05-24-1994 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
MAY 24, 1994
The City Council of the City of Orange, California convened on May 24, 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, Mayor Beyer, Coontz, Murphy ABSENT -
Spurgeon, Barrera (arrived at 3:05 P.M.)1.3
APPROVAL OF MINUTES Regular Meeting
May 10, 1994.MOTION - Coontz
SECOND - Murphy AYES -
Mayor Beyer, Coontz,
Murphy ABSENT - Spurgeon, Barrera ACTION: Approved.
Regular Meeting May 17,
1994.MOTION -
Murphy SECOND - Coontz AYES - Mayor
Beyer, Coontz, Murphy
ABSENT - Spurgeon, Barrera
ACTION: Approved.1.4 PRESENTA TIONS/
ANNOUNCEMENTS/ INTRODUCTION Police Chief
Robertson gave
anupdate on the recent homicide
investigation which occurred at the Australian Beach Club. The suspect was apprehended
in Quincy,California, and is being flown to Fullerton Airport today to
be taken to the Santa Ana jail for arraignment.1.5 PROCLAMATIONS Proclamation honoring Kiwanis International on
their 40th
birthday was presented
to former Mayor, Don Smith, Charter Member of Kiwanis International.PAGE
1
CITY COUNCIL MINUTES MAY 24,1994
2.CONSENT CALENDAR TAPE 303
2.1 Declaration of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of a
regular meeting of May 24, 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.
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 Council approve appropnatlOns for current balances in existing Police
Department donation revenue accounts for Canine and SWAT, and Gangs.
FISCAL IMP ACT: None. These funds have been donated to the Police Department with
a specific request for their use. (C2500.K)
ACTION: Approved.
2.4 Request Council approve an agreement with James and Susan Knight to connect 16582
Buena Vista Avenue to City-owned sewer. (A2100.0.Agr.
2220)FISCAL IMP ACT:
None.ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the
City.2.5 Request Council approve an agreement with William and Alberta Henness to
connect 16572 Buena Vista Avenue to City-owned sewer. (A2100.0.
Agr 2221)FISCAL IMP
ACT: None.ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of
the City.2.6 Request Council approve an agreement with John and Linda Crary to connect
8632 Palm Avenue to City-owned sewer. (A2100.
0.Agr.2222)FISCAL
IMP ACT: None.ACTION: Authorized Mayor and City Clerk to execute agreement on behalf
of the City.2.7 CLAIM FOR DAMAGES
FROM: (C3200.0)C. K. Pump and Dewatering Corp., dba
C. K.
CITY COUNCIL MINUTES MAY 24,1994
2. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: None.
ACTION: Denied claim and referred to City Attorney and Adjuster.
2.8 Request Council approve an Agreement with Larry Faber for drainage improvements at
2238 N. Shaffer Street. (A2100.0.Agr.2223)
FISCAL IMP ACT: Sufficient funds have been budgeted in Account No. 530-
5011-483400-5381 (Storm Drain - Orange-Olive) $100,000.00. No additional
appropriation
is requested.Action: Authorized Mayor and City Clerk to execute agreement on behalf of
the City.2.9 Request Council authorize transfer of $28,248.31 from California
Literacy Campaign Grant regular salaries account to accounts: Professional and
Consulting Services,Printing, General Office Supplies, Miscellaneous Materials and Supplies,
andPostage.
C2500.I)FISCAL IMPACT: Transfer $28,248.31 from Account
No. 200-2001-
411102-9912 Regular Salaries) to:14,248.
31 - Account No. 200-2001-426700-9912
5,000.00 - Account No. 200-2001-
427601-9912 1,000.00 - Account No.
200-2001-441101-9912 7,000.00 -
Account No. 200-2001-441600-9912 1,000.00 - Account No. 200-2001-
421200-9912 The transfer of these funds will enable the Literacy
program to
conduct various workshops and training prior to the end of the fiscal year.ACTION: Approved.2.10
Request forthe removal of theschool crosswalk
at the intersection of Collins Avenue at California Street/Lynn Drive. (S4000.S.
3.5)Discussion: Councilmembers asked if the height of the warning flashers could be lowered to
the same height as the flashers located on Glassell Street in front of Holy Family
Church. People tend to ignore the flashers when they are placed
too high. The Traffic Engineer indicated there would be no problem
to adjust the height.FISCAL IMPACT: Funds are not currently available for implementation
of the recommended improvements. Funding
for the work will be included in the fiscal
year 1994/95 Capital Improvement Program.ACTION: a. Denied the removal of the school crosswalk.
b. Approvedthe installation
of a
CITY COUNCIL MINUTES MAY 24, 1994
2. CONSENT CALENDAR (Continued)
MOTION - Barrera SECOND -
Murphy AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy All 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 1135 Councilman Murphy requested the
City Manager and staff return to Council with a report regarding a potential schedule
for Council meetings with alternative starting times. It was suggested having two meetings
per month with the third being optional. Also, explore options on starting the sessions later
in the day so more people will be able to attend.Councilwoman Coontz indicated instead
of changing the ordinance that regulates the meetings and times, meetings could
be canceled. Further, it was suggested to include in the report a review of what has occurred
in the past when meetings were scheduled at a later time.5. REPORTS FROM BOARDS,
COMMITTEES, AND COMMISSIONS TAPE 411 5.1 Request from
the Traffic Commission for the installation of 'No Parking Anytime'restrictions on Cambridge Street
between Almond and Chapman Avenues. (S4000.S.3.1.1)FISCAL IMP ACT: Funding
for this type of work is provided in the department normal operating budget under Fund No.
