03-23-1993 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
March 23, 1993
The City Council of the City of Orange, California convened on March 23, 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 - Spurgeon, Mayor Beyer, Barrera, Coontz ABSENT -
None 1.3
APPROVAL OF MINUTES Regular Meeting
March 9, 1993 MOTION - Barrera
SECOND - Coontz AYES -
Spurgeon, Mayor Beyer,
Barrera, Coontz ACTION: Approved.1.4 PRESENTATIONS/
ANNOUNCEMENTS/ INTRODUCTIONS -
None 1.5 PROCLAMATIONS - None 2.CONSENT
CALENDAR Tape 49 2.1
Declaration of City Clerk Marilyn
J. Jensen declaring posting of City Council agenda of a regular meeting of March 23, 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 Authorize Mayor and Director of
Finance to draw warrants on City Treasurer in payment of demands.ACTION: Approved.PAGE 1
CITY COUNCIL MINUTES March 23, 1993
2. CONSENT CALENDAR (Continued)
CONTINUED FROM MARCH 9, 1993)
2.3 Request for installation of a '4-Way Stop' control device at the intersection of
Rancho Santiago Blvd. and Bond Ave. (S4000.S.3.
3)FISCAL IMPACT:
None.ACTION: Removed from the
Agenda.2.4 Request from International Society of Arboriculture to hold 1993 Southern
California Tree Trimmer's Jamboree and Arbor Faire in W. O. Hart Park on Saturday, June 5,
1993.p1300.0.
9)FISCAL IMPACT:
None.ACTION:
Approved.2.5 Request from City Clerk to transfer $12,000.00 from UnaIlocated Reserves of the
General Fund to Account 100-0401-465501 (Election
Expenses). (EIIOO.O)FISCAL IMPACT: $12,000.00 to be transferred from Unallocated
Reserves
to Account
100-0401-465501.ACTION: Approved.2.6 Request Council approve authorization for advertising to
invite bids for storm drain construction on Orange Street from Chapman
Avenue to Palm
Avenue; D-llO.
C2500.M.
17)FISCAL IMPACT: None.ACTION: Approved.2.7 Authorize execution of agreement between the City
and the law firm of Littler,Mendelson, Fastiff, Tichy & Mathiason for
labor relations and employment
legal services.A2100.0.Agr 1956A)FISCAL IMPACT: Approval of this request
would require an additional appropriation of 52,800.00
to Account #100-0301-426100-9865 (personnel Legal Services).ACTION: Approved and authorized
City Attorney to execute on behalf of the City.NOTE: Councilman Spurgeon abstained from
this item due to a conflict of interest. One of the attorneys in this law
firm has worked
with the
CITY COUNCIL MINUTES March 23, 1993
2. CONSENT CALENDAR (Continued)
2.8 Request from Chapman University to conduct the Environmental Action Group
Associated Students' Walkathon for the Environment on March 27, 1993, beginning at
7:00 a.m. (p1300.9)
FISCAL IMPACT: None. All fees to be paid by sponsor.
ACTION: Approved.
REMOVED AND HEARD SEPARATELY)
2.9 Request from Orange Host Lions' Club to sponsor the Lions' May Festival, to be held May
7-9, 1993. Waiver offees has been requested. (p1300.0.
9)Carroll Johnson, 100 S. Glassell, representing the Orange Host Lions Club, has agreed
to pay the fees. However the fees for Police Services is approximately $8,000.00, which
are very heavy. Mr. Johnson requested a private security firm be used, with one
security person on patrol. It would cost approximately $675.00 for one person, and $1200.00
for two security guards for the entire fair, if
necessary.Police Chief Robertson indicated he was not familiar with the security firm Mr.
Johnson was recommending. However, Chief Robertson recommended the suggestion be tried
for this year only, predicated on the fact the Police Department would provide the security
for 8,000.00. The $8,000.00 would be required up front, and could possibly be cut back
if the situation warrants it. Also requested is $5,000.00 in contingency, in case
something unforeseen
happens.Mayor Beyer commented no City funds are to be used. Further discussion needs to
occur between the Police Department and the Lions Club regarding the potential problems
of this
event FISCAL IMP ACT: None. All fees will be paid by
sponsor.ACTION: Continue this item to April 13,
1993.2.10 CLAIM FOR DAMAGES
FROM:C3200.
