01-19-1993 Council MinutesAPPROVED BY CITY COUNCIL ON JANUARY
CITY COUNCIL MINUTES
OF A REGULAR MEETING
26. 1993.
ORANGE, CALIFORNIA
January 19, 1993
The City Council of the City of Orange, California convened on January 19, 1993 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 - Mayor Beyer, Barrera, Coontz ABSENT -
Spurgeon, Steiner NOTE: Spurgeon,
Steiner arrived at 3:05 P.M.1.3
APPROVAL OF MINUTES Special Adjourned
Regular Meeting - January 7, 1993 MOTION - Coontz SECOND -
Barrera AYES - Spurgeon,
Steiner, Mayor Beyer,
Barrera, Coontz ACTION: Approved.1.4 PRESENTA TIONSI
ANNOUNCEMENTSI INTRODUCTIONS
Resolution No. 8130 was presented to
Agnes Marsh on her retirement, and commending her for more than 26
years with the City.1.5 PROCLAMATIONS - None 1.6
REPORTS TAPE 100 ORI800.0.
50.1)Report from the
Citizens Ad Hoc Financial
Advisory Committee.The ad hoc committee consisted of Lynne
Pierson Doti, Bob Breskin and Jim Hansen.The report focused on the problems occurring
with the general operating fund, revenues and expenditures. The recommended revenue increases were
a 2% utility tax and a transient occupancy tax. To reduce expenses the
committee recommended all salaries remain frozen and the hiring freeze be
continued through the end of the fiscal year ofJune,1994. Police and Fire reduce their costs
and increase user fees. Other recommendations were discussed and are outlined in the
report.PAGE 1
CITY COUNCIL MINUTES January 19, 1993
1.6 REPORTS (Continued)
The committee further recommended they be replaced by a Task Force Committee, and
that changes be made on the way the budget is presented to the public, focusing on
revenues and expenditures for a better understanding.
The City Council discussed the following aspects of a utility tax: 9 of the 31 cities in
Orange County have utility taxes which vary from 1.5% to 6%. Revenues from 1.3
million depending on the size of the City to 12 million dollars in Huntington Beach are
generated. The City Manager indicated this tax would include all utilities, water, electric,
telephone, cable, etc. This is the type of tax that can be voted on by the City Council and
does not require a ballot measure.
The following people voiced their concerns in opposition:
Carol Walter, 534 N. Shaffer
Larry Pore, President of the City of Orange Police Management Association
John Whiteley, President of City of Orange Police Association
Mayor Beyer announced the recommendations contained in the ad hoc committee's report
will be used for a staff report, as well as the input received today, to be presented at the
January 26, 1993 Council Meeting, 7:00 P.M. Session.
2.CONSENT CALENDAR TAPE 1506
2.1 Declaration of City Clerk Marilyn J. Jensen declaring posting of City Council agenda of a
regular meeting ofJanuary 19, 1993, 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 Request approval of amendment to the Fire Sprinkler Retrofit Agreement between the
City and Citibank Corp. (Union Bank Square). (A2100.0-Agr 1387.
c)FISCAL IMPACT:
None.ACTION: Authorized the Mayor and City Clerk to execute agreement on behalf of
the
City.2.3 Request authorization to purchase Toro 16' rotary mower from Pacific Equipment
and Irrigation, Inc. in the amount of $50,644, including sales tax, and waive the formal
bid process in accordance with Orange Municipal Code Section 3.08.140. (A2100.0.
Agr
2053)PAGE
CITY COUNCIL MINUTES January 19, 1993
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: $50,644 is budgeted in the CIP fund for this purchase.
ACTION: Approved.
2.4 Request Council approve Tentative Parcel Map 92-195, subject to
recommended conditions. (SW corner of Chapman Ave. and Jamboree Road) (C2500.M.16.
1)FISCAL IMPACT:
None.ACTION:
Approved.2.5 Request authorization for final payment to the Reynolds Group for asbestos-
related work during the Civic Center Remodel Project in the amount of $8,315.87. (A2100.
0.
Agr 1839)FISCAL IMP ACT: $8,315.87 is budgeted in Redevelopment
account 924-9811-481200-
9808 for
this purpose.ACTION: Approved.REMOVED AND
HEARD SEP ARATEL Y)2.6 Request initial appropriation of $28,467.30
to Account No. 200-2011-449500-9985 Local History Room) to be used exclusively for
the furnishing and equipment of a Local HistoryRoom
in the new Main Library. (C2500.I)Mayor Beyer reported approximately $
24,000 was donated from the Centennial Commission. Alice Clark, 205 N. Pine
St., read the following breakdown
she had obtained
from the Finance
Department:Feb. 25,
1991,Feb. 28,
1991,July 11,
1991,
Nov. 19,
1991,Dec. 9,
1992,TOTAL
50.00
22,417.
