05-18-1993 Council MinutesCITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
MAY 18, 1993
The City Council of the City of Orange, California convened on May 18, 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, Barrera, Mayor Beyer, Coontz, Murphy ABSENT -
None 1.3
APPROVAL OF MINUTES Regular Meeting
May 11, 1993 MOTION - Barrera
SECOND - Spurgeon AYES -
Spurgeon, Barrera, Mayor
Beyer, Coontz ABSTAINED - Murphy ACTION: Approved.1.
4 PRESENTATIONS/ANNOUNCEMENTS/
INTRODUCTIONS TAPE
44 Kenneth 1. Delino, Executive Director, Orange
County Cities Airport Authority gave a presentation on the closure ofUSMCS EI
Toro and proposed conversion to a civilian airport.T2200.1.l )MOTION - Mayor
Beyer
SECOND - BarreraAYES -
Spurgeon, Barrera, Mayor Beyer,
Coontz, Murphy Moved
to receive and file.1.5 PROCLAMATIONS Proclamation
declaring May 16-22, 1993
as "National Public
Works Week" was presented to Frank Page, Director of Public Works.PAGE
1
CITY COUNCIL MINUTES MAY 18, 1993
2.CONSENT CALENDAR TAPE 1376
2.1 Declaration of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of a
regular meeting of May 18, 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 from Orange High School for the temporary suspension of Permit Parking
restrictions in Area A on Sunday, June 13, 1993 and Thursday, June 17, 1993 for
Baccalaureate and Graduation ceremonies. (S4000.S.3.1.2)
FISCAL IMPACT: None
ACTION: Approved.
REMOVED AND HEARD SEPARATELY)
2.3 Recommendation to adopt Economic Development Strategy. (R3500.0)
FISCAL IMPACT: The action to adopt this strategy will not impact City or Agency
budgets.
Councilwoman Coontz recommended the motion be changed to: "Approve, in concept."
There are unanswered questions regarding administration involving dollar costs and policy
issues that need to be discussed at a later date.
MOTION - Coontz SECOND -
Murphy AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy ACTION: Moved to
approve in concept.2.4 Request
fromthe American Heart Association to conduct the event entitled "Cardiac Arrest" on May
26, 1993, on the front steps of City Hall. (p1300.0.9)FISCAL IMPACT: Applicant
has requested waiver of $2,000.00 clean-up bond. Staff recommends fees
not be waived.ACTION: Approved,
subject to payment of bond.2.5
CLAIM FOR DAMAGES FROM: (C3200.0)a. Daniel
Reyes and Laronda Reyes b. Michael
Lehman c. Chris
Calvert Page 2
CITY COUNCIL MINUTES MAY 18, 1993
2. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: None.
ACTION: Denied claims and referred to City Attorney and Adjuster.
MOTION - Spurgeon SECOND -
Barrera AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Item 2.3
was removedand heard separately; all remaining items on the Consent Calendar were approved as
recommended.END OF CONSENT
CALENDAR 3. REPORTS FROM
MAYOR BEYER URGENT ITEM MOTION -
Mayor Beyer
SECOND - Barrera AYES - Spurgeon,
Barrera, Mayor Beyer,
Coontz, Murphy Moved that the need for discussion
of this item arose after the posting of the Agenda.Mayor Beyer announced a request for
a permit for special promotion for a large balloon from Wood Gallery, 428 W. Katella,
beginning May 1st through the 31st.The Director of Community Development reported
the balloon has been up since last weekend, and a citation issued. The
Orange Municipal Code states Council approval is required for any balloon over 30
inches in diameter.MOTION - Mayor Beyer SECOND - Barrera AYES -
Spurgeon, Barrera, Mayor Beyer,
Coontz, Murphy Moved
to reject this request.4.REPORTS FROM COUNCILMEMBERS
TAPE 1576 4.1 Confirmation
of Planning Commission appointment.Councilman Murphy
requested a continuance to May 25, 1993.
Page 3
CITY COUNCIL MINUTES MAY 18, 1993
4. REPORTS FROM COUNCILMEMBERS (Continued)
MOTION - Murphy SECOND -
Barrera AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Moved to continue
this item to May 25, 1993.URGENT ITEM Report
from Councilwoman
Coontz regarding the Status ofUnreinforced Masonry Program, Phase Two. (
Copy on file in the City Clerk's Office.)MOTION - Mayor Beyer
SECOND - Barrera AYES - Spurgeon,
Barrera, Mayor Beyer,
Coontz, Murphy Moved that the need to discuss
this item arose after the posting of the Agenda.Councilwoman Coontz presented the report indicating
the deadline for the Phase One seismic repurchase program for engineering testing
and construction estimates as delineated in the URM Ordinance is
June 30th. Phase Two is to provide an equitable financing program including financial incentives.The
following recommendations were given: A
meeting be scheduled with URM staff,Mayor Beyer and Councilwoman Coontz to
achieve the following:I. Presentation of the financial program
Redevelopment has proposed for the construction phases, including evaluation of the
consultant's proposal.2. Evaluation of the incoming estimates.