0)Charles Garrett (Cross-Ref:
L. Nash)FISCAL
IMPACT: None.ACTION: Denied claim and referred to City Attorney
and Adjuster.MOTION -
Barrera SECOND - Coontz
AYES - Spurgeon, Mayor Beyer, Barrera, Coontz PAGE
3
CITY COUNCIL MINUTES March 23, 1993
2. CONSENT CALENDAR (Continued)
Item 23 was removed from the Agenda, Item 2.9 was removed and heard
separately, and Councilman Spurgeon abstained from Item 2.7. All other items
on the Consent Calendar were approved as recommended.
END OF CONSENT CALENDAR
3.REPORTS FROM MAYOR BEYER TAPE 376
Mayor Beyer recognized Meredith Martini, member of the Santiago System Advisory
Board. Mr. Martini presented a plaque that honored the Board as recipient of the 1992
Outstanding System Advisory Board Award for the State of California. (OR1800.0.3.21)
4.REPORTS FROM COUNCILMEMBERS TAPE 460
4.1 Report from Councilwoman Coontz on Exterior Residential Lighting. (Report on
file in the City Clerk's Office.) (A2500.0)
Councilwoman Coontz commented if Council desires to move forward on an ordinance
amendment for residential lighting standards, the usual research, code preparation and
staff report could take approximately 90 days depending on staff resource availability.
Staff time cost estimate would be approximately $2,000 to $3,000.
George Calafat, 2027 W. Arbor Way, indicated this problem has been going on for a 10
month period. It is an invasion of privacy, and the City should regulate and enforce
this problem. Mr. Calafat distributed pictures showing his entire backyard being lit up
at night because of his neighbors outside lights.
Carol Walters, 534 N. Shaffer, felt the situation is different according to neighbors
needs. Security lighting is installed by people that feel it is necessary for safety reasons.
This should not be considered the same thing, and allowances should be considered.
MOTION
SECOND
AYES
Coontz
Spurgeon
Spurgeon, Mayor Beyer, Barrera, Coontz Moved
to request the Planning Department and City Attomeys Office work together on a
proposal regarding the control of residential to residential lighting.NOTE:
The Director of Community Development reported this issue would return to Council
within 90 days.PAGE
4
CITY COUNCIL MINUTES March 23, 1993
4. REPORTS FROM COUNCILMEMBERS (Continued)
4.2
and Ethics.
TAPE 1080
Report from Councilwoman Coontz revisiting the Statement of Values
On file in the City Oerk's Office.) (C2500.A)
Councilwoman Coontz reported, because of the growing public concerns regarding
ethical standards, it is strongly suggested that Council review the values and ethics
policy to see if it meets the objectives Council established when they adopted the
Statement of Values and Ethics in August of 1990. Further, it was recommended that
Council review the code and continue this item to April 13, 1993 Council meeting to
discuss whether or not any changes or additions are needed.
Council discussed incorporating ethics and the statement of values for appointed and
elected officials, as well as all City employees into the Employee Handbook which is
being revised at this time.
MOTION
SECOND
AYES
Coontz
Spurgeon
Spurgeon, Mayor Beyer, Barrera, Coontz Moved
to continue this item to April 13, 1993. Staff to report on how the incorporation of
ethics and values can be added to the Employees Handbook.5.
REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None 6. ADMINISTRATIVE
REPORTS - None 7. REPORTS FROM
CITY MANAGER - None 8.LEGAL AFFAIRS TAPE
1370 8.1 RESOLUTION NO.
