)
a. Betty J.
Arnold b. Carmel
Quinn FISCAL IMPACT: None.ACTION: Denied claims and referred to
City Attorney
CITY COUNCIL MINUTES JULY 12,1994
2. CONSENT CALENDAR (Continued)
2.14 Approve and authorize the award of Bid No. 945-01, Fire Hydrants, Burys and
Extensions as follows: Schedule I Fire Hydrants to Clow Valve Company, Corona, CA in
the amount of $42,750 and Schedule II Burys and Extensions to Long Beach Iron
Works,Long Beach, CA, in the amount of$25,350. (AZI00.0.Agr.2257,
2258)FISCAL IMPACTS: There are sufficient funds in the Hydrant
Fund.ACTION: Authorized Mayor and City Clerk to execute on behalf of the
City.2.15 Request Council approval to renew agreement between the City and Orange
Elderly Services, Inc., in the amount of $211,000.00 to provide services for senior
citizens.AZI00.0.Agr.0974.
J)FISCAL IMPACTS: Sufficient funds are available in Account
210-7032-426700.ACTION: Authorized the Mayor and City Clerk to execute on behalf
of the City.
MOTION - Spurgeon SECOND -
Coontz AYES - Spurgeon, Barrera, Coontz, Murphy
ABSENT - Mayor Beyer Items
2.4, 2.6 and 2.9 were removed and heard separately; all remaining items on the Consent
Calendar were approved/denied as recommended.END
OF CONSENT CALENDAR 3.
REPORTS FROM MAYOR BEYER - None 4.REPORTS
FROM COUNCILMEMBERS TAPE 345 4.1
Report from Councilman Murphy regarding a gift ban ordinance. (A2500.0)Councilman Murphy
reported the intent of the proposed ordinance is to remove a seemingly erosion of
public confidence through outright outlawing the acceptance of gifts by elected,appointed officials
and designated employees. This is a follow-on to ongoing reform that was initiated
a few years ago with the advent of term limits and campaign contributions. This is a move
forward on a proactive basis.Shirley
Grindle, 5021 Glen Arran, complimented the Council for their efforts on the ordinance.The
County has already had one year's experience with the gift ban ordinance. The County,within
the next few months, will be amending their ordinance to incorporate corrections which have
arisen. The City's proposed ordinance already has these changes.Page
5
CITY COUNCIL MINUTES JULY 12,1994
4. REPORTS FROM COUNCILMEMBERS (Continued)
Ms. Grindle suggested the following changes: Business Licenses should be excluded from the
definition of doing business. In Item f, g and i, add the words, "excluding a business license."
The City Attorney commented he would make the corrections with Council's permission.
The hospitality issue was discussed and Ms. Grindle felt it was a problem if Councilmembers or
designated employees were invited to developer's homes because these people would be seeking
approval for projects. Further the $2.00 hospitality limit was raised to $5.00 to cover coffee,
glasses of wine, etc, but no lunches.
The following people spoke in favor of the proposed ordinance:
Mara Brandman, 7319 Equitation Way
Bob Bennyhoff, 10642 Morada Dr.
Councilwoman Coontz commented she had received a number of questions by the Chamber of
Commerce and the business community and will forward them to the City Attorney. It was noted
the violation of this ordinance is a misdemeanor, and this message needs to be communicated to
the business community, people running for office and all designated employees.
Also, the City should not be giving the message that Councilor any designated employee is not
accessible or hospitable. It was suggested a preamble be added to the ordinance that indicates the
goals and the fact that it is not written in an accusatory way against anything that mayor may not
have been done up to the time when this ordinance goes into effect.
The City Attorney opined there is a purpose clause and if changed the ordinance would be
delayed.
Councilwoman Coontz asked if the proposed ordinance could disenfranchise a number of
professionals who might seek Council positions, i.e. honorarium - where is the line drawn between
sharing professional expertise and skill and the job of a Councilmember? What is the difference
between an honorarium and self-employment as an expert or educator? Does an
honorarium from a department of a university to a Council member constitute a violation?
