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07-19-1994 Council MinutesI ADOPTED BY THE CITY COUNCIL MINUTES OF A REGULAR MEETING CITY COUNCIL ON JULY 26 1994 ORANGE, CALIFORNIA JULY 19, ]994 The City Council of the City of Orange, California convened on July 19, 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 - None 1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS - None 1.5 PROCLAMATIONS - None 2.CONSENT CALENDAR TAPE 59 2.1 Declaration of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of a regular meeting of July ]9, 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.REMOVED AND HEARD SEP ARATEL Y)2.2 Request Council authorize the Mayor and City Clerk to execute a Real Estate Sale and Purchase Agreement with Donald Hunt for the sale of vacant land located behind the Resource Center on McPherson Road. ( AZI00.0.Agr.2263)FISCAL IMPACT: Proceeds to be deposited in the General Fund.The City's Real Property Officer reported the City does not use this property. It is a rectangular piece of property behind the Resource Center and back of the fence up to the Orange County Water District property to the north. There have been trash and other problems that have occurred in this area.MOTION - Coontz SECOND - Spurgeon AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer PAGE 1 CITY COUNCIL MINUTES JULY 19, 1994 2. CONSENT CALENDAR (Continued) ACTION: Approved and authorized Mayor and City Clerk to execute on behalf of the City. 2.3 Request Council approve Cooperative Funding Agreement No. C-94-822 with Orange County Transportation Authority and Southern California Regional Rail Authority for the Maple Avenue storm drain crossing at the Orange Depot Site. (AZI00.0. Agr.2262)FISCAL IMPACT: None.ACTION: Authorized the Mayor and City Clerk to execute on behalf of City.REMOVED AND HEARD SEP ARATELY)2.4 Request for the installation of an "All-Way" Stop control device at the intersection of Center Street and Palm Avenue. (Continued from May 10, 1994 and June 14, 1994).S4000. S.3.3) FISCAL IMPACT: None.The Traffic Engineer reported the item was returned to the City Traffic Commission for reconsideration and discussion of stop locations in the subject quadrant of Old Towne.The Commission reconfirmed the recommendation to deny the All Way Stop. The red curb installation was changed reducing it to 26 feet. Regarding the remaining existing stops in the quadrant, it was the Commission's feeling to not embarkon any m,yor studies and to leave the stops as they are now. The Traffic Engineering staff also recommends denial of the item.Councilwoman Coontz suggested a review in the future by the Traffic Engineer of the existing stop signs in the area to indicate if there is a necessity to add more stop signs or signals. The City Manager indicated this could be done at a future time. Further, it was recommended this item be continued in order for interested citizens to be aware of the recommendations.The City Traffic Engineer commented the subject area is adequately stopped. However,there is an area immediately to the east of Cambridge where the number of stop signs and locations is not consistent. These stops can be identified and rectified.Carole Walters, 534 N. Shaffer, speaking for Soccoro Baca, 313 N. Center St., remarked Mrs. Baca is confused because she thought the item was to go back to the City Traffic Commission tomorrow. It is important the residents in this area are protected. It was recommended the stop sign on Center Street at Walnut be removed now.The City Traffic Engineer commented staff would agendize the three stop signs on Walnut at Grand, Center, and Shaffer for the City Traffic Commission's consideration at their August CITY COUNCIL MINUTES JULY 19,1994 2. CONSENT CALENDAR (Continued) MOTION - Murphy SECOND - Spurgeon AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer ACTION: Moved to continue this item for one week to ensure it is moved to Administrative Reports on the Agenda. Also, notice be given that the Council will move forward on this item. 2.5 Authorize the Mayor and City Clerk to execute on behalf of the City, a Cooperative Agreement (#D94-099) between the County of Orange and the City of Orange, agreeing to the installation of a traffic signal and highway safety lighting at the intersection of Fairhaven Ave. and Yorba St. (AZ100.0.Agr.2264)FISCAL IMP ACT: Orange County Combined Transportation Funding Program OCCTFP), a Measure M component, will be funding this project through Growth Management Areas (GMA) 3 & 7.