8160 A Resolution of the
City Council of the City of Orange agreeing to a redistribution of property taxes for Annexation
No. 404 (19710 Santiago Canyon Road). (A3100.0)MOTION SECOND AYES Barrera
Spurgeon
Spurgeon,
Mayor
Beyer, Barrera,
Coontz That
Resolution No. 8160 as introduced be
adopted and same was passed and adopted by the preceding vote.PAGES
CITY COUNCIL MINUTES March 23, 1993
8. LEGAL AFFAIRS (Continued)
8.2 RESOLUTION NO. 8161
A Resolution of the City Council of the City of Orange consenting to the designation of
the intersection of Fairhaven Avenue and Prospect Avenue as a County highway
pursuant to Streets and Highways Code ~1700 et seq. (H1200.0)
MOTION
SECOND
AYES
Coontz
Barrera Spurgeon,
Mayor Beyer, Barrera, Coontz That Resolution
No. 8161 as introduced be adopted and same was passed and adopted by the
preceding vote.8.3
RESOLUTIONNO. 8162 A Resolution
of the City Council of the City of Orange honoring William G. Steiner for his service
to the City of Orange as City Councilman and Mayor Pro Tem.C2500.D)
MOTION SECOND
AYES
Spurgeon
Mayor
Beyer Spurgeon,
Mayor Beyer, Barrera,
Coontz That Resolution No. 8162 as
introduced be adopted and same was passed and adopted by the preceding vote.8.4 ORDINANCE
NO. 2-
93An Ordinance of the
City Council of the City of Orange adding Chapter 8.26 to the Orange Municipal Code regulating
the use of leaf blowers in residential areas.A2500.0)Discussion: Frank
Coxe, 5112
Glen Arran Lane requested the following changes: 1) The word can," weakens the statement
that it causes problems. It does not always cause problems. 2)RPM speed of the
leafblower - the ear is more sensitive to the high frequencies that are generated by a leafblower on high,
rather than one that is on half speed. 3) Make property owners liable for hiring people that have leafblowers
that do not fulfill the City's ordinance.MOTION - Barrera SECOND - Coontz Councilman
Barrera made a
motion to adopt
first reading, supporting the first two recommendations by Mr. Coxe, and elimination of
recommendation number 3.Councilwoman Coontz removed her second, because it
was for the proposal as set forth by the City Attorney.PAGES l
CITY COUNCIL MINUTES March 23, 1993
8. LEGAL AFFAIRS (Continued)
The City Attorney reported changes to the ordinance were incorporated from last week's
discussion. It was recommended first reading be continued if additional changes will be made.
However, ifno changes are to be made, Council may adopt first reading.
MOTION
SECOND
AYES
Barrera Coontz
Spurgeon, Mayor
Beyer, Barrera, Coontz That Ordinance No.
2-93 have first reading waived and same was set for second reading by the preceding vote.
Councilman Barrera
requested Mr. Coxe's recommendations and will present them to the City Attorney for
discussion at a later date.8.5
ORDINANCE NO. 3-93 An
Ordinance of the City Council of the City of Orange amending Section 17.04.090 of the
Orange Municipal Code concerning home occupations. (A2500.0)Mr.
Jack Payne 807 E. Adams, spoke in favor of the ordinance.MOTION
SECOND
AYES
Barrera
Spurgeon Spurgeon,
Mayor Beyer,
Barrera, Coontz That Ordinance No. 3-
93 have second reading waived and same was passed and adopted by the preceding vote.9.
RECESS TO
THE MEETING OF THE ORANGE REDEVEWPMENT AGENCY 10. ORAL PRESENTATIONS
Carol Walters, 534
N. Shaffer, asked how much money is generated from parking tickets?Police Chief
Robertson
advised the average citation generates approximately 30%,however, if the
State keeps cutting funds, it may go as low as an 8% return to the City.The Street SuperintendentindicatedthecitationforNoParkingonStreetSweepingDayis $30.
00, and the City receives $23.00.Mrs. Walters felt
these positions should not be targeted for layoffs when they generate much needed fundsfortheCity.PAGE 7 r-'
CITY COUNCIL MINUTES March 23, 1993
10. ORAL PRESENTATIONS (Continued)
Mrs. Walters also commented on cars double parking on Cambridge Street in front of
Orange High School, creating a dangerous situation.