30 1,00000
4,00000 1.
00000 28,
467.30
Woman's Club Centennial
Commission Historical Society Friends
of the Library Friends of the Library FISCAL IMPACT: Approval of this
request would require an additional appropriation of 28,467.30
to Account No. 200-
2011-449500-9985 (
Local History Room).MOTION - Mayor Beyer SECOND - Coontz
AYES - Spurgeon,
Steiner, Mayor
CITY COUNCIL MINUTES January 19, 1993
2. CONSENT CALENDAR (Continued)
2.7 Request approval of contract with Ernest Brown and Co., and authorize payment of legal
fees in excess of $30,000 for ongoing legal services. (A2100.0.Agr 1862.B)
FISCAL IMPACT: Funds are available in Legal Services Account No. 100-
0301-426100 to meet expected expenditures during the current
fiscal year.ACTION: Authorized Mayor and City Clerk to execute on behalf
of City.2.8 Request from the Caterers' California Special Events Group to conduct
the Orange County Art and Jazz Festival on March 27, 1993 from 9:00 a.m. to 6:00 p.m.
at the American Way Cultural Center. (p1300.
0.9)FISCAL IMPACT: Police and Fire
fees waived.
ACTION: Approved.MOTION -
Steiner SECOND - Spurgeon
AYES - Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Item
2.6 was removed and heard separately, all other item on the Consent Calendar
were approved as recommended.URGENT
ITEM REQUEST MOTION -
Mayor Beyer SECOND - Steiner
A YES - Spurgeon,
Steiner, Mayor Beyer, Barrera, Coontz That the need for
this item arose after the posting of the agenda.Bill Utter, representing the
YMCA requested the $37.50 fee, plus police and fire fees be waived for their
M-Car Grand Prix fundraiser scheduled for January 23,-24, 1993 at The City Shopping
Center. (P1300.0.9)MOTION - Barrera SECOND -
Spurgeon A YES -
Spurgeon, Steiner, Mayor
Beyer, Barrera, Coontz Moved to waive the fees as
requested.END OF CONSENT CALENDAR PAGE 4
CITY COUNCIL MINUTES January 19, 1993
3. REPORTS FROM MAYOR BEYER - None 4.
REPORTS FROM COUNCILMEMBERS URGENT
ITEM - Mayor pro tern Steiner's appointments to the La Veta Study Committee MOTION -
Mayor
Beyer SECOND - Spurgeon AYES -
Spurgeon, Steiner, Mayor
Beyer, Barrera, Coontz Moved that this item arose
after the posting of the agenda.Mayor pro tern Steiner announced
the following appointees to the La Veta Study Committee: Ralph Zehner and Will
Chambers.MOTION - Spurgeon SECOND - Barrera A
YES - Spurgeon, Steiner,
Mayor Beyer, Barrera,
Coontz Moved to approve the appointments.5. REPORTS FROM
BOARDS, COMMITTEES, AND COMMISSIONS - None
6. ADMINISTRATIVE REPORTS - None 7. REPORTS FROM CITY MANAGER -
None 8.LEGAL AFFAIRS TAPE
1694 8.1 RESOLUTION NO. 8136 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 situated westerly of future Crawford Canyon Road and
approximately 1500 feet northerly of Chapman Avenue. (C2300.E)General Plan
Amendment 3-92-A Applicant City of Orange MOTION
SECOND AYES Coontz Barrera
Spurgeon, Steiner, Mayor Beyer,
Barrera,
Coontz
That
Resolution
No. 8136
as introduced be adopted and same was
passed and adopted by the preceding vote.PAGES
CITY COUNCIL MINUTES January 19, 1993
8. LEGAL AFFAIRS (Continued)
8.2 RESOLUTION NO. 8137
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 reclassification of
property situated westerly of future Crawford Canyon Road and approximately 1500
feet northerly of Chapman Avenue. (ZI500.0)
Zone Change 1155-
92 Applicant: City of
Orange
MOTION
SECOND
AYES Barrera
Coontz Spurgeon,
Steiner, Mayor Beyer, Barrera, Coontz That Resolution
No. 8137 as introduced be adopted and same was passed and adopted by the
preceding vote.8.3
RESOLUTION NO. 8138 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 General Plan Classification of
property situated east and west of Manchester Avenue, north of Compton Avenue. (
C2300.E)General Plan
Amendment 3-92-B
Applicant: City of Orange
MOTION
SECOND
AYES
Coontz Barrera
Spurgeon, Steiner,
Mayor Beyer, Barrera, Coontz That Resolution No.