250-5032-427100.The Assistant
Traffic Engineer reported the request was initiated by the residents to reduce parking conflicts,
increase pedestrian and bicycle safety. The Traffic staff completed studies involving parking,
traffic counts, and pedestrian movements in the area. The studies were presented to
the Traffic Commission which indicated volume has increased from approximately 6,000
cars to 9,000 cars a day on Cambridge over the past year; there is more bicycle traffic today than there
was one year ago; and there is considerable more parking demand on Cambridge especially on
the north end which has resulted in an increase in pedestrian crossings. The Traffic Commission made
the following recommendations:a. Deny
the request for 'No Stopping Anytime' restrictions on Cambridge Street between Almond and Chapman
Avenues.b. Re-
implement the 'No Parking 7:30 - 9:00 a.m. and 2:30 - 4:00 p.m. on School Days' on both sides of Cambridge
Street between Almond and Chapman Avenues.Page 4
CITY COUNCIL MINUTES MAY 24, 1994
5. REPORTS FROM BOARDS, COMMITTEES AND COMMISSIONS (Continued)
c. Accept request for driveway vision zones pursuant to approval by the City Traffic
Commission.
d. Approve the installation of red curb markings in the transition areas on Cambridge Street.
The following people spoke in favor of the Traffic Commissions' recommendations:
Gil Larrimore, 180 S. Cambridge
Maria Szegiowska, 143 S. Cambridge
Gary Meserve, 153 S. Cambridge
Richard Carlson, 159 S. Cambridge
Their comments were expressed as follows:
The neighbors have a right to park in front of their homes and do not want to give up their
parking.
Parking from the restaurant which is open seven days a week from 10 to 11 :00 P.M. has caused
problems. People park their cars in the driveway approaches and in some cases in front of the
driveways. This has also caused hazardous situation with school children traversing the bicycle
lanes. Recommended the bikeway to be reinstalled.
The City's Business License Manager conveyed to Mr. Carlson the restaurant is not licensed to
operate for businesses and gatherings. This is advertised in their brochure and The Register
newspaper. This is generating 40 cars on the weekends, and if the vision zones are implemented
the cars will overflow into the nearby streets.
Councilwoman Coontz indicated the City Traffic Engineer had recommended to the owner of the
restaurant that he seek outside parking. The Assistant Traffic Engineer reported this has been
suggested but was unsure of the follow through.
The Assistant Traffic Engineer reported a plan will be developed incorporating the
recommendations and the residents will be contacted to participate. The plan will be presented to
the Traffic Commission for approval.
MOTION
SECOND
AYES
Spurgeon Murphy
Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Moved to
approve the Traffic Commissions' recommendations "a" through "d" as listed in the minutes. Item "
d" was amended to include the transition areas on both sides of Cambridge Street directly south
of Chapman Avenue.The City
Manager was instructed to follow through with the concerns and complaints presented by the
neighbors. All speakers to be notified if this item returns to Council for action.Page 5
CITY COUNCIL MINUTES MAY 24, 1994
6. ADMINISTRATIVE REPORTS
The Director of Public Works announced the approval of the Oracom Agreement will be
scheduled for the May 31, 1994 Adjourned Regular Council Meeting. Oracom is the contractor
for the City's used oil recycling collection program.
7. REPORTS FROM CITY MANAGER- None
8.LEGAL AFFAIRS TAPE 1109
8.1 RESOLUTION NO. 8333
A Resolution of the City Council of the City of Orange declaring surplus that certain vacant parcel
of real property situated on the south side of Santiago Canyon Road across from Hunters Way
and setting forth the conditions for sale of said property. (p2500.0.1)
MOTION
SECOND
AYES
Spurgeon Barrera
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy That Resolution No.
8333 as introduced be adopted and same was passed and adopted by the preceding vote.8.
2 RESOLUTION
NO. 8336 A Resolution of
the City Council of the City of Orange approving an application for grant funds for the California
Integrated Waste Management Board for local government Used Oil Opportunity Grant Program
to expand existing program for certified collection of used oil and accompanying education of
residents. (C2500.M.1.1)MOTION SECOND AYES
Murphy
Coontz
Spurgeon,
Barrera,
Mayor Beyer,
Coontz, Murphy That Resolution No. 8336 as
introduced be adopted and same was passed and adopted by the preceding vote.8.3 RESOLUTION
NO. 8337
A Resolution of the City
Council of the City of Orange upholding the recommendation of the Zoning Administrator of the City
of Orange and granting a Conditional Use Permit to allow the off-sale of beer and
wine in conjunction with the sale of motor fuel upon property situated at 1234 Main Street. (C3300.0)
Applicants: Grady Hanshaw and
Bob Hancock Conditional Use Permit No.