11. RECESS
The City Council recessed at 4:23 P.M. to a Closed Session for the following purposes:
a. To confer with its attomey regarding pending litigation pursuant to Govemment
Code Section 54956.9(a), to wit
City of Orange vs. Steven D. Wymer, et al., United States Court Case No.
922141 SVW.
City of Orange vs. DLO Securities, et al., United States Court Case No.
SACV 92 498 GLT.
b. To confer with its attomey to decide whether to initiate litigation pursuant to
Govemment Code Section 54956.9(c).
c. To meet and give directions to its authorized representative regarding labor relations
matters pursuant to Govemment Code Section 54957.6.
d. To confer with its attorney regarding potential litigation pursuant to Govemment
Code Section 54956.9(b)(1).
e. To consider and take possible action upon personnel matters pursuant to
Govemment Code Section 54957.
f. To give instructions to its negotiator in connection with the purchase, sale, exchange
or lease of real property pursuant to Govemment Code Section 54956.8.
g. To consider and take possible action upon such other matters as are orally
announced by the City Attomey, City Manager or City Council prior to such recess,
unless the rnotion to recess indicates any of the matters will not be considered in Closed
Session.
PAGE 8
CITY COUNCIL MINUTES March 23, 1993
7:00 P.M. SESSION
12. INVOCATION - Pastor Terry Rommereim, Christ Lutheran Church 12.
1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.
2 ANNOUNCEMENTS - None 12.3
INTRODUCTIONS - None 12.4 PROCLAMATIONS -
None 12.5 PRESENTATIONS Resolution
No. 8162 was
presented to Supervisor William G. Steiner, honoring him for his service to the
City of Orange as City Councilman and Mayor Pro Tem.13. PUBLIC HEARINGS TAPE
2582 13.1 GENERAL PLAN
AMENDMENT 1-93, RECREATIONAL TRAILS MASTER PLAN AS PART
OF THE OPEN SPACE AND CONSERVATION ELEMENT, CITY OF ORANGE: (C2300.
H)Time set for
a public hearing on petition by the City of Orange to amend the City's General Plan, Open
Space and Conservation Element by modifying the existing Recreational Trails Master
Plan.NOTE: Negative Declaration
No. 1423 has been prepared in accordance with California Envirorunental Quality
Act (CEQA) Guidelines.MAYOR BEYER OPENED
THE PUBLIC HEARING.The Administrator of
Advanced Planning reviewed the past history of the project. Pam Elliott, 637 Arden
Road, Encinitas, representing The Elliott Group, Consultants hired by the City to
prepare a Master Plan of Recreational Trails, reviewed the existing and proposed routes, trail
standards, implementation plan, and management and maintenance plan.The
Administrator of
Advanced Planning commented that trails on the plan are all multi-purpose for
hiking, biking and equestrian use, except for the trails west of a north/ south
line at Loma Street. These are limited to biking and hiking. Use of the Southern Pacific
Railroad right-of-way as a trail connection to the south and to the
north is still a proposal on the plan, as well as the Edison right-of-way
located between Katella and
Taft Streets.Anticipating the widening of Santiago Canyon Road to a six lane primary
highway, the Orange Park Acres community is interested in a bi-Ievel facility
to cross Santiago Canyon Road. The concem is for the safety of children crossing
the street. The proposal in the plan is to identify two bi-Ievel crossings, one
at the dedicated riding ring being leased to OPA community by the Beazer-
Hansen Company;
CITY COUNCIL MINUTES March 23, 1993
13. PUBLIC HEARINGS (Continued)
the south end of the Catholic Cemetery property. The plan discusses the bi-
Ievel crossings as optional elements that are not required in order for the system of trails
to function adequately, but provide for safer street crossing. The funding for the
facilities is to come from the community. There is a clear understanding the City will not
be responsible for the construction of the
facilities.The following people spoke in
opposition:Philip Bettencourt, 110 Newport Center Dr., Newport Beach, representing