The City Attorney reported there may be some gift which could be called an honorarium and this
is why it was inserted in the proposed ordinance. Legislation has been introduced and signed by
Governor Wilson that will prohibit honorarium. This will not become effective until January,
1995.
Ms. Grindle commented honorarium is not covered in the current County Ordinance but effective
January 1, 1995 all local elected officials will not be allowed to receive honorarium under any
conditions. There is a proviso you cannot take honorarium from someone you are doing business
with. Newspaper articles are acceptable honorarium.
Page 6
CITY COUNCIL MINUTES JULY 12, 1994
4. REPORTS FROM COUNCILMEMBERS (Continued)
Councilwoman Coontz suggested with the passage of this ordinance that Council review the
Economic Development budget to give the City the benefit of enough money to cover necessities
as the introduction of people to the business community. One of the goals at this time is to
increase business.
Dennis Johnson, 1104 E. Del Mar, Orange, President of the Chamber of Commerce, asked for
clarification of the ordinance.
Brent Hunter, Executive Director of the Chamber of Commerce, asked several questions
concerning the proposed ordinance.
Council discussed the preamble suggestion. It was felt communication could be accomplished in a
form other than the ordinance. The ordinance will not become effective until October which will
give ample time for communication. Councilwoman Coontz felt the message of the ordinance has
not been communicated to the community or city employees.
ORDINANCE NO. 14-
94 An Ordinance of the City Council of the City of Orange adding Chapter 2.15 to Title 2 of
the Orange Municipal Code relating to the donation and receipt of specified gifts to public
officials.
MOTION
SECOND
AYES
ABSENT Murphy
Spurgeon Spurgeon,
Barrera, Coontz, Murphy Mayor Beyer
That Ordinance No.
14-94 have first reading waived and same was set for second reading by the preceding vote.
5.REPORTS
FROM BOARDS, COMMITTEES, AND COMMISSIONS 1539 TAPE
5.
1
Accept with regrets the resignation of Nancy Way from the Orange Public Library Board of
Trustees and instruct the City Clerk to advertise the vacancy pursuant to Maddy Act requirements. (
C2500.I.l)MOTION SECOND
AYES
ABSENT
Spurgeon
Coontz
Spurgeon, Barrera,
Coontz, Murphy
Mayor Beyer Accepted Nancy Way'
s resignation with
regrets.Page 7
CITY COUNCIL MINUTES JULY 12,1994
5. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
5.2 Accept the appointment of Mary Henderson to the Orange County Senior Citizens
Advisory Council Transportation Committee, term to expire 07/29/96. (ORI800.0.12.3)
MOTION
SECOND
AYES
ABSENT
Approved.
Spurgeon Murphy
Spurgeon, Barrera,
Coontz, Murphy Mayor Beyer 6.
ADMINISTRATIVE REPORTS TAPE
1561 6.1 Request from
Orange County Farm Bureau for the operation of a certified farmers market in the 100
block of North Orange Street for a 60-day trial period subject to specified conditions. (Continued
from 6-21-94.) (R1200.0)The
Director of Community Development reported a meeting was held last week with all interested
parties discussing their concerns. It was concluded that the parking lot south of Chapman
Avenue between Orange and Grand Avenue could be used with some condition.Saturday
was preferable over Sunday. This is a test period of90 days between now and October.The
hours of operation are 8:00 a.m to 2:00 p.m on Saturdays. The Methodist Church has requested
access to their kitchen facilities which are located off the parking lot. Liability insurance
needs to be provided, as well as adequate trash bins and restroom facilities required.Also
a minimum weekly fee to be charged to the Farm Bureau which will cover costs that might be
incurred by the City.It
was suggested that after three weeks of operation, Farmers Market would be reviewed by an administrative
group that includes the City Manager and Brent Hunter, Executive Director of the Chamber
of Commerce to review any problems and concerns.Carole
Walters, 534 N. Shaffer, commented people did not know about the meeting until the last minute.