2048-94 Page 6
CITY COUNCIL MINUTES MAY 24, 1994
6. ADMINISTRATIVE REPORTS (Continued)
MOTION
SECOND
AYES
NOES
Coontz Spurgeon
Spurgeon, Barrera,
Coontz, Murphy Mayor Beyer That
Resolution No. 8337
as introduced be adopted and same was passed and adopted by the preceding vote.8.4
ORDINANCE NO.
9-94 An Ordinance of
the City Council of the City of Orange amending the Orange Municipal Code by adding Chapter 5.
43 to Title5 pertaining to Tattoo Parlors. (A2500.0)MOTION SECOND AYES
Barrera
Murphy
Spurgeon,
Barrera, Mayor
Beyer, Coontz,
Murphy That Ordinance No. 9-94 have
second reading waived and be adopted and same was passed and adopted by the preceding vote.
8.5 ORDINANCE NO. 10-
94 An Ordinance of the
City Council of the City of Orange amending Section 17.90.030 of the Orange Municipal Code relating
to length oftime a legal non-conforming residential structure may be replaced. (
A2500.0)MOTION SECOND AYES
Barrera
Coontz
Spurgeon,
Barrera, Mayor
Beyer, Coontz,
Murphy That Ordinance No. 10-94 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 Bob Bennyhoff,
10642 Morada Dr.,
asked the status of the Fire Chief?The City Manager remarked the
Fire Chief is out on medical leave until the end of June. At that time he plans to retire.
In the interim, Dave Rudat has been appointed as acting Fire Chief.Howard DeCruynaere, President of the
Santiago Creek Greenway Alliance Committee, expressed comments in support of Proposition
180 for parks and wildlife.Page 7
CITY COUNCIL MINUTES MAY 24, 1994
10. ORAL PRESENTATIONS (Continued)
Carole Walters, 534 N. Shaffer, commented in opposition to Proposition 180 indicating it will
cost the taxpayers a lot of money.
Corinne Schreck, 446 N. James, commented if people are going to use this type offorum to
discuss their views on ballot propositions, both pros and cons should be presented. Mrs. Schreck
felt this not the right forum to be doing it in.
11. RECESS
MOTION
SECOND
AYES
Barrera Murphy
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy The City
Council recessed at 3:55 P.M. to a Study Session in the Weimer Room regarding the 1994/95
Budget.MOTION SECOND
AYES
Barrera
Murphy
Spurgeon, Barrera,
Mayor Beyer,
Coontz, Murphy The City Council recess
at 5: lOP .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:L. Bazan vs.
City of Orange, Orange County Superior Court Case No. 71-32-24.Gutierrez
vs. City of Orange, Orange County Municipal Court Case No. 28-08-
20.City of Orange vs. Insurance Co. of North America, Orange County Superior Court Case
No.
71-84-93.National Advertising vs. City of Orange, United States District Court Case
No. CV
85-4968 Tlli(Kx).The following litigation cases were
deleted from Closed Session:City of Orange vs. Moreland and Associates, Orange County Superior
Court
Case No. 70-13-96.City of Orange vs. Refco Securities,
Inc., NASD Arbitration No. 92-03685.b. Conference with
Legal Counsel--anticipated litigation. Initiation oflitigation
pursuant Government
CITY COUNCIL MINUTES MAY 24,1994
11. RECESS (Continued)
NOTE: This item was deleted from Closed Session: Significant exposure to litigation pursuant
to Government Code Section 54956.9(b). (One potential case.)
c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6.
City Negotiator: Orv Placial, Personnel Director.
Employee Organizations: Supervisory and Middle Management; Professional, Technical and
Clerical; Water; and Executive Management, Staff Management & Labor Confidential.
d. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in closed session.
12. ADJOURNMENT
MOTION
SECOND
AYES
Spurgeon Barrera
Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy The City Council
adjourned at 5:55 P.M. to a Joint Study Session with the Planning Commission on Tuesday, May
31, 1994 at 4:00 p.m. in the Weimer Room regarding: a. Preliminary Seven-Year Capital Improvement
Program, and b. Draft Affordable Housing Plan.st~~MARILYN 1.
NSIlN",CITY CLERK Gene
Beyer GENE
BEYER MAYOR
FRED L.
BARRERA
MAYOR PRO TEM
Page 9
CITY COUNCIL MINUTES MAY 24, 1994
7:00 P.M. SESSION
NOTE: DUE TO AN EXPECTED LACK OF QUORUM, THERE WILL BE NO
7:00 P.M. SESSION.
13. INVOCATION
13.1 PLEDGE OF ALLEGIANCE TO THE FLAG
13.2 ANNOUNCEMENTS
13.3 INTRODUCTIONS
13.4 PROCLAMATIONS
13.5 PRESENTA TIONS
14. PUBLIC HEARINGS
15. PLANNING AND ENVffiONMENT
16. ORAL PRESENTATIONS
17. ADJOURNMENT
Page 10