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.6 Request Council to review a request from Hanson Properties West for a rough grading permit prior to recording the final tract map; Tract Map No. 14747; Mabury Avenue and Yellowstone Boulevard, adjacent to Santiago Creek. (T4000.0)FISCAL IMPACT: No impact on budget.ACTION: Approved, subject to posting the normal development and grading bonds.REMOVED AND HEARD SEPARATELY)2.7 Approval of agreement in the amount of$14,000 with Communications Support Group to provide technical assistance to City during cable television franchise renewal process.AZI00.0.Agr. 2244.1)FISCAL IMPACT: Funds are included in the 1994-95 Fiscal Year Budget.Councilwoman Coontz commented she did not have the opportunity to view all community cable vision programs and suggested a review of the subject would be helpful.Councilman Murphy commented the Community Video Advisory Board will hold public meetings concerning community needs and assessments during the first week in September and will be reporting back to Council and the Consultant. It was suggested a study session be scheduled. The City Manager indicated the study session should be held at the end of September, and cover future plans and innovative ideas.Page 3 CITY COUNCIL MINUTES JULY 19,1994 2. CONSENT CALENDAR (Continued) MOTION - Coontz SECOND - Murphy AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer ACTION: Moved to authorize the City Manager and City Clerk to execute on behalf of the City, with the inclusion of a study session, to discuss future activities and programming. The agenda for these dates to be reviewed by the City Manager.MOTION - Murphy SECOND - Coontz AYES - Spurgeon, Barrera, Coontz, Murphy ABSENT - Mayor Beyer Items 2.2,2. 4 and 2.7 were removed and heardseparately; 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 Councilwoman Coontz reported the Police Department's Open House this past weekend was very impressive relative to the many activities displayed and tours that were conducted. There was information available on their Volunteer Program which was extensive. The City has experienced good response with the volunteer programs, including the City Manager and Mayor's Offices.The Police Department has 16 volunteers, 4 in the Detective Bureau, 2 in the Gang Unit and a number of them are participating at the Information Desk. One problem area is with the Volunteer Program at the Library. For the past six months people have indicated they have attempted to volunteer at the Library and they were told, in spite of their expertise, the only task they could be given would be to stack books. A number of these people have exceIlent qualifications beyond stacking books and are intelligent and willing to work.It was suggested a report be provided to Council indicating the success of the Volunteer Program in the City and how volunteers are being used. The City Manager commented volunteers can multiply the effectiveness of the organization and he will contact the Personnel Department to expedite the review process. Council will receive a report back on this issue.Page 4 CITY COUNCIL MINUTES JULY 19,1994 5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS 5.1 Accept vacancy on the Community Video Advisory Board created by Carolyn Cavecche and instruct the City Clerk to advertise pursuant to Maddy Act requirements. ORI800.0.28) MOTION SECOND AYES ABSENT Accepted. Spurgeon Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer NOTE: Councilman Spurgeon commented he had received a call from a Library Board Trustee who informed him that George Gorham's term had expired. The City Clerk was asked to clarifY the policy.The City Clerk indicated the Council policy on committee appointments allows the person to remain in that position if the Council and Board feels they are doing a good job and reappointment is mutual. In Mr. Gorham's case he is eligible to be