Are they under or over the projected dollar estimates?3. Information on the various
incentives
programs.4. Establishment of a more user-
friendly application process.MOTION - Mayor Beyer SECOND - Coontz
AYES - Spurgeon, Barrera, Mayor
Beyer, Coontz, Murphy
Moved to approve the four recommendations as outlined
above.5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None
Page 4
CITY COUNCIL MINUTES MAY 18, 1993
6.ADMINISTRATIVE REPORTS TAPE 1737
6.1 Appeal No. 409 regarding Administrative Adjustment Permit 93-05 - Tony Puccio, 2526
East Blueridge Street. (Continued from April 27, 1993.) (A4000.0)
The Director of Community Development reported the Zoning Administrator denied the
request to allow a 9 foot street side yard setback as opposed to 10 feet as required by
code. The request would increase the house to 4,520 sq. ft., and add a 4 car garage. The
Zoning Administrator denied this increase because it would cause the house to be out of
scale with the other neighboring homes.
Speaking in favor of the Appeal:
Ed Ziegler, 2527 E. Blueridge, commented he lives across the street, and indicated the
request would not make the remodeling look like an addition, and would represent a good
improvement.
Tony Puccio, 2526 E. B1ueridge, commented he is trying to accommodate his large family
and would like to design the addition with the setback rather than have a wrap around
effect.
Speaking in opposition:
Carroll Johnson, 2624 E. Blueridge, commented, with the setback, the house would be too
large for the neighborhood and blatantly stick out as you enter Meredith Acres. The
request would cause no overhang on the lower part of the house, and there needs to be a
break.
The Director of Community Development commented, if there is just an eve and an
overhang of a roof structure, it can go into the setback. Mr. Puccio agreed.
MOTION - Mayor Beyer SECOND -
Spurgeon AYES - Spurgeon,
Mayor Beyer, Coontz, Murphy NOES - Barrera Moved
to deny the
appeal.TAPE 2426 6.2
Request the
City Council modifY the City's historic tree list to allow relocation or removal of the tree at
the southeast corner ofYorba and Chapman (Lucky Stores). (H1500.0)Dave Weigel, representing Lucky
Stores, 6565 Knott Avenue, Buena Park, reported Lucky's wants to
expand, remodel or possibly replace the existing store with a new facility of 40-50,000
sq. ft. which would be a 10-20,000 sq. ft. expansion. Lucky's needs to remain competitive
in the area due to other stores being developed nearby.Page 5
CITY COUNCIL MINUTES MAY 18, 1993
6. ADMINISTRA TlVE REPORTS (Continued)
The subject Ficus Tree prohibits the expansion plans because the same configuration
would have to be used. It would not be economically feasible to expand the store around
the tree because of roofline problems and disruption of the interior layout of the store.
Lucky's is exploring the possibility of buying the entire shopping center and remodeling all
store fronts and add all new, lush landscaping.
Valley Crest Tree Company has been contacted to relocate the tree. They indicate there is
a 95% or better chance that the tree would survive the relocation. It was suggested the
tree be moved to the park across the street or on the site in a different location. It would
cost approximately $125,000 to move the tree across the street. At this time the City is
maintaining the tree at $250.00 per month.
The following people spoke:
Dale Rahn, 350 N. Harwood, spoke on the effects of moving the historic tree.
John French, Director of General Services, commented on his family history and who
planted the tree. It was suggested Lucky's build an atrium around the tree or relocate, but
keep it on the original property.
Bea Herbst, 1436 E. Walnut, member of the Tree Society, commented the Ficus tree is
acknowledged as the way to locate this Lucky Store.
Margo Andrews, 504 E. Culver, sympathized with Lucky's and commented they should be
allowed to move the tree in order to allow the expansion. Mrs. Andrews thanked Council
for appointing Teresa Smith to the Planning Commission, and Mark Murphy on the
Council.
Alice Clark, 205 N. Pine St., being a resident of Old Towne, is familiar with the edict; you
do not get permission to demolish or move anything without a site plan.
The Community Services Manager reported the City is spending approximately $2,000 to
5,000 every two to four years to prune the tree by contract. Yorba Park is not the place
for the historical tree because of the methane gas problem.