Hanson Properties West and Sully Miller Contracting
Company Thomas Flynn, 2811 E. Villa Real, representing the Diocese of Orange and Director
of the Catholic
Cemetery Dan Holden, 300 S. Harbor, Anaheim, representing the Diocese of Orange,
submitted retterdatedMarrh1~
1993 Their concerns were expressed as
follows:Mr. Bettencourt opposed the inclusion of the hi-level facility on Sully Miller'
s property on Santiago Canyon Rd. The following questions were asked: What is the sourre
of the private funding, and has there been any study on the basis of it? How
many horses,riders or pedestrians would use this facility? What crime and
vandalism problems would be associated with this facility? There is no cost estimate. No indication
in the study that other locations were inspected. The elements of the crossings
need more study. The bi-Ievel facility is the only portion of the plan that
is being opposed.Mr. Flynn commented there are too many unknowns of what the
bi-Ievel facility will look like. Concem was expressed that horse and pedestrian
traffic would impact the
cemetery and religious services.Mr. Holden, on behalf of the Roman Catholic Bishop of
Orange, requested the removal of the portions of the bi-Ievel facility mentioned from the
Master Plan for trails and relocate
at a more suitable location.The
following people spoke in favor:Mark Sanford, 10591 Meads Ave.,
President of Orange Park Acres Kirk
Maldonado, 20691 Santiago Canyon Rd.Christine
McCarthy, 20697 Santiago Canyon
Rd.Mara Brandman, 7319 Equitation
Bob Bennyhoff, 10642 Morada Dr.Their
concerns were expressed as follows:Looking 5 to 10 years in the future, people will need to cross
the six lane highway, and the bi-Ievel crossing is a good, safe option
that should
CITY COUNCIL MINUTES March 23, 1993
13. PUBLIC HEARINGS (Continued)
H the bi-Ievel facility is not part of the plan, it will place hikers, bikers, children
and equestrians in jeopardy trying to cross Santiago Canyon
Road.H the plan stays intact as it now is, it will allow all parties to sit down and talk
about the future possibilities of the street
crossings.Mr. Maldonado commented homeowners in his area want to have some
direct involvement in the development of the trails. Some homeowners felt they would
be willing to have easements through their property to allow different approaches to
be taken for the
trails.Ms. MacCarthy suggested that all options be left open. There is a need for
safe crossings. It was requested that when the road is scheduled to be widened,
the homeowners be contacted with the necessary information so there is no
confusion.THERE BEING NO FURTHER SPEAKERS, MAYOR BEYER CLOSED THE
PUBLIC
HEARING.
MOTION
SECOND
AYES
Coontz
Spurgeon Spurgeon, Mayor Beyer, Barrera, Coontz
Moved to accept the findings of the Environmental Review Board to file Negative
Declaration No. 1423.
MOTION
SECOND
AYES
Coontz Spurgeon
Spurgeon, Mayor
Beyer, Barrera, Coontz Moved to adopt
General Plan Amendment 1-93 as outlined in Planning Commission Resolution No.
PC-2-93, with the stipulation that the Master Plan does not guarantee
funding for trail development or rnaintenance by the City, nor guarantee land
acquisition by the City. In addition, Page 1-10, Item 3, in the Trails Master
Plan document, Bridge and Underpasses be changed on Santiago Canyon Road to say
that these structures and the land required for their implementation will be
funded privately. At such time, when the specific plans are developed for the
bi-Ievel crossings, a committee be formed to include the Catholic Diocese,
representatives from Orange Park Acres, Beazer/Hanson, and any adjacent
property owners.14. PLANNING AND ENVIRONMENT -
None 15. ORAL PRESENTATIONS - None
PAGE 11
CITY COUNCIL MINUTES March 23, 1993
16. ADJOURNMENT
MOTION
SECOND
AYES
Mayor Beyer Barrera
Spurgeon, Mayor
Beyer, Barrera, Coontz Moved to adjourn
at 8:35 P.M. to March 30,1993 at 3:00 P.M. to an Adjourned Regular Meeting.PAGE 12