The Downtown Task Force does not communicate with the community and Mrs. Walters felt
the Task Force should be concerned about the entire community not just a select few. The Task
Force should have to go through the Council with public hearings because they only want their
own special interests.Mary
Jo Harper, Assistant Minister of the Methodist Church, 160 S. Orange, remarked they can accommodate
the Farmer's Market operation and it a positive opportunity for the City.MOTION
SECOND
AYES
ABSENT
Murphy
Barrera
Spurgeon, Barrera,
Coontz, Murphy Mayor Beyer Page
8
CITY COUNCIL MINUTES JULY 12,1994
6. ADMINISTRATIVE REPORTS (Continued)
Moved to approve the request as amended in the Community Development Director's staff report
dated July 7, 1994.
URGENT REQUEST - Film commercial in the plaza area. (P1300.0)MOTION
SECOND
AYES
ABSENT
Spurgeon
Murphy Spurgeon,
Barrera,
Coontz, Murphy Mayor Beyer Moved
that the need
to discuss this item arose after the posting of the agenda.The Director of Community
Development reported a request had been received from Watermelon Company to film a
commercial in the plaza area, closing the plaza on July 17, 1994 from 6:00 a.m. to 12:
00 p.m. and to partially restrict parking on July 18, 1994 from 10:00 a.m. to 12:00 p.m.The Economic
Development Specialist
reviewed the permit process and reported the film company had supplied all
insurance certificates and are compiling costs for City services.Wayne F. Miller, 1201
E. Katella Avenue, Chairman of the Orange Economic Development Partnership, expressed support for
the request to film.Council discussed the need
for a basic policy and guidelines for this type of request. The City Manager is in the
process of completing a procedure policy.MOTION SECOND AYES ABSENT
Spurgeon
Coontz
Spurgeon,
Barrera,
Coontz, Murphy
Mayor Beyer
Moved to approve the request.
7.REPORTS FROM
CITY MANAGER TAPE 2394 7.
1 Request for authorization to recruit for
Director of Economic Development.The City Manager reported this request is the
first step in establishing a new Department of Economic Development. Within that department, economic development will
be emphasized utilizing the tools of redevelopment and CDBG funding.
This is the initial step of some quantum leaps this community will take to retain, recruit,
and have businesses expand within the City boundaries. (C2500.J.l)Page 9
CITY COUNCIL MINUTES JULY 12, 1994
7. REPORTS FROM CITY MANAGER (Continued)
MOTION
SECOND
AYES
ABSENT
Coontz Spurgeon
Spurgeon, Barrera,
Coontz, Murphy Mayor Beyer Moved
to approve the
request.8. LEGAL AFFAIRS 8.
1 RESOLUTION NO.
8354 A resolution of the
City Council of the City of Orange approving the Memorandum of Understanding between the City
of Orange and the Orange County Employees' Association for the Orange Supervisory and
Management Association concerning wages, hours and other conditions of employment effective
June 26, 1994 through and including June 24, 1995, and repealing Resolution No. 7673
and amendments thereto for said employees. (C2500.J.4.1)MOTION SECOND AYES ABSENT
Barrera
Murphy
Spurgeon,
Barrera,
Coontz, Murphy
Mayor
Beyer That Resolution No. 8354
as introduced be
adopted and same was passed and adopted by the preceding vote.8.2 RESOLUTION NO. 8356
A Resolution
of the City Council accepting
the completion of a certain public work and improvement. (AZlOO.0.Agr.2136)Street widening,
reprofiling improvements and signal installation
at the intersections of Collins Ave./Cambridge St. and at Collins Ave./
ShafferSt.; Phase II of S.P. 3053 - Bid #934-03 -Sully Miller.MOTION SECOND AYES ABSENT Barrera Murphy
Spurgeon, Barrera,
Coontz,
Murphy
Mayor
Beyer
That Resolution
No.
8356 as introduced be adopted
and same was
passed and adopted by the preceding vote.Page 10
CITY COUNCIL MINUTES JULY 12,1994
8. LEGAL AFFAIRS (Continued)
8.3 ORDINANCE NO. 13-
94 An Ordinance of the City Council of the City of Orange amending portions of Chapter 12.52
of the Orange Municipal Code relating to street dedications. (A2500.
0)
MOTION
SECOND
AYES
ABSENT Coontz
Barrera Spurgeon,
Barrera, Coontz, Murphy Mayor Beyer
That Ordinance No.