Council discussed a more realistic approach to the site plan with a creative way to design
the existing stores and parking area to accommodate the tree. It was pointed out, at the
time the application came before Council to develop the site 20 years ago, it was
requested the tree be accommodated, Councilwoman Coontz stated, "You can fight
upper management when it comes to design." Councilmembers requested this item be
continued and a representative from Valley Crest be contacted to attend the June 8, 1993
Council meeting to discuss tree removal, their experience, and guarantees.
Page 6
CITY COUNCIL MINUTES MAY 18, 1993
6. ADMINISTRATIVE REPORTS (Continued)
MOTION - Spurgeon SECOND -
Barrera AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy Moved to continue
this item to June 8, 1993.7. REPORTS FROM
CITY MANAGER URGENT REQUEST MOTION -
Spurgeon SECOND -
Murphy AYES - Spurgeon,
Barrera, Mayor Beyer,
Coontz, Murphy Moved that the need to discuss
this item arose after the posting of the Agenda.The Personnel Director reported Resolution No.
8189 provides a severance pay program for non-management employees in the
City other than Police and Fire. It is proposed that if an employee resigns, they
would receive a salary equivalent to their base salary for the month of June, and that
the City would continue its contribution to the employee's health insurance for a three month
period. An out placement service would also be provided.The cost for the health
insurance and out placement service is approximately $28,000.00.All employee organizations have agreed
with the recommendation.RESOLUTION NO. 8189 A Resolution
of the City
Council of the City of Orange providing severance benefits to employees in the Orange Supervisory
and Management Association, Professional Technical and Clerical Unit, Operations
and Maintenance Unit, and the Water Department Employees Association.MOTION - Spurgeon SECOND -
Coontz AYES -
Spurgeon, Barrera, Mayor
Beyer, Coontz, Murphy
That Resolution No. 8189 as introduced be adopted
and same was passed and adopted by the preceding vote.8. LEGAL AFFAIRS 8.1
ORDINANCE NO. 1-
93 An Ordinance
of the City Council of
the City of Orange amending Section 5.16.030 of the Orange Municipal Code to increase the Uniform
Transient Occupancy Tax from 8% to 10%. (C2500.JA.l)Page 7
CITY COUNCIL MINUTES MAY 18, 1993
8. LEGAL AFFAIRS (Continued)
MOTION - Mayor Beyer SECOND -
Barrera AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy That Ordinance No.
1-93 have second reading waived and same was passed and adopted by the
preceding vote.8.2
RESOLUTION NO. 8182 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 directly adjacent to and north of Santiago Creek and south ofMabury
Avenue between Lassen and Orange Park Boulevards. (C2300.E)General Plan
Amendment 2-93 Applicant:
Hanson Properties West, Inc.MOTION -
Barrera SECOND - Coontz
AYES - Spurgeon, Barrera,
Mayor Beyer, Coontz, Murphy That Resolution No. 8182
as introduced be adopted and same was passed and adopted by the preceding vote.8.
3 RESOLUTION NO.
8183A 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 directly adjacent
to and north of Santiago Creek and south ofMabury Avenue between Lassen and
Orange Park Boulevards. (Z1500.0)Zone Change 1l46-93
Applicant: Hanson Properties
West, Inc.MOTION - Spurgeon SECOND -
Coontz AYES - Spurgeon,
Barrera, Mayor Beyer,
Coontz, Murphy That Resolution No. 8183 as introduced
be adopted and same was passed and adopted by the preceding vote.Page 8
CITY COUNCIL MINUTES MAY 18,1993
8. LEGAL AFFAIRS (Continued)
8.4 RESOLUTION NO. 8184
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 subdivision of property
situated directly adjacent to and north of Santiago Creek and south ofMabury Avenue
between Lassen and Orange Park Boulevards. (T4000.0)
Tentative Tract 14747
Applicant: Hanson Properties West, Inc.
MOTION - Barrera SECOND -
Murphy AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy That Resolution No.
8184 as introduced be adopted and same was passed and adopted by the preceding vote.
8.5 RESOLUTION
NO. 8185 A Resolution of
the City Council of the City of Orange upholding the recommendation of the Planning Commission
of the City of Orange and granting a variance to allow reduction in the 80
foot minimum lot frontage requirement of the R-I-8 district. (V1300.0)Variance
1947-93
Applicant: Hanson Properties West, Inc.
MOTION - Spurgeon SECOND -
Murphy AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy That Resolution No.
8185 as introduced be adopted and same was passed and adopted by the preceding vote.