8138 as introduced be adopted and same was passed and adopted by the preceding
vote.8.4 RESOLUTION
NO. 8139 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 reclassification of property situated east
and west of Manchester Avenue, north of Compton Avenue.ZI500.0)PAGE
6
CITY COUNCIL MINUTES January 19, 1993
8. LEGAL AFFAIRS (Continued)
Zone Change 1154-
92 Applicant City of
Orange
MOTION
SECOND
AYES Spurgeon
Steiner Spurgeon,
Steiner, Mayor Beyer, Barrera, Coontz That Resolution
No. 8139 as introduced be adopted and same was passed and adopted by the
preceding vote.8.5
RESOLUTIONNO. 8140 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 reclassification of property situated
east of Water Street, north and south of Almond Avenue.ZI500.0)
Zone Change
1135-92 Applicant:
City of Orange MOTION
SECOND
AYES
Spurgeon
Coontz
Spurgeon,
Steiner, Mayor Beyer, Barrera, Coontz That Resolution
No. 8140 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 Bob Bennyhoff,
10642 Morada Dr., questioned why the special assessment district issue was included
in the first Ad Hoc Committee's report, and was not addressed in the report presented
at this Council meeting? The City Manager did not know and referred Mr.
Bennyhoff to Ms. Doti.Carol Walters,
534 N. Shaffer St., commented the members on the boards, committees and commissions
should be retained instead of deleting them. The Mayor remarked the recommendation
from the Ad Hoc Committee was to sunset the committees that are not useful.
Ms. Walters
asked when the Planning Commission appointment would be made?Mayor Beyer
announced it would be made within the next few weeks.PAGE 7
CITY COUNCIL MINUTES January 19, 1993
11. RECESS
The City Council recessed at 4:10 P.M. to a Closed Session for the following purposes:
a. To confer with its attorney regarding pending litigation pursuant to Government
Code Section 54956.9(a), to wit
City of Orange vs. DLO Securities, et aI, United States
Court Case No. SA CA92-862AHS (
RWRX)NOTE: The City Attorney added the northwest corner of Chapman and Main
Street,Jeff
Garner.b. To confer with its attorney to decide whether to initiate litigation pursuant
to Government Code Section 54956.9(
c).c. To meet and give directions to its authorized representative regarding labor
relations matters pursuant to Government Code Section 54957.
6.d. To confer with its attorney regarding potential litigation pursuant to
Government Section 54956.9(b)(
I).e. To consider and take possible action upon personnel matters pursuant
to Government Code Section
54957.f. To give instructions to its negotiator in connection with the purchase, sale,
exchange or lease of real property pursuant to Government code Section 54956.
8.g. 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 - Helen Walker, President, Soroptimist International of Orange.
12.1 PLEDGE OF ALLEGIANCE TO THE FLAG
12.2 ANNOUNCEMENTS- None
12.3 INTRODUCTIONS - None 12.
4PROCLAMATIONS - None 12.5
PRESENTATIONS - None 13. PUBLIC HEARINGS
TAPE 2096 A3100.
0)13.
1 PROTEST
HEARING FOR ANNEXATION NO. 396, ORANGE PARK BOULEVARD:Time set
for
a protest hearing for Annexation No. 396, Orange Park Boulevard, as directed by the
Local Agency Formation Commission on November 4, 1992.Proceedings for the
annexation were initiated by a registered voter petition. The area consists of 29.
23 acres located southeasterly of westerly Orange Park Boulevard and Santiago Canyon Boulevard
in the Orange Park Acre area.PAGE 8
CITY COUNCIL MINUTES January 19, 1993
13. PUBLIC HEARINGS (Continued)
MAYOR BEYER OPENED THE PUBLIC HEARING.