reappointed.5.2 Accept the reappointment of Carole Walters to the Official City Old Towne Steering Committee, term to expire 07/31/96. (ORI800.0.16)MOTION SECOND AYES ABSENT Accepted. Spurgeon Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer 6. ADMINISTRATIVE REPORTS - None 7. REPORTS FROM CITY MANAGER - None 8.LEGAL AFFAffiS TAPE 800 8.1 RESOLUTION NO. 8359 A resolution of the City Council of the City of Orange approving the Letter of Understanding between the City of Orange and the Orange City Firefighters, Inc. Local 2387 concerning wages,hours, and other conditions of employment for the period ofJuly 1,1994 through June 24,1995,and amending Resolution No. 7624 for said employees. (C2500.1. 4.3)Page 5 CITY COUNCIL MINUTES JULY 19,1994 8. LEGAL AFFAffiS (Continued) MOTION SECOND AYES ABSENT Spurgeon Coontz Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8359 as introduced be adopted and same was passed and adopted by the preceding vote.8.2 RESOLUTION NO. 8366 A Resolution of the City Council of the City of Orange establishing compensation for the Planning Commission and the Design Review Board. (C2500.G.2.1-0RI800.0.8.1)Discussion: The Director of Community Development clarified that this resolution and the next ordinance does not change the compensation rates. The ordinance will remove the specific dollar amount of the compensation and replace it with language that will allow establishment by resolution.MOTION SECOND AYES ABSENT Spurgeon Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8366 as introduced be adopted and same was passed and adopted by the preceding vote.8.3 ORDINANCE NO. 16- 94 An Ordinanceof the City Council of the City of Orange amending Section 17.96.100.A of the Orange Municipal Code regarding compensation to members of the Design Review Board.A2500.0)MOTION SECOND AYES ABSENT Barrera Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Ordinance No. 16-94 have first reading waived and same was set for second reading by the preceding vote.Page 6 CITY COUNCIL MINUTES JULY 19,1994 8. LEGAL AFFAIRS (Continued) 8.4 RESOLUTION NO. 8367 A Resolution of the City Council of the City of Orange approving the reclassification of six Police Clerk positions, Salary Range 321, $1768 to $2267 per month, with Position Control Numbers 58,537,732,575,642, and 711 to Senior Police Clerk, Salary Range 341, $1954 to $2505 per month, and reclassifYing one Police Clerk Position with Position Control No. 431 to Police Services Officer, Salary Range 349, $2033 to $2607 per month, retroactive to March 6, 1994. C2500.K) MOTION SECOND AYES ABSENT Spurgeon Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8367 as introduced be adopted and same was passed and adopted by the preceding vote.8. 5 RESOLUTION NO. 8368 A Resolution of the City Council of the City of Orange extending the term of the non-exclusive cable television franchise granted to Cablevision of Orange. (FII00.0) MOTION SECOND AYES ABSENT Coontz Murphy Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8368 as introduced be adopted and same was passed and adopted by the preceding vote.8.6 RESOLUTION NO. 8369 A Resolution of the City Council of the City of Orange amending Section 5.63.100 of the Orange Municipal Code to waive street banner installation fees for City Sponsored Events. (A2500.0)Discussion: Council discussed the concept of not having to adopt a new resolution every time there is a banner problem. It was suggested it is the City Manager's purview to make the decision on whether the banners to be hung be included in the resolution.The City Attorney commented the legal effect would be to authorize an amendment to the ordinance stating the City Manager will have discretion with respect to City sponsored events,and then it will not have to return to Council each time a banner is to be displayed.Page 7 CITY COUNCIL MINUTES JULY 19, 1994 8. LEGAL AFFAIRS (Continued) MOTION SECOND AYES ABSENT Murphy Coontz Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8369 as introduced be adopted and same was passed and adopted by the preceding vote, to include a change to the word 'further' at the end of this item to 'all' City sponsored functions, as suggested by the City Manager.9. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS Carole Walters, 534 N. Shaffer, expressed comments regarding the neighbor that is upset by the noise created by the P. 1. Meads Market located on Cambridge Street. There is a public nuisance law in Orange and this is a public nuisance and should be handled by the City within a timely manner.The City Manager reported the Director of Community Development gave him an update on this issue this morning. The report will be on the Council Agenda August 9, 1994.Corinne Schreck, 446 N. James, commented on the revisions pertaining to the Zoning Update and the Certified Local Government item which is addressed in these documents. It was further suggested that the Council Work Study Session scheduled for July 25, 1994 at 4:00 p.m. in the Weimer Room be announced at this session and again at the 7:00 p.m. session.Mayor pro tem Barrera congratulated Councilman Murphy on his birthday tomorrow.Councilman Murphy announced Mayor pro tem Barrera's birthday was this Friday, July 22, 1994.11. RECESS MOTION SECOND AYES ABSENT Murphy Barrera Spurgeon, Barrera, Coontz, Murphy Mayor Beyer The City Council recessed at 3 :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.NOTE: The City Attorney announced the remaining items were deleted from the Closed Session:Page 8 CITY COUNCIL MINUTES JULY 19,1994 11. RECESS (Continued) National Advertising vs. City of Orange, United States District Court Case No. CV85-4968TJH( Kx).City of Orange vs. Orange County Sheriff, Orange County Superior Court Case No. 72 9718.b. Conference with Legal Counsel - anticipated litigation. Initiation oflitigation pursuant to Government Code Section 54956.9(c) (one potential case). 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. 7:00 P.M. SESSION 12. INVOCATION Tom Clark, Member of the Lions Club of Orange 12.1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.2 ANNOUNCEMENTS - None 12. 3 INTRODUCTIONS - None 12.4 PROCLAMATIONS - None 12.5 PRESENTATIONS - None 13. PUBLIC HEARINGS 13. 1 1994-95 WEED ABATEMENT TAX ASSESSMENT, CITY OF ORANGE:T1100.0)Time set for a public hearing on petition by the City of Orange to consider the assessment of weed abatement costs upon real property within the City of Orange.MAYOR PRO TEM BARRERA OPENED THE PUBLIC HEARING.The Fire Marshall reported there are four property owners with a total of 13 parcels which have not paid for weed abatement services by the City's contractor. The deadline to submit the costs to the Assessor is August 10th. If payment is received prior to this date, the charges will be removed from the list.Page 9 CITY COUNCIL MINUTES JULY 19,1994 13. PUBLIC HEARINGS (Continued) The Fire Marshall indicated for the past three years the new ordinance that instituted the administrative fee and penalty increases has reduced the number of parcels from 40 to less than 10 per cycle. The weed abatement charges per property owner average approximately $7800.00. Mayor pro tem Barrera announced Geneva Fulton had telephoned today and would be unable to attend the public hearing. She is concerned about the southwest corner of Culver and Main. The property owners refuse to clean up the lot and she recommended it be posted by the City. Mayor pro tem Barrera instructed the Fire Marshall to answer Ms. Fulton's query and investigate the site for weed abatement. THERE BEING NO FURTHER COMMENTS, MAYOR PRO TEM BARRERA CLOSED THE PUBLIC HEARING. RESOLUTION NO. 8353 A Resolution of the City Council of the City of Orange assessing the cost of weed abatement upon real property. MOTION SECOND AYES ABSENT Coontz Spurgeon Spurgeon, Barrera, Coontz, Murphy Mayor Beyer That Resolution No. 8353 as introduced be adopted and same was passed and adopted by the preceding vote.14. PLANNING AND ENVIRONMENT - None 15. ORAL PRESENTATIONS - None Page 10 CITY COUNCIL MINUTES JULY 19,1994 16. ADJOURNMENT MOTION SECOND AYES Barrera Murphy Spurgeon, Barrera, Mayor Beyer, Coontz, Murphy The City Council adjourned at 7:16 a.m. to a Study Session on July 25, 1994 at 4:00 P.M. in the Weimer Room to consider the new Zoning Ordinance.m/I'/ C('~. .~~-?;:f/~MARILYN. JEN~, C CITY CLERK Gene Beyer GENE BEYER MAYOR B~<~~~FRED . ARRERA MAYOR PRO TEM Page 11