8.6 ORDINANCE
NO. 6-93 An Ordinance
of the City Council of the City of Orange amending Section 17.06.020 of the Orange
Municipal Code and approving the reclassification of property situated directly adjacent to
and north of Santiago Creek and south ofMabury Avenue between Lassen and Orange Park
Boulevards. (ZI500.0)Zone Change
1146-93 Applicant:
Hanson Properties West, Inc.Page
9
CITY COUNCIL MINUTES MAY 18, 1993
8. LEGAL AFFAIRS (Continued)
MOTION - Mayor Beyer SECOND -
Barrera AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy That Ordinance No.
6-93 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 - None 11. RECESS The
City Council
recessed at 5:15 P.M. to a joint Study Session with the Planning Commission in the Weimer Room
regarding the Capital Improvement Program. A second CIP meeting will be scheduled at a
later date.The City Council
adjourned at 6:15 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:Serrano Irrigation District
vs. City of Orange, Fourth Appellate District C011667.City of Orange
vs. DLO Securities, et aI., United States District Court Case No. SACV 92 498 GLT.City of
Orange
vs. County of Orange, Suprerior Court Case 68 1889 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 Code Section 54956.9(
b)(I).e. To consider
and take possible action upon personnel matters pursuant to Government Code Section 54957.f
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 10
CITY COUNCIL MINUTES MAY 18, 1993
7:00 P.M. SESSION
12. INVOCA TION
Associate Pastor Ken Wilson
Orange Covenant Church
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 TAPE
4421 13.1 INSTALLMENT PURCHASE
AGREEMENT,BY THE CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY TO BENEFIT ST.
JOSEPH HOSPITAL AND HEALTH SYSTEM:Time set for a
public hearing, as required by Section 147(f) of the Internal Revenue Code of 1986 (the "Code")
to consider the proposed execution and delivery of an installment purchase agreement by the
California Statewide Communities Development Authority to benefit St. Joseph Hospital
and Health System in an amount not to exceed 210,000,000.00.
It is estimated that approximately $20,635,000.00 of the proceeds will be used to finance
additional improvements to, and the purchase of equipment for use at,St. Joseph Hospital of
Orange. (A2100.0.Agr.2081)MAYOR BEYER OPENED THE
PUBLIC HEARING.Steve Hamel, 7901 Stone
Ridge Dr., Pleasenton, California, representing the League of California Cities and the
California State Association of Counties who are jointly responsible for the creation
of the California Statewide Communities Development Authority, commented the purpose
of this meeting is to hold the public hearing so the bonds can be issued.
This is a federal requirement. The City is serving as a conduit for the purpose of the
public hearing because St. Joseph headquarters are in the City of Orange. The City has
no financial or legal liability associated with this. St. Joseph is responsible for the repayment
of the bonds. Mr. Hamel indicated the publication costs for the legal notice will
be paid by them.Glen Kasakaya, 4860 Via
del Cierro, Yorba Linda, Chief Financial Officer for St. Joseph's Hospital, commented the bulk
of the funds will be used to construct a new emergency room.THERE BEING NO
FURTHER
SPEAKERS, MAYOR BEYER CLOSED THE PUBLIC HEARING.Page 11
CITY COUNCIL MINUTES MAY 18, 1993
13. PUBLIC HEARINGS (Continued)
RESOLUTION NO. 8681
A Resolution of the City Council of the City of Orange approving an Installment Purchase
Financing to be undertaken by the California Statewide Communities Development
Authority to benefit St. Joseph Health System and St. Joseph Hospital of Orange.
MOTION - Spurgeon SECOND -
Coontz AYES - Spurgeon,
Barrera, Mayor Beyer, Coontz, Murphy That Resolution No.
8681 as introduced be adopted and same was passed and adopted by the preceding vote.
RESOLUTION NO. 8187
A Resolution of
the City Council of the City of Orange approving, authorizing and directing execution of
an amended and restated Joint Exercise of Powers Agreement relating to the
California Statewide Communities Development Agreement.MOTION - Spurgeon SECOND -
Murphy AYES - Spurgeon,
Barrera, Mayor Beyer,
Coontz, Murphy That Resolution No. 8187 as introduced
be adopted and same was passed and adopted by the preceding vote.14. PLANNING AND
ENVIRONMENT - None 15.
ORAL PRESENTATIONS Larry Bonham, 332 S.
Olive Street, addressed
his concerns with problems occurring in Yugoslavia.16. ADJOURNMENT MOTION SECOND AYES Mayor
Beyer
Barrera Spurgeon,
Barrera,
Mayor
Beyer,
Coontz, Murphy The
City Council
adjourned at 7:25 P.M.l /-'
IJJ/'? dUU.Y7/it/ (.k;l{t1i~/MARILYN 1.<
1ENS ,- ~
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CITYCLERK v GENEBEYE ~MAYOR Page 12