The Annexation Coordinator reported two years ago citizens in the annexation area
petitioned the City Council to be annexed into the city. At that time they had
approximately 15 signatures, which was one-half of the registered voters in the
area.Since then the proposal has been approved by
LAFCO.The residents in this area were told they are responsible to pay for sewer hookups,
and since most of the residents are in favor, there will not be any election
costs.The City Clerk reported there have been not been any protests
filed.Speaking in
support:Mara Brandman, 7319 Equitation
Way G. L. Skip Raymond, 1012 E. Adams St., representing the Salem Lutheran
Church,19952 Santiago Canyon Rd., Orange, asked for reassurance that their facilities and
uses for the church will not require any retrofitting or compliance with current zoning
or building
codes.The Administrator of Current Planning commented, if there are nonconforming
uses existing on the church site, with the City's current ordinance, they would be allowed
to continue as they are, unless the Church were to go into some discontinuance. lf
the annexation takes place, the City would want to proceed with a survey to identify
what is in the area and concerns to be registered, if any. What is existing now can
remain,however, if it is different that what the zoning ordinance allows, it could not
expand without going through the public hearing
process.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE
PUBLIC
HEARING.
MOTION
SECOND
AYES Mayor Beyer
Steiner Spurgeon,
Steiner, Mayor Beyer, Barrera, Coontz Moved to
direct the City Clerk to verify signatures and report back within 30 days with an appropriate
resolution, based upon the percentage of protests received.PAGE 9
CITY COUNCIL MINUTES
13. PUBLIC HEARINGS (Continued)
January 19, 1993
MOTION
SECOND
AYES
Coontz Barrera
Spurgeon, Steiner,
Mayor Beyer, Barrera, Coontz Moved to direct
staff to draft an appropriate resolution based on the percentage of protests received.TAPE
2381 A4000.
0)13.
2 APPEAL
NO. 406, VARIANCE NO. 1942-92, GREER ENGINEERING FOR CHEVRON:Time
set
for a public hearing on petition by Greer Engineering to appeal the decision by the
Zoning Administrator on November 19, 1992 denying Variance 1942-92 to allow a
ground sign which exceeds the maximum 15 foot height limit and to allow the price portion
of the sign to exceed the maximum 24 square foot sign area permitted by Orange
Municipal Code Section 17.78.100. The project site is located at the northeast corner
of Chapman and Prospect Avenues (3301 E. Chapman Avenue).NOTE:
This project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) per CEQA Guidelines Section 15301.APPELLANT
STATES THE FOLLOWING REASONS FOR THE APPEAL:The
decision of the Zoning Administrator places Chevron at an unfair disadvantage with
its competitors. The decision denies Chevron sign visibility currently enjoyed by their
competitors. These other service stations were able to install signs over the currently
allowed height of 15 ft. prior to the adoption of the new sign code."MAYOR
BEYER OPENED THE PUBLIC HEARING.The
Administrator of Current Planning reported the appellant is proposing a sign that is
30 ft., 7-1/2 inches tall and 142 sq. ft., of which 63 sq. ft. incorporates a price sign into
the design. The proposed sign also overhangs the public right-of-way by
two feet.Speaking
in favor:Robert Fiscus, 2050 E. Santa Cruz, Anaheim, representing Chevron,
commented the increase in the sign's height is needed to be more competitive due to the
proximity of other service stations in the area. The proposed sign is a standard sign
for Chevron.Mr. Fiscus explained the sign would be moved so it would not overhang
the public right-of-way. As another compromise, Chevron would bring the
sign height
down to
CITY COUNCIL MINUTES January 19, 1993
13. PUBLIC HEARINGS (Continued)
The City Clerk announced a postcard was received from Gail F., Diane, and Ed
Beverly, 170 N. Prospect Ave., Orange, in opposition.
THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC
HEARING.
MOTION
SECOND
AYES
Spurgeon Coontz
Spurgeon,
Steiner, Mayor Beyer, Barrera, Coontz Moved that
this project is categorically exempt from the provisions of the California Environmental Quality
Ace (CEQA) per CEQA Guidelines Section 15301.MOTION SECOND
AYES
NOES
Spurgeon
Coontz
Spurgeon, Steiner,
Mayor
Beyer, Coontz Barrera Moved to deny
Appeal No.
406.14. PLANNING AND ENVIRONMENT - None
15. ORAL PRESENTATIONS - None 16. ADJOURNMENT
MOTION SECOND AYES Mayor Beyer
Barrera Spurgeon,
Steiner,
Mayor
Beyer,
Barrera, Coontz Moved
to adjourn
at 7:40 P.M. to an
Adjourned Regular Meeting, January 26,1993 at 1:30 P.M. in the Weimer Room to discuss
the Ad Hoc Committee's report and the 93/94 Budget Policy Directives.UA"r~ ~A2/4Y'MARILYN ENS , C
CITY CLERK GENEB ~
MAYPAGE 11