13-94 have second reading waived and be adopted and same was passed and adopted by
the preceding vote.8.4
RESOLUTIONNO. 8358 A Resolution
of the City Council of the City of Orange approving the agreement between the City of Orange
and the Water Department Employees' Association (WDEA), concerning wages, hours,and other
conditions of employment effective June 26, 1994 through June 24, 1995, and repealing Resolution No.
7623 and amendments thereto for said employees. (C2500J.4.4.1)MOTION SECOND
AYES
ABSENT
Coontz
Murphy
Spurgeon, Barrera,
Coontz,
Murphy Mayor Beyer That Resolution
No. 8358 as
introduced be adopted and same was passed and adopted by the preceding vote.8.5 RESOLUTION
NO. 8361
A Resolution of the City
Council of the City of Orange relating to the classification, compensation and terms of employment for
Miscellaneous Employees of the City of Orange and repealing Resolution No. 7853 and amendments
thereto, for said employees. (C2500.J.4.7)MOTION SECOND AYESABSENT Barrera
Murphy
Spurgeon,
Barrera,
Coontz,
Murphy Mayor
Beyer
That Resolution No. 8361 as
introduced be adopted
and same was passed and adopted by the preceding vote.Page 11
CITY COUNCIL MINUTES JULY 12, 1994
8. LEGAL AFFAIRS (Continued)
8.6 RESOLUTION NO. 8362
A Resolution of the City Council of the City of Orange relating to the classification,
compensation, and terms of employment of designated Executive Management, Staff
Management, and Labor Confidential employees, and repealing Resolution No. 7878 and
amendments thereto; and, further, amending Exhibit "A" and "B" of Resolution No. 7878 as
described herein. (C2500JA.6)
MOTION
SECOND
AYES
ABSENT
Murphy
Spurgeon Spurgeon,
Barrera, Coontz, Murphy Mayor Beyer
That Resolution No.
8362 as introduced be adopted and same was passed and adopted by the preceding vote.8.
7 RESOLUTION
NO. 8352 A Resolution of
the City Council of the City of Orange consenting to the approval by the Orange Redevelopment Agency of
the First Amendment to the Disposition and Development Agreement between the Orange
Redevelopment Agency and Home Depot U.S.A., Inc.A2100.0.Agr.
1798.1)MOTION SECOND AYES
ABSENT
Spurgeon
Murphy
Spurgeon,
Barrera, Coontz,
Murphy
Mayor Beyer That Resolution No.
8352 as introduced
be adopted and same was passed and adopted by the preceding vote.8.8 ORDINANCE NO.
15-94
An Ordinance of the City
Council of the City of Orange Amending Chapter 17.06 of the Orange Municipal Code and approving the
reclassification of property situated on the Northwest corner of Tustin Street and Washington
Avenue, more particularly described as 236 and 250 South Tustin Street. (C2300.E)Zone
Change: 1169-94 Applicant:
Eugene 1. Saltzer,
M.D.Page 12
CITY COUNCIL MINUTES JULY 12, 1994
8.LEGAL AFFAIRS (Continued)
MOTION
SECOND
AYES
ABSENT
Barrera Coontz
Spurgeon, Barrera,
Coontz, Murphy Mayor Beyer That
Ordinance No. 15-
94 have second reading waived and be adopted and same was passed and adopted by the
preceding vote.8.9 RESOLUTION
NO. 8357 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 General Plan classification of property located at
236 and 250 South Tustin Street. (C2300.E)General Plan Amendment
1-94 Applicant: Eugene
1. Saltzer, M.D.MOTION SECOND
AYES
ABSENT
Coontz
Spurgeon
Spurgeon, Barrera,
Coontz, Murphy
Mayor Beyer That Resolution No.
8357 as introduced
be adopted and same was passed and adopted by the preceding vote.8.10 RESOLUTION NO.
8363 A
Resolution of the City Council
of the City of Orange concerning the status of the Circulation Element for the City of Orange. (
C2300.E)MOTION SECOND AYES ABSENT Murphy Spurgeon
Spurgeon,
Barrera,
Coontz,
Murphy
Mayor
Beyer That
Resolution No. 8363 as introduced
be adopted and
same was passed and adopted by the preceding vote.8.11 RESOLUTION NO. 8364 A Resolution
of the
City Council of the City
of Orange finally accepting the completion of a certain public work and improvement. Bid No. 934-02;
Nobest, Inc; Chapman Avenue from Santiago Creek to Yorba Street. (AZIOO.Agr.2135)
Page 13
CITY COUNCIL MINUTES JULY 12,1994
8. LEGAL AFFAIRS (Continued)
MOTION
SECOND
AYES
ABSENT
Coontz Barrera
Spurgeon, Barrera,
Coontz, Murphy Mayor Beyer That
Resolution No. 8364
as introduced be adopted and same was passed and adopted by the preceding vote.8.12
RESOLUTION NO.
8365 A Resolution of the
City Council of the City of Orange amending and extending 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 June 26, 1994 through
and including June 24, 1995. (C2500J.4.3)MOTION SECONDAYES ABSENT
Spurgeon
Murphy
Spurgeon,
Barrera,
Coontz, Murphy
Mayor
Beyer That Resolution No. 8365
as introduced be
adopted and same was passed and adopted by the preceding vote.9. RECESS TO THE MEETING
OF THE
ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS Mike Perkins, 172 N.
Glassell, Administrative Pastor
of Son Light Christian Center, reported there are rumors circulating that indicate "if
we know what is good for us we had better get out. "These rumors are frightening our congregation.The
City Manager responded there is no
coercion on the City's part. The City will support the church in any way it can. Nothing
has been initiated by the City.Council discussion ensued and it was suggested
the City Manager transmit a letter to the church regarding the City's position of support,
which also extends to staff members.Carole Walters, 534 N. Shaffer, commented this
began with the Downtown Task Force wanting a theater. Mrs. Walters asked what the Chambers'
goals are?Mrs. Walters asked how the public watching
television would know how and what Council was voting on during legal affairs?Page 14
CITY COUNCIL MINUTES JULY 12,1994
10. ORAL PRESENTA nONS (Continued)
Councilwoman Coontz suggested the agenda item could be shown on the screen, and Councilman
Murphy suggested the titles and actions could be announced.
Mariola Szeglowska, 143 S. Cambridge St., asked why her request for a buffer wall between her
residence and P. J. Meads (Cambridge Market) at the June 14, 1994 Council meeting was not on
this agenda since is was continued for 30 days. Ms. Szeglowska commented the business is
operating illegally and asked why the City Attorney cannot take action.
The Director of Community Development reported they are having problems finding a way to
legally require P. J. Meads to build the buffer wall because they are in an illegal form now. The
direction is to try to make the Cambridge Deli a legal non-conforming use in that situation and
are taking steps to resolve this. Last week a written proposal was received from P. J. Meads and
a meeting will be scheduled with property owners on Cambridge to discuss and explore
solutions.A report is scheduled for the first Council meeting in
August.11.
RECESS
MOTION
SECOND
AYES
ABSENT
Murphy Barrera
Spurgeon, Barrera, Coontz, Murphy Mayor
Beyer The City
Council recessed at 4:50 p.m. to a Closed Session for the following purposes:a. Conference
with Legal Counsel - existing litigation pursuant to Government Code Section 54956.9(a)
to wit:City of Orange
vs. Refco Securities, Inc., NASD Arbitration No. 92-03685.National Advertising
vs. City of Orange, United States District Court Case No.CV85-4968
Tlli(Kx).City
of Orange vs. Orange County Sheriff, Orange County Superior Court Case No.
72 9718.City
of Orange vs. Lumbermen's Mutual Casualty Company, et ai, Orange County
Superior Court Case No. 71 8262.b.
Conference with Legal Counsel - anticipated litigation. Initiation oflitigation pursuant to Government Code
Section 54956.9(c) (one potential case).NOTE: This
item was deleted from Closed Session. Significant exposure to litigation pursuant to Government Code
Section 54956.9(b) (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 15
CITY COUNCIL MINUTES JULY 12,1994
7:00 P.M. SESSION
12. INVOCATION
Helen Walker, Soroptimist International of Orange
12.1 PLEDGE OF ALLEGIANCE TO THE FLAG
Flag Ceremony - Cub Scout Pack 586.12.
2 ANNOUNCEMENTS - None 12.3
INTRODUCTIONS - None 12.4 PROCLAMATIONS -
None 12.5 PRESENTATIONS a.
Presentation of an
award by Stephanie Cohn representing the Orange County Chapter of the American Planning
Association to the City Council for Planning Project Award for the "Plaza Design Collaborative. "
Bob Tunstall, on behalf
of the Board of Supervisors, presented the Plaza Design Collaborative members with a
proclamation.b. Presentation of Certification
of Recognition to Megan Marshall for being selected to participate in the Congress-
Bundestag Youth Exchange Program.13. PUBLIC HEARINGS
13.1 LANDSCAPE
MAINTENANCE DISTRICT NO. 82-1, ANNUAL LEVY AND COLLECTION OF
ASSESSMENTS, CITY OF ORANGE:Time set
for a public hearing on petition by the City of Orange to take proceedings to provide for the annual
levy of assessments for the next ensuing fiscal year and to provide for the costs and expenses necessary
to pay for the maintenance of the improvements in Landscape Maintenance District No.
82-1, which is located westerly of Meats Avenue in the vicinity ofMarywood and Shadowridge
Streets, Tract 10486. (L1200.0.LMA 82-1)
MAYOR PRO TEM BARRERA OPENED THE PUBLIC HEARING.
The City Clerk announced all notice requirements were met. A letter of protest was received
from Dean King, 4056 Old Town Rd., Addison, Texas, dated July 1, 1994.
The City Engineer reported the 10 homeowners with the largest slopes maintained by the District
Page 16
CITY COUNCIL MINUTES JULY 12, 1994
13. PUBLIC HEARINGS (Continued)
will be responsible for 50% of the cost. The remaining 48 homeowners will share the balance of
expenses equally. The Engineer's Report includes an assessment of $690 per lot per year for Lots
1 through 10 and $150.00 per lot per year for Lots 11 through 56. This is the same as last year's
assessment.
Speaking in opposition:
Dennis Baker, 2458 Cottage Hill, commented the assessment costs should be split equally
between property owners instead of having the 10 property owners on the slope pay a higher fee.
When the homes were originally bought everyone signed an agreement to pay 2%. This was
changed by the homeowners and is illegal.
The City Engineer gave a brief history of the district which was formed in 1982. In 1986 the
homeowners appeared before Council saying the assessment was an unfair distribution and
requested the 10 homes that were supported on the slope pay more. Council agreed and the
distribution of assessment as it is now was approved.
Mr. Baker requested that the fence be moved because it is obstructing his view.
Mayor pro tern Barrera directed the City Manager to assist Mr. Baker with his request.
THERE BEING NO FURTHER SPEAKERS, MAYOR PRO TEM BARRERA CLOSED THE
PUBLIC HEARING.
RESOLUTION NO. 8348
A Resolution of the City Council of the City of Orange confirming the diagram and assessment
and providing for the levy of the annual assessment for Special Maintenance District No. 82-
1
MOTION
SECOND
AYES
ABSENT Coontz
Spurgeon Spurgeon,
Barrera, Coontz, Murphy Mayor Beyer
That Resolution No.
8348 as introduced be adopted and same was passed and adopted by the preceding vote.13.
2 LANDSCAPE
MAINTENANCE DISTRICT NO. 86-2, ANNUAL LEVY AND COLLECTION OF
ASSESSMENTS, CITY OF ORANGE:Time set
for a public hearing on petition by the City of Orange to take proceedings to provide for the annual
levy of assessments for the next ensuing fiscal year to provide for the costs and Page 17
CITY COUNCIL MINUTES JULY 12, 1994
13. PUBLIC HEARINGS (Continued)
expenses necessary to pay for the maintenance of the improvements in Landscape Maintenance
District No. 86-2 within the Upper Peters Canyon Specific Area (Santiago
Hills).L1200.0.
LMD-86-2)MAYOR PRO TEM BARRERA OPENED
THE PUBLIC HEARING.The City Clerk announced all notices were mailed as required by law. No
protest
letters were received.Amy Shepard, representing WilIdan Associates, 888 S. West Street, Anaheim, gave
the Engineer's Report. There was no need to increase fees in 1994/95. The following assessments
are the same as last year: Single family detached home $297.17; Single family attached home $
178.30 and Mixed use $3, 270.
00 per acre.THERE BEING NO FURTHER SPEAKERS, MAYOR PRO TEM
BARRERA CLOSED
THE PUBLIC HEARING.
RESOLUTION NO: 8349 A Resolution of the City Council of the City of Orange confirming the
diagram and assessment and providing for the levy of the annual assessment for Special Maintenance
District
No.
86-
2.
MOTION SECOND
AYES ABSENT
Spurgeon Barrera Spurgeon, Barrera, Coontz,
Murphy Mayor Beyer
That Resolution No. 8349 as introduced be adopted and same was passed and adopted by the
preceding vote.
14. PLANNING AND ENVIRONMENT - None 15.
ORAL PRESENTATIONS R
Carlson, 159 S. Cambridge, asked why the 30 day investigation for P. J. Meads (Cambridge Deli
Market) was not on the agenda. Mr. Carlson introduced a letter dated August 25, 1993 from Ed
Jang who owns the residence next to the deli market and indicated the deli market was operating
illegally. The neighbors have complained to the Architectural and Transportation Barriers
and Compliance Board and the Pacific Disability and Business Technical Assistance Center.
This has to do with the City failing to enforce the law.The
red curbs have made a difference, however Street sweeping was not done last week and the enforcement
of the signage has been given to the Police Department. It was told to Mr. Carlson by
several people that the Police do not have a budget to enforce the signage.Page
18
CITY COUNCIL MINUTES JULY 12, 1994
15. ORAL PRESENT A nONS (Continued)
The Police Chief reported they took over the enforcement of street sweeping and are fully
budgeted to do so. All areas are equally enforced. Some areas have signage problems and they
have been corrected. It has not been found by the Police Department that certain areas have
received favoritism or have political connections.
The Director of Community Development commented he has spoken to the owner of the deli
business and has received written material on how the problems would be corrected. It is the
intention to have a neighborhood meeting within the next few weeks to discuss the problems. The
report will be on the August 9, 1994 Council agenda.
Mr. Dixon announced if the public has any evidence of corruption he would like to know about it
to take action.
Larry Bonham, 332 S. Olive St., expressed comments regarding the homeless and the anti-
camping ordinance.
Gary R. Meserve, 153 S. Cambridge, asked why the City does not go to P. J. Meads restaurant
and padlock it until it comes into compliance and operates legally. It is open seven days a week
from 7:00 a.m. to 11:00 p.m.
The Director of Community Development commented the market has been there for many years.
It is in a single family residential zone and the use has evolved to what there is today. The Zoning
Code allows grandfathered types of uses. A neighborhood market has been at that location given
it has evolved into something beyond that. The City would prefer to resolve this issue among the
City and property owners rather than go to court.
The City Attorney remarked information is still being gathered and it is the policy of the City
Attorney's office not to file a criminal complaint until there is sufficient evidence to obtain a
conviction.
Carole Walters, 534 N. Shaffer, asked if someone applies for a business license and they are not in
conformance, will they still get one? The Director of Community Development said no. Mrs.
Walters felt this was selective enforcement and it is wrong.
Page 19
CITY COUNCIL MINUTES JULY 12, 1994
16. ADJOURNMENT
MOTION
SECOND
AYES
ABSENT
Murphy Barrera
Spurgeon, Barrera,
Coontz, Murphy Mayor Beyer That
City Council adjourned
at 8: 13 p.m.JJ1 d' r,,/~/i {
i! ~~2! i<P(/MARlL YN: NSE ~CITY
CLERK Gene Beyer
GENE BEYER
MAYOR BY~~
t FRED
L.
BARRERA ....MAYOR
PRO